S T A T E   O F   N E W   Y O R K
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                                  5972

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 14, 2015
                               ___________

Introduced  by  Sens.  SEWARD, HANNON, KRUEGER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the insurance law and the public health law, in relation
  to permitting pregnant women to enroll in the state  health  insurance
  exchange at any time

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3217-c of the insurance law is amended by adding  a
new subsection (d) to read as follows:
  (D)  AN  INSURER,  SUBJECT TO THE PROVISIONS OF THIS ARTICLE, A CORPO-
RATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER,  OR  A
LICENSED MAINTENANCE ORGANIZATION UNDER ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH  LAW,  THAT  ISSUES  A  HEALTH  INSURANCE POLICY OR CONTRACT THAT
PROVIDES ELIGIBILITY FOR A SPECIAL ENROLLMENT PERIOD SHALL ALLOW FOR THE
ENROLLMENT OF A PREGNANT INDIVIDUAL AT ANY TIME AFTER  THE  COMMENCEMENT
OF  THE  PREGNANCY,  AS CERTIFIED BY A HEALTH CARE PRACTITIONER LICENSED
PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW ACTING WITHIN THE SCOPE  OF
HIS OR HER PRACTICE.  COVERAGE SHALL BE EFFECTIVE AS OF THE FIRST OF THE
MONTH IN WHICH THE INDIVIDUAL RECEIVES CERTIFICATION OF THE PREGNANCY.
  S  2. The public health law is amended by adding a new section 2507 to
read as follows:
  S 2507. SPECIAL ENROLLMENT; PREGNANCY.  AN  INSURER,  SUBJECT  TO  THE
PROVISIONS  OF  ARTICLE  THIRTY-TWO  OF THE INSURANCE LAW, A CORPORATION
ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE  INSURANCE  LAW,  OR  A
LICENSED MAINTENANCE ORGANIZATION UNDER ARTICLE FORTY-FOUR OF THIS CHAP-
TER,  THAT  ISSUES  A  HEALTH INSURANCE POLICY OR CONTRACT THAT PROVIDES
ELIGIBILITY FOR A SPECIAL ENROLLMENT PERIOD SHALL ALLOW FOR THE  ENROLL-
MENT  OF A PREGNANT INDIVIDUAL AT ANY TIME AFTER THE COMMENCEMENT OF THE
PREGNANCY, AS CERTIFIED BY A HEALTH CARE PRACTITIONER LICENSED  PURSUANT
TO  TITLE  EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER SCOPE OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09939-14-5

              

S. 5972                             2

PRACTICE.  COVERAGE SHALL BE DEEMED EFFECTIVE AS OF  THE  FIRST  OF  THE
MONTH IN WHICH THE INDIVIDUAL RECEIVES CERTIFICATION OF THE PREGNANCY.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to  all
qualified  health plans issued, renewed, modified, altered or amended on
or after such effective date; provided, however,  that  effective  imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.