NY State Senate Bill 2015-S3151A

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to labor
Jun 18, 2015	print number 3151a
Jun 18, 2015	amend and recommit to labor
Feb 03, 2015	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S3151 - Details

See Assembly Version of this Bill:: A5143
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §217, add §217-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7928
2017-2018: S4758, A6144
2019-2020: S3120

2015-S3151 - Summary

Relates to employee notification of contraceptive coverage.

2015-S3151 - Sponsor Memo

                                BILL NUMBER:S3151

TITLE OF BILL:

An act to amend the labor law, in relation to employee notification of
contraceptive coverage

PURPOSE:

Requires notice be provided to current employees and jobseekers where
an employer alters, restricts, or eliminates contraceptive coverage
offered to employees as part of the employment-based health insurance
plan.

SUMMARY OF PROVISIONS:

Section 1. Subdivision 2 of section 217 of the labor law is amended by
adding a new paragraph (c) to provide a definition of contraceptive
coverage for the purpose of this act.

Section 2. Section 217 of the labor law is amended by adding a new
subdivision 3-a that requires employers who are policyholders of an
employment-based health insurance plan to provide 90 days notice to
current employees where the employer alters, restricts, or terminates
contraceptive coverage. Such notice shall also be provided to any
employee representatives, the Department of Labor, the Department of

Financial Services, and the Attorney General. Violation of this
section would result in a civil penalty of up to $5,000 under current
law.

Section 3. Adds a new section 217-a to require employers who are
policyholders of an employment-based health insurance plan to provide
notice to jobseekers through internal employment websites or written
applications where such an employee/ does not cover certain types or
any contraceptive care or devices. A new penalty provision identical
to the provisions applicable to Section 2 is also added for violations
of this section.

Section 4 establishes an effective date of 90 days after enactment.

JUSTIFICATION:

The US Supreme Court's ruling in (BURWELL V. HOBBY LOBBY STORES, INC.)
created a new right for closed-corporations to be exempt from the
contraceptive care mandate under federal law. As a result, many
employees who would otherwise have certain contraceptive care and
devices covered under their insurance plan will no longer possess such
insurance through their employer.

This legislation would require an employer who intends to utilize the
(HOBBY LOBBY) exemption to provide 90 days notice to employees before
the change becomes effective, It would also require employers provide
clear notice to jobseekers through internal employment websites and
hard copy applications. Failure to comply with these provisions would
subject an employer to a civil enforcement penalty of up to $5,000 per
violation.


This requirement is not cumbersome for employers; it is a de minimus
addition to all other state and federal insurance regulations and it
merely requires employers provide easily accessible and jobseekers
will have more information about their employer-based insurance and
can decide whether they should seek other employment or pursue a
different job.

LEGISLATIVE HISTORY:

This legislation was previously introduced.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect ninety days after it shall have become a
law.

2015-S3151 - Bill Text download pdf

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

                                  3151

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to employee  notification  of
  contraceptive coverage

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

  Section 1. Subdivision 2 of section 217 of the labor law is amended by
adding a new paragraph (c) to read as follows:
  (C) "CONTRACEPTIVE COVERAGE" SHALL MEAN THAT PORTION OF  A  POLICY  OR
CONTRACT  OF  GROUP  ACCIDENT, GROUP HEALTH OR GROUP ACCIDENT AND HEALTH
INSURANCE THAT PROVIDES COVERAGE FOR THE COST OF CONTRACEPTIVE DRUGS  OR
DEVICES  APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION OR GENERIC
EQUIVALENTS APPROVED AS SUBSTITUTES BY SUCH FOOD AND DRUG ADMINISTRATION
UNDER THE PRESCRIPTION OF A HEALTH CARE PROVIDER LEGALLY  AUTHORIZED  TO
PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
  S  2. Section 217 of the labor law is amended by adding a new subdivi-
sion 3-a to read as follows:
  3-A. CONTRACEPTIVE COVERAGE NOTIFICATION. A POLICYHOLDER SHALL PROVIDE
WRITTEN NOTICE TO CERTIFICATE HOLDERS PRIOR TO SUBSTITUTING A POLICY  OR
CONTRACT  OF  GROUP  ACCIDENT, GROUP HEALTH OR GROUP ACCIDENT AND HEALTH
INSURANCE WITH ANOTHER SUCH POLICY OR CONTRACT THAT  ALTERS,  RESTRICTS,
OR  TERMINATES CONTRACEPTIVE COVERAGE. SUCH NOTICE SHALL BE PROVIDED NOT
LESS THAN NINETY DAYS PRIOR TO ANY SUCH SUBSTITUTION. WHERE THE  CERTIF-
ICATE  HOLDERS  ARE  EMPLOYEES REPRESENTED BY A LABOR ORGANIZATION, SUCH
NOTICE SHALL ALSO BE PROMPTLY PROVIDED TO  THE  REPRESENTATIVE  OF  SUCH
LABOR  ORGANIZATION.    A  COPY  OF  SUCH  NOTICE ALSO SHALL BE PROMPTLY
PROVIDED TO THE COMMISSIONER AND THE DEPARTMENTS OF  LAW  AND  FINANCIAL
SERVICES.    SUCH  WRITTEN NOTICE SHALL BE IN ACCORDANCE WITH APPLICABLE
RULES AND REGULATIONS OF THE COMMISSIONER.
  S 3. The labor law is amended by adding a new section 217-a to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04878-01-5

S. 3151                             2

  S 217-A. PROSPECTIVE EMPLOYEE NOTIFICATION OF CONTRACEPTIVE  COVERAGE.
1.  AN  EMPLOYER  WHO IS ISSUED A POLICY OR CONTRACT FOR GROUP ACCIDENT,
GROUP HEALTH OR GROUP ACCIDENT AND HEALTH INSURANCE THAT COVERS SOME  OR
ALL  OF  ITS  EMPLOYEES  SHALL  PROVIDE  NOTICE  TO ALL PERSONS WHO SEEK
EMPLOYMENT  WITH  SUCH  EMPLOYER  AS  TO WHETHER SUCH POLICY OR CONTRACT
INCLUDES CONTRACEPTIVE COVERAGE, AS SUCH TERM IS  DEFINED  IN  PARAGRAPH
(C) OF SUBDIVISION TWO OF SECTION TWO HUNDRED SEVENTEEN OF THIS ARTICLE.
WHERE  SUCH POLICY OR CONTRACT INCLUDES SOME, BUT NOT ALL, CONTRACEPTIVE
DRUGS AND DEVICES OR THEIR GENERIC EQUIVALENTS APPROVED BY  THE  FEDERAL
FOOD  AND DRUG ADMINISTRATION, SUCH NOTICE SHALL ALSO SPECIFY WHICH SUCH
DRUGS OR DEVICES ARE NOT  INCLUDED  IN  SUCH  INSURANCE  COVERAGE.  SUCH
NOTICE  SHALL BE PROMINENTLY DISPLAYED ON THE FACE OF ANY WRITTEN APPLI-
CATION FOR EMPLOYMENT UTILIZED BY AN EMPLOYER OR INCLUDED ON A  SEPARATE
WRITTEN  NOTICE  FORM  TO  BE  PROVIDED TO EACH PERSON WHO RECEIVES SUCH
WRITTEN APPLICATION. WHERE SUCH EMPLOYER MAINTAINS A PUBLICLY ACCESSIBLE
WEBPAGE THAT PROVIDES INFORMATION  ON  PROSPECTIVE  EMPLOYMENT  OPPORTU-
NITIES, SUCH EMPLOYER SHALL PROVIDE CLEAR AND CONSPICUOUS NOTICE ON SUCH
WEBPAGE AS TO WHETHER SUCH EMPLOYER PROVIDES CONTRACEPTIVE COVERAGE AND,
IF  SO,  WHETHER SUCH COVERAGE INCLUDES SOME, BUT NOT ALL, CONTRACEPTIVE
DRUGS AND DEVICES OR THEIR GENERIC EQUIVALENT APPROVED  BY  THE  FEDERAL
FOOD  AND  DRUG ADMINISTRATION.   THE COMMISSIONER, IN CONSULTATION WITH
THE DEPARTMENT OF FINANCIAL SERVICES, IS AUTHORIZED TO  PROMULGATE  SUCH
RULES  AND  REGULATIONS  AS  HE  OR SHE DEEMS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
  2. AN EMPLOYER THAT FAILS TO COMPLY WITH ANY PROVISION OF  SUBDIVISION
ONE  OF  THIS  SECTION,  SHALL,  FOR EACH SUCH VIOLATION, FORFEIT TO THE
PEOPLE OF THE STATE A SUM UP TO FIVE THOUSAND DOLLARS TO BE RECOVERED BY
THE COMMISSIONER IN A CIVIL ACTION. WHERE  SUCH  EMPLOYER  IS  A  CORPO-
RATION,  TRADE  ASSOCIATION,  JOINT  STOCK  ASSOCIATION, INCORPORATED OR
UNINCORPORATED ASSOCIATION, THE PRESIDENT, SECRETARY AND TREASURER THER-
EOF SHALL BE LIABLE FOR ANY SUCH FORFEITURE.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

2015-S3151A (ACTIVE) - Details

See Assembly Version of this Bill:: A5143
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §217, add §217-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7928
2017-2018: S4758, A6144
2019-2020: S3120

2015-S3151A (ACTIVE) - Summary

Relates to employee notification of contraceptive coverage.

2015-S3151A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3151A

TITLE OF BILL:

An act to amend the labor law, in relation to employee notification of
contraceptive coverage

PURPOSE:

Requires notice be provided to current employees and jobseekers where
an employer alters, restricts, or eliminates contraceptive coverage
offered to employees as part of the employment-based health insurance
plan.

SUMMARY OF PROVISIONS:

Section 1. Subdivision 2 of section 217 of the labor law is amended by
adding a new paragraph (c) to provide a definition of contraceptive
coverage for the purpose of this act.

Section 2. Section 217 of the labor law is amended by adding a new
subdivision 3-a that requires employers who are policyholders of an
employment-based health insurance plan to provide 90 days notice to
current employees where the employer alters, restricts, or terminates
contraceptive coverage. Such notice shall also be provided to any
employee representatives, the Department of Labor, the Department of

Financial Services, and the Attorney General.

Section 3. Adds a new section 217-a to require employers who are
policyholders of an employment-based health insurance plan to provide
notice to jobseekers through internal employment websites or written
applications where such an employer does not cover certain types or
any contraceptive care or devices. A new penalty provision identical
to the provisions applicable to Section 2 is also added for violations
of this section.

Section 4 establishes an effective date of 90 days after enactment.

JUSTIFICATION:

The US Supreme Court's ruling in BURWELL V. HOBBY LOBBY STORES, INC.
created a new right for closed-corporations to be exempt from the
contraceptive care mandate under federal law. As a result, many
employees who would otherwise have certain contraceptive care and
devices covered under their insurance plan will no longer possess such
insurance through their employer.

This legislation would require an employer who intends to utilize the
(HOBBY LOBBY) exemption to provide 90 days notice to employees before
the change becomes effective, It would also require employers provide
clear notice to jobseekers through internal employment websites and
hard copy applications.

This requirement is not cumbersome for employers; it is a de minimus
addition to all other state and federal insurance regulations and it
merely requires employers provide easily accessible and jobseekers
will have more information about their employer-based insurance and


can decide whether they should seek other employment or pursue a
different job.

LEGISLATIVE HISTORY:

This legislation was previously introduced.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect ninety days after it shall have become a
law.

2015-S3151A (ACTIVE) - Bill Text download pdf

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

                                 3151--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sens. STAVISKY, RIVERA, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the labor law, in relation to employee notification of
  contraceptive coverage

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

  Section 1. Subdivision 2 of section 217 of the labor law is amended by
adding a new paragraph (c) to read as follows:
  (C)  "CONTRACEPTIVE  COVERAGE"  SHALL MEAN THAT PORTION OF A POLICY OR
CONTRACT OF GROUP ACCIDENT, GROUP HEALTH OR GROUP  ACCIDENT  AND  HEALTH
INSURANCE  THAT PROVIDES COVERAGE FOR THE COST OF CONTRACEPTIVE DRUGS OR
DEVICES APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION OR  GENERIC
EQUIVALENTS APPROVED AS SUBSTITUTES BY SUCH FOOD AND DRUG ADMINISTRATION
UNDER  THE  PRESCRIPTION OF A HEALTH CARE PROVIDER LEGALLY AUTHORIZED TO
PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
  S 2. Section 217 of the labor law is amended by adding a new  subdivi-
sion 3-a to read as follows:
  3-A. CONTRACEPTIVE COVERAGE NOTIFICATION. A POLICYHOLDER SHALL PROVIDE
WRITTEN  NOTICE TO CERTIFICATE HOLDERS PRIOR TO SUBSTITUTING A POLICY OR
CONTRACT OF GROUP ACCIDENT, GROUP HEALTH OR GROUP  ACCIDENT  AND  HEALTH
INSURANCE  WITH  ANOTHER SUCH POLICY OR CONTRACT THAT ALTERS, RESTRICTS,
OR TERMINATES CONTRACEPTIVE COVERAGE. SUCH NOTICE SHALL BE PROVIDED  NOT
LESS  THAN NINETY DAYS PRIOR TO ANY SUCH SUBSTITUTION. WHERE THE CERTIF-
ICATE HOLDERS ARE EMPLOYEES REPRESENTED BY A  LABOR  ORGANIZATION,  SUCH
NOTICE  SHALL  ALSO  BE  PROMPTLY PROVIDED TO THE REPRESENTATIVE OF SUCH
LABOR ORGANIZATION.   A COPY OF  SUCH  NOTICE  ALSO  SHALL  BE  PROMPTLY
PROVIDED  TO  THE  COMMISSIONER AND THE DEPARTMENTS OF LAW AND FINANCIAL
SERVICES.  SUCH WRITTEN NOTICE SHALL BE IN  ACCORDANCE  WITH  APPLICABLE
RULES AND REGULATIONS OF THE COMMISSIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04878-03-5

S. 3151--A                          2

  S 3. The labor law is amended by adding a new section 217-a to read as
follows:
  S  217-A. PROSPECTIVE EMPLOYEE NOTIFICATION OF CONTRACEPTIVE COVERAGE.
AN EMPLOYER WHO IS ISSUED A POLICY OR CONTRACT FOR GROUP ACCIDENT, GROUP
HEALTH OR GROUP ACCIDENT AND HEALTH INSURANCE THAT COVERS SOME OR ALL OF
ITS EMPLOYEES SHALL PROVIDE NOTICE TO ALL PERSONS  WHO  SEEK  EMPLOYMENT
WITH  SUCH  EMPLOYER  AS  TO  WHETHER  SUCH  POLICY OR CONTRACT INCLUDES
CONTRACEPTIVE COVERAGE, AS SUCH TERM IS  DEFINED  IN  PARAGRAPH  (C)  OF
SUBDIVISION  TWO OF SECTION TWO HUNDRED SEVENTEEN OF THIS ARTICLE. WHERE
SUCH POLICY OR CONTRACT INCLUDES SOME, BUT NOT ALL, CONTRACEPTIVE  DRUGS
AND  DEVICES  OR  THEIR GENERIC EQUIVALENTS APPROVED BY THE FEDERAL FOOD
AND DRUG ADMINISTRATION, SUCH NOTICE SHALL ALSO SPECIFY WHICH SUCH DRUGS
OR DEVICES ARE NOT INCLUDED IN  SUCH  INSURANCE  COVERAGE.  SUCH  NOTICE
SHALL  BE  PROMINENTLY  DISPLAYED ON THE FACE OF ANY WRITTEN APPLICATION
FOR EMPLOYMENT UTILIZED BY AN EMPLOYER OR INCLUDED ON A SEPARATE WRITTEN
NOTICE FORM TO BE PROVIDED TO EACH  PERSON  WHO  RECEIVES  SUCH  WRITTEN
APPLICATION. WHERE SUCH EMPLOYER MAINTAINS A PUBLICLY ACCESSIBLE WEBPAGE
THAT  PROVIDES INFORMATION ON PROSPECTIVE EMPLOYMENT OPPORTUNITIES, SUCH
EMPLOYER SHALL PROVIDE CLEAR AND CONSPICUOUS NOTICE ON SUCH  WEBPAGE  AS
TO  WHETHER  SUCH  EMPLOYER  PROVIDES CONTRACEPTIVE COVERAGE AND, IF SO,
WHETHER SUCH COVERAGE INCLUDES SOME, BUT NOT  ALL,  CONTRACEPTIVE  DRUGS
AND DEVICES OR THEIR GENERIC EQUIVALENT APPROVED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION.  THE COMMISSIONER, IN CONSULTATION WITH THE DEPART-
MENT  OF  FINANCIAL SERVICES, IS AUTHORIZED TO PROMULGATE SUCH RULES AND
REGULATIONS AS HE OR SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS  OF
THIS SECTION.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S3151A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2015-S3151 - Details

2015-S3151 - Summary

2015-S3151 - Sponsor Memo

2015-S3151 - Bill Text download pdf

co-Sponsors

2015-S3151A (ACTIVE) - Details

2015-S3151A (ACTIVE) - Summary

2015-S3151A (ACTIVE) - Sponsor Memo

2015-S3151A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3151A

Share this bill

Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

Gustavo Rivera

John L. Sampson

2015-S3151 - Details

2015-S3151 - Summary

2015-S3151 - Sponsor Memo

2015-S3151 - Bill Text download pdf

co-Sponsors

Gustavo Rivera

2015-S3151A (ACTIVE) - Details

2015-S3151A (ACTIVE) - Summary

2015-S3151A (ACTIVE) - Sponsor Memo

2015-S3151A (ACTIVE) - Bill Text download pdf

Comments