S 9945

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   9945
                             I N  S E N A T E
                              April 16, 2026
                                ___________
 Introduced  by  Sen. ADDABBO -- 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
 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
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07760-02-5
 S. 9945                             2
 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.