NY State Senate Bill 2023-S8388A

Senate Bill S8388A

2023-2024 Legislative Session

Protects the health insurance benefits of retirees of public employers and contributions of retirees of public employers

download bill text pdf

Current Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2024	reported and committed to finance
Apr 11, 2024	print number 8388b
Apr 11, 2024	amend and recommit to civil service and pensions
Feb 23, 2024	print number 8388a
Feb 23, 2024	amend and recommit to civil service and pensions
Jan 25, 2024	referred to civil service and pensions

Votes

- May 22, 2024 - Civil Service And Pensions Committee Vote
  S8388A
  
  4
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 22, 2024
      
      aye (4)
      
      Addabbo Jr.
      
      Jackson
      
      Mattera
      
      Scarcella-Spanton
      
      aye wr (3)
      
      Chu
      
      Gounardes
      
      Weik

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2023-S8388 - Details

See Assembly Version of this Bill:: A7866
Current Committee:: Senate Finance
Law Section:: Retirement

2023-S8388 - Summary

Prohibits public employers from diminishing health insurance benefits provided to retirees and their dependents or the contributions such employer makes for such health insurance coverage below the level of such benefits or contributions made on behalf of such retirees and dependents by the public employer as of December 31, 2021.

2023-S8388 - Sponsor Memo

                                 
BILL NUMBER: S8388

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act in relation to protecting the health insurance benefits of reti-
rees of public employers and contributions of retirees of public employ-
ers

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits public employers from diminishing the health insurance bene-
fits of public employee retirees.

 
SUMMARY OF PROVISIONS:

Section 1 establishes that the name of the act shall be the "Health
Equity for Retirees Act."

Section 2 provides that public employers shall not diminish health
insurance benefits for retirees and their dependents. It further
provides definitions for the purposes of this act.

Section 3 states the effective date.

 
JUSTIFICATION:

In some localities, there have been attempts to transfer public employee
retirees to health insurance programs that provide diminished benefits.
This action may have serious consequences for the health of these indi-
viduals and on the state's health care system. Retirees covered by such
diminished programs may see reduced access to medical care, with long
pre-authorization procedures and the need to switch from long term
providers. Due to these changes, retirees may be more dependent on
urgent care facilities and emergency rooms, putting an even bigger
strain on health care providers. This legislation will protect retired
public employees from being transferred into diminished health insurance
programs.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after November 1.

2023-S8388 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8388
 
                             I N  S E N A T E
 
                             January 25, 2024
                                ___________
 
 Introduced by Sens. HARCKHAM, MATTERA, ADDABBO, CLEARE, COMRIE, PALUMBO,
   RHOADS, ROLISON, SKOUFIS, STEC, TEDISCO, WEBER, WEIK -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Civil Service and Pensions
 
 AN ACT in relation to protecting the health insurance benefits of  reti-
   rees  of  public  employers  and  contributions  of retirees of public
   employers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known as the "Health Equity for Retirees
 Act" or "(HERA)".
   § 2. 1. On and after the effective date of this act, a public employer
 shall not diminish the health insurance benefits  provided  to  retirees
 and  their  dependents or the contributions such employer makes for such
 health insurance coverage below the level of such benefits  or  contrib-
 utions  made  on  behalf  of  such retirees and their dependents by such
 public employer as of November 1, 2022.
   2. For the purposes of this act:
   (a) "diminish" shall mean any change in health care offered that could
 potentially make it harder for retirees  residing  anywhere  within  the
 United  States,  including  its  territories  and possessions, to access
 their health care than before such change was made. These changes  shall
 include,  but  are  not  limited  to, increasing the cost of such health
 care, forcing retirees into Medicare Advantage Plans,  forcing  them  to
 use  health  care  providers only from pre-designated panels, or forcing
 them to wait for  pre-authorization  for  medical  procedures  that  are
 recommended by their health care providers;
   (b)  "public  employer"  shall  mean the following: (i) the state or a
 civil division thereof; (ii) a county, city, town or  village;  (iii)  a
 school  district,  board of cooperative educational services, vocational
 education and extension board or a  school  district  as  enumerated  in
 section  1  of  chapter  566  of  the laws of 1967, as amended; (iv) any
 governmental entity operating a college  or  university;  (v)  a  public
 improvement or special district including police or fire districts; (vi)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11812-01-3
 S. 8388                             2
 
 a  public  authority, commission or public benefit corporation; or (vii)
 any other public corporation, agency, instrumentality or unit of govern-
 ment which exercises governmental power under the laws  of  this  state;
 and
   (c) "retiree" shall mean a retiree of a public employer.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after November 1, 2021.

co-Sponsors

View additional co-sponsors

2023-S8388A - Details

See Assembly Version of this Bill:: A7866
Current Committee:: Senate Finance
Law Section:: Retirement

2023-S8388A - Summary

2023-S8388A - Sponsor Memo

                                 
BILL NUMBER: S8388A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act in relation to protecting the health insurance benefits of reti-
rees of public employers and contributions of retirees of public employ-
ers

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits public employers from diminishing the health insurance bene-
fits of public employee retirees.

 
SUMMARY OF PROVISIONS:

Section 1 establishes that the name of the act shall be the "Health
Equity for Retirees Act."

Section 2 provides that public employers shall not diminish health
insurance benefits for retirees and their dependents. It further
provides definitions for the purposes of this act.

Section 3 states the effective date.

 
JUSTIFICATION:

In some localities, there have been attempts to transfer public employee
retirees to health insurance programs that provide diminished benefits.
This action may have serious consequences for the health of these indi-
viduals and on the state's health care system. Retirees covered by such
diminished programs may see reduced access to medical care, with long
pre-authorization procedures and the need to switch from long term
providers. Due to these changes, retirees may be more dependent on
urgent care facilities and emergency rooms, putting an even bigger
strain on health care providers. This legislation will protect retired
public employees from being transferred into diminished health insurance
programs.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS

FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after November 1.

2023-S8388A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8388--A
 
                             I N  S E N A T E
 
                             January 25, 2024
                                ___________
 
 Introduced by Sens. HARCKHAM, MATTERA, ADDABBO, CLEARE, COMRIE, HINCHEY,
   MAY,  OBERACKER,  PALUMBO,  RHOADS,  ROLISON,  SKOUFIS, STEC, TEDISCO,
   WEBB, WEBER, WEIK -- read twice and ordered printed, and when  printed
   to  be  committed  to  the  Committee on Civil Service and Pensions --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT in relation to protecting the health insurance benefits of reti-
   rees of public employers  and  contributions  of  retirees  of  public
   employers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known as the "Health Equity for  Retirees
 Act" or "(HERA)".
   § 2. 1. On and after the effective date of this act, a public employer
 shall  not  diminish  the health insurance benefits provided to retirees
 and their dependents or the contributions such employer makes  for  such
 health  insurance  coverage below the level of such benefits or contrib-
 utions made on behalf of such retirees  and  their  dependents  by  such
 public employer as of November 1, 2022.
   2. For the purposes of this act:
   (a) "diminish" shall mean any change in health care offered that could
 potentially  make  it  harder  for retirees residing anywhere within the
 United States, including its  territories  and  possessions,  to  access
 their  health care than before such change was made. These changes shall
 include, but are not limited to, increasing  the  cost  of  such  health
 care,  forcing  retirees  into Medicare Advantage Plans, forcing them to
 use health care providers only from pre-designated  panels,  or  forcing
 them  to  wait  for  pre-authorization  for  medical procedures that are
 recommended by their health care providers;
   (b) "public employer" shall mean the following: (i)  the  state  or  a
 civil  division  thereof;  (ii) a county, city, town or village; (iii) a
 school district, board of cooperative educational  services,  vocational
 education  and  extension  board  or  a school district as enumerated in
 section 1 of chapter 566 of the laws  of  1967,  as  amended;  (iv)  any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11812-02-4
 S. 8388--A                          2
 
 governmental  entity  operating  a  college  or university; (v) a public
 improvement or special district including police or fire districts; (vi)
 a public authority, commission or public benefit corporation;  or  (vii)
 any other public corporation, agency, instrumentality or unit of govern-
 ment  which  exercises  governmental power under the laws of this state;
 and
   (c) "retiree" shall mean a retiree of a public employer.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after November 1, 2022.

co-Sponsors

View additional co-sponsors

2023-S8388B (ACTIVE) - Details

See Assembly Version of this Bill:: A7866
Current Committee:: Senate Finance
Law Section:: Retirement

2023-S8388B (ACTIVE) - Summary

2023-S8388B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8388B

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act in relation to protecting the health insurance benefits of reti-
rees of public employers and contributions of retirees of public employ-
ers

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits public employers from diminishing the health insurance bene-
fits of public employee retirees.

 
SUMMARY OF PROVISIONS:

Section 1 establishes that the name of the act shall be the "Health
Equity for Retirees Act."

Section 2 provides that public employers shall not diminish health
insurance benefits for retirees and their dependents. It further
provides definitions for the purposes of this act.

Section 3 states the effective date.

 
JUSTIFICATION:

In some localities, there have been attempts to transfer public employee
retirees to health insurance programs that provide diminished benefits.
This action may have serious consequences for the health of these indi-
viduals and on the state's health care system. Retirees covered by such
diminished programs may see reduced access to medical care, with long
pre-authorization procedures and the need to switch from long term
providers. Due to these changes, retirees may be more dependent on
urgent care facilities and emergency rooms, putting an even bigger
strain on health care providers. This legislation will protect retired
public employees from being transferred into diminished health insurance
programs.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after November 1.

2023-S8388B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8388--B
 
                             I N  S E N A T E
 
                             January 25, 2024
                                ___________
 
 Introduced  by Sens. HARCKHAM, MATTERA, ADDABBO, CLEARE, COMRIE, COONEY,
   GALLIVAN, GONZALEZ, HINCHEY, KRUEGER,  MARTINS,  MAY,  MAYER,  MURRAY,
   OBERACKER,  PALUMBO,  RHOADS,  ROLISON,  SEPULVEDA, SKOUFIS, STAVISKY,
   STEC, TEDISCO, WEBB, WEBER, WEIK -- read twice  and  ordered  printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions  --  committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT in relation to protecting the health insurance benefits of  reti-
   rees  of  public  employers  and  contributions  of retirees of public
   employers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known as the "Health Equity for Retirees
 Act" or "(HERA)".
   § 2. 1. On and after the effective date of this act, a public employer
 shall not diminish the health insurance benefits  provided  to  retirees
 and  their  dependents or the contributions such employer makes for such
 health insurance coverage below the level of such benefits  or  contrib-
 utions  made  on  behalf  of  such retirees and their dependents by such
 public employer as of December 31, 2021.
   2. For the purposes of this act:
   (a) "diminish" shall mean any change in health care offered that could
 potentially make it harder for retirees  residing  anywhere  within  the
 United  States,  including  its  territories  and possessions, to access
 their health care than before such change was made. These changes  shall
 include,  but  are  not  limited  to, increasing the cost of such health
 care, reducing contributions made by a public employer, forcing retirees
 into Medicare Advantage Plans, forcing them to use health care providers
 only from pre-designated panels, or forcing them to wait for pre-author-
 ization for medical procedures that are recommended by their health care
 providers;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11812-05-4

 S. 8388--B                          2
 
   (b) "health care benefits" shall mean any and all  aspects  of  health
 care coverage offered to retirees and their dependents by public employ-
 ers,  including, but not limited to: (i) costs: this includes the amount
 of money (on either an absolute  or  proportional  basis)  retirees  and
 their dependents are charged for premiums, deductibles, coinsurance, and
 copayments associated with any health care coverage; (ii) coverage: this
 encompasses  the  specific  services  and benefits covered by the health
 care  plan,  including  inpatient  and  outpatient  care,   preventative
 services,  prescription  drugs, mental health and substance abuse treat-
 ment, and vision and  dental  care;  and  (iii)  provider  choice:  this
 includes  the  ability  of  retirees  and their dependents to access any
 health care provider who accepts Medicare or participates in the offered
 plan's network, without restriction;
   (c) "public employer" shall mean the following: (i)  the  state  or  a
 civil  division  thereof;  (ii) a county, city, town or village; (iii) a
 school district, board of cooperative educational  services,  vocational
 education  and  extension  board  or  a school district as enumerated in
 section 1 of chapter 566 of the laws  of  1967,  as  amended;  (iv)  any
 governmental  entity  operating  a  college  or university; (v) a public
 improvement or special district including police or fire districts; (vi)
 a public authority, commission or public benefit corporation;  or  (vii)
 any other public corporation, agency, instrumentality or unit of govern-
 ment  which  exercises  governmental power under the laws of this state;
 and
   (d) "retiree" shall mean a retiree of a public employer.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after December 31, 2021.

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Senate Bill S8388A

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2023-S8388 - Details

2023-S8388 - Summary

2023-S8388 - Sponsor Memo

2023-S8388 - Bill Text download pdf

co-Sponsors

2023-S8388A - Details

2023-S8388A - Summary

2023-S8388A - Sponsor Memo

2023-S8388A - Bill Text download pdf

co-Sponsors

2023-S8388B (ACTIVE) - Details

2023-S8388B (ACTIVE) - Summary

2023-S8388B (ACTIVE) - Sponsor Memo

2023-S8388B (ACTIVE) - Bill Text download pdf

Comments