S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4639
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT in relation to protecting the health insurance benefits of  reti-
   rees of public employers and contributions of retirees of Medicare-el-
   igible 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 Medicare-eligible dependents or the contributions such employ-
 er makes for such health insurance coverage  below  the  level  of  such
 benefits  or  contributions  made  on  behalf of such retirees and their
 dependents by such public employer as of December 31, 2021.  Nothing  in
 this subdivision shall be construed to impair the ability of any employ-
 ee  organization to negotiate the terms and conditions of employment for
 their employee members.
   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
 (including  with  respect  to  premiums,  deductibles,  coinsurance, and
 copayments), 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-authorization  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.
                                                            LBD07760-02-5
 A. 4639                             2
              

 
   (b) "health care benefits" shall mean any and all  aspects  of  health
 care coverage offered to retirees and their Medicare-eligible dependents
 by  public  employers,  including,  but  not limited to: (i) costs: this
 includes the amount of money (on  either  an  absolute  or  proportional
 basis)  retirees  and their Medicare-eligible 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  inpa-
 tient  and  outpatient  care, preventative services, prescription drugs,
 mental health and substance abuse treatment, and vision and dental care;
 and (iii) provider choice: this includes the  ability  of  retirees  and
 their  Medicare-eligible  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  Medicare-eligible  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.