S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1167
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of A. SEAWRIGHT, TAYLOR -- read once and referred 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 ALL FEDERAL FOOD AND DRUG  ADMINIS-
 TRATION-APPROVED   CONTRACEPTIVE  DRUGS,  DEVICES,  AND  OTHER  PRODUCTS
 INCLUDING ALL FEDERAL FOOD AND  DRUG  ADMINISTRATION-APPROVED  OVER-THE-
 COUNTER  CONTRACEPTIVE  DRUGS, DEVICES, AND PRODUCTS AS PRESCRIBED OR AS
 OTHERWISE AUTHORIZED UNDER STATE OR FEDERAL LAW.
   § 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 MODIFYING OR REPLACING 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 CHANGE IN COVERAGE.
 WHERE THE CERTIFICATE HOLDERS  ARE  EMPLOYEES  REPRESENTED  BY  A  LABOR
 ORGANIZATION,  SUCH NOTICE SHALL ALSO BE PROMPTLY PROVIDED TO THE REPRE-
 SENTATIVE 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.
   § 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.
              

                                                            LBD05648-01-1

 A. 1167                             2
 
   §  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 DOES NOT
 INCLUDE ANY OR ALL CONTRACEPTIVE COVERAGE, AS SUCH TERM  IS  DEFINED  IN
 PARAGRAPH  (C)  OF  SUBDIVISION  TWO OF SECTION TWO HUNDRED SEVENTEEN OF
 THIS ARTICLE, PURSUANT TO AN EXEMPTION PROVIDED UNDER PARAGRAPH  SIXTEEN
 OF  SUBSECTION  (1)  OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF
 THE INSURANCE LAW OR SUBSECTION (CC)  OF  SECTION  FOUR  THOUSAND  THREE
 HUNDRED  THREE  OF  THE  INSURANCE  LAW.  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 ADMINIS-
 TRATION, SUCH NOTICE SHALL ALSO SPECIFY WHICH SUCH DRUGS OR DEVICES  ARE
 NOT INCLUDED IN SUCH INSURANCE COVERAGE. SUCH NOTICE SHALL BE PROMINENT-
 LY  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 COVER-
 AGE 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.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.