S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8684
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 23, 2019
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Insurance
 
 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 without penalty

   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.  SUCH HEALTH INSURANCE POLICY OR CONTRACT SHALL NOT
 IMPOSE A FEE OR OTHER PENALTY FOR SPECIAL  ENROLLMENT  OF  THE  PREGNANT
 INDIVIDUAL.  COVERAGE SHALL BE EFFECTIVE AS OF THE FIRST OF THE MONTH IN
 WHICH THE INDIVIDUAL RECEIVES CERTIFICATION OF THE PREGNANCY.
   §  2.  The public health law is amended by adding a new section 2509-a
 to read as follows:
   § 2509-A. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13283-02-9

 A. 8684                             2
 
 TO  TITLE  EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER SCOPE OF
 PRACTICE.  SUCH HEALTH INSURANCE POLICY OR CONTRACT SHALL NOT  IMPOSE  A
 FEE  OR OTHER PENALTY FOR SPECIAL ENROLLMENT OF THE PREGNANT INDIVIDUAL.
 COVERAGE SHALL BE DEEMED EFFECTIVE AS OF THE FIRST OF THE MONTH IN WHICH
 THE INDIVIDUAL RECEIVES CERTIFICATION OF THE PREGNANCY.
   §  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.    Effective  immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.