Bill Text: NY A07866 | 2023-2024 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 68-39)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A07866 Detail]

Download: New_York-2023-A07866-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7866--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      July 7, 2023
                                       ___________

        Introduced  by  M.  of  A. ZEBROWSKI, GUNTHER, BURDICK, LAVINE, EPSTEIN,
          SHIMSKY, THIELE, NOVAKHOV, SIMONE, CARROLL, COLTON, SEAWRIGHT,  DeSTE-
          FANO,  LEVENBERG, REYES, SIMON, BENEDETTO, HEVESI, JACOBSON, SILLITTI,
          WILLIAMS, DURSO, MAHER, BRABENEC, PIROZZOLO, RA,  LUPARDO,  McDONOUGH,
          MCGOWAN,  STERN,  DICKENS, STECK, EACHUS, RIVERA, SHRESTHA, O'DONNELL,
          BURKE, SLATER, GALLAGHER,  KELLES,  BENDETT,  MIKULIN,  RAMOS,  VANEL,
          MAMDANI,  ARDILA,  BROOK-KRASNY, BERGER, ZINERMAN, K. BROWN, ANGELINO,
          SIMPSON, GANDOLFO,  BURGOS,  REILLY,  TANNOUSIS,  BLANKENBUSH,  LUCAS,
          PHEFFER AMATO,  SANTABARBARA,  TAGUE  -- read once and referred to the
          Committee on Governmental Employees -- recommitted to the Committee on
          Governmental Employees in accordance with Assembly Rule 3, sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, 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:

     1    Section  1. This act shall be known as the "Health Equity for Retirees
     2  Act" or "(HERA)".
     3    § 2. 1. On and after the effective date of this act, a public employer
     4  shall not diminish the health insurance benefits  provided  to  retirees
     5  and  their  dependents or the contributions such employer makes for such
     6  health insurance coverage below the level of such benefits  or  contrib-
     7  utions  made  on  behalf  of  such retirees and their dependents by such
     8  public employer as of December 31, 2021.
     9    2. For the purposes of this act:
    10    (a) "diminish" shall mean any change in health care offered that could
    11  potentially make it harder for retirees  residing  anywhere  within  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11812-04-4
        A. 7866--B                          2

     1  United  States,  including  its  territories  and possessions, to access
     2  their health care than before such change was made. These changes  shall
     3  include,  but  are  not  limited  to, increasing the cost of such health
     4  care, reducing contributions made by a public employer, forcing retirees
     5  into Medicare Advantage Plans, forcing them to use health care providers
     6  only from pre-designated panels, or forcing them to wait for pre-author-
     7  ization for medical procedures that are recommended by their health care
     8  providers;
     9    (b)  "health  care  benefits" shall mean any and all aspects of health
    10  care coverage offered to retirees and their dependents by public employ-
    11  ers, including, but not limited to: (i) costs: this includes the  amount
    12  of  money  (on  either  an  absolute or proportional basis) retirees and
    13  their dependents are charged for premiums, deductibles, coinsurance, and
    14  copayments associated with any health care coverage; (ii) coverage: this
    15  encompasses the specific services and benefits  covered  by  the  health
    16  care   plan,  including  inpatient  and  outpatient  care,  preventative
    17  services, prescription drugs, mental health and substance  abuse  treat-
    18  ment,  and  vision  and  dental  care;  and  (iii) provider choice: this
    19  includes the ability of retirees and  their  dependents  to  access  any
    20  health care provider who accepts Medicare or participates in the offered
    21  plan's network, without restriction;
    22    (c)  "public  employer"  shall  mean the following: (i) the state or a
    23  civil division thereof; (ii) a county, city, town or  village;  (iii)  a
    24  school  district,  board of cooperative educational services, vocational
    25  education and extension board or a  school  district  as  enumerated  in
    26  section  1  of  chapter  566  of  the laws of 1967, as amended; (iv) any
    27  governmental entity operating a college  or  university;  (v)  a  public
    28  improvement or special district including police or fire districts; (vi)
    29  a  public  authority, commission or public benefit corporation; or (vii)
    30  any other public corporation, agency, instrumentality or unit of govern-
    31  ment which exercises governmental power under the laws  of  this  state;
    32  and
    33    (d) "retiree" shall mean a retiree of a public employer.
    34    §  3.  This  act  shall take effect immediately and shall be deemed to
    35  have been in full force and effect on and after December 31, 2021.