NY State Senate Bill 2025-S3607

Senate Bill S3607

2025-2026 Legislative Session

Protects the health insurance benefits of retirees of public employers and contributions of Medicare-eligible retirees of public employers

download bill text pdf

Current Bill Status - In Senate Committee Civil Service And Pensions 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 28, 2025	referred to civil service and pensions

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2025-S3607 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in 2023-2024 Legislative Session:: S8388

2025-S3607 (ACTIVE) - Summary

Prohibits public employers from diminishing health insurance benefits provided to Medicare-eligible retirees and their Medicare-eligible 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.

2025-S3607 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3607

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 Medicare-eli-
gible public employers

 
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:

2023-2024: Died in Finance

 
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, 2021.

2025-S3607 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3607
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2025
                                ___________
 
 Introduced by Sens. HARCKHAM, ADDABBO, ASHBY, BORRELLO, BROUK, CANZONER-
   I-FITZPATRICK,  CLEARE, COMRIE, COONEY, FERNANDEZ, GALLIVAN, GONZALEZ,
   HELMING, HINCHEY, HOYLMAN-SIGAL, JACKSON, KRUEGER, LANZA, LIU,  MARTI-
   NEZ, MARTINS, MATTERA, MAY, MAYER, MURRAY, OBERACKER, PALUMBO, PARKER,
   RHOADS, RIVERA, ROLISON, S. RYAN, SALAZAR, SCARCELLA-SPANTON, SEPULVE-
   DA,  SERRANO,  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
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07760-02-5

 S. 3607                             2
 
 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;
   (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.

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