BILL NUMBER: S5639B
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the civil service law, in relation to clarifying that
the New York state health insurance program remains subject to certain
provisions of the financial services law
 
PURPOSE:
The purpose of this bill is to ensure that participants in the New York
State Health Insurance Program (NYSHIP) that are not part of an approved
collective bargaining agreement will not have their health insurance
benefits diminished by order of the President of the New York State
Civil Service Commission.
 
SUMMARY OF PROVISIONS:
Section 1 amends subparagraph (i) of paragraph (b) of subdivision 1 of
Section 162 of the Civil Service Law to provide that NYSHIP covers at
least one plan to enrollees that reimburses out-of-network clinicians at
usual, customary, and reasonable rates set at the 80th percentile of the
FAIR Health benchmark.
Section 2 amends subdivision 1 of Section 161-a of the Civil Service Law
to prevent the Department of Civil Service from automatically applying
collectively bargained health plan changes to non-union represented
employees, retirees, and union represented municipal employees that have
not specifically memorialized NYSHIP benefits in a collective bargaining
agreement if the changes would decrease coverage and/or reimbursement.
Section 3 is the effective date.
 
JUSTIFICATION:
The purpose of this bill is to ensure that participants in the New York
State Health Insurance Program/The Empire Plan that have not been
subjected to an approved collective bargaining agreement will not have
their health insurance benefits diminished by order of the President of
the New York State Civil Service Commission. This bill also clarifies
Civil Service Law to ensure that the New York State Health Insurance
Program/The Empire Plan remains subject to Department of Financial
Services regulations and the New York State Emergency and Surprise Bills
Law.
This bill ensures that New York State dedicated public employees partic-
ipating in NYSHIP are fairly and equitably provided health insurance
options and that no such participant has their health insurance dimin-
ished in any capacity without first having been represented through
collective bargaining. New York State's dedicated public employees from
the municipal to state levels are the backbone of the State's commitment
to every resident. Recruitment and retention of public employees have
become increasingly more difficult. This bill will reaffirm its commit-
ment to all public servants and their families.
 
LEGISLATIVE HISTORY:
New bill.
 
STATE AND LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5639B: 162 civil service law, 162(1) civil service law