S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8241
 
                             I N  S E N A T E
 
                             February 7, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 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-b
 to read as follows:
   §  2509-B.  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
 PRACTICE.    SUCH HEALTH INSURANCE POLICY OR CONTRACT SHALL NOT IMPOSE A
 FEE OR OTHER PENALTY FOR SPECIAL ENROLLMENT OF THE PREGNANT  INDIVIDUAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07609-03-2
 S. 8241                             2

 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.