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Bill proposed to blunt effect of Supreme Court's Hobby Lobby decision in NY

WHITE PLAINS – Attorney General Eric Schneiderman and State Senate Democratic Conference Leader Andrea Stewart-Cousins announced that they would propose legislation in Albany that would help to shield New York women from the effect of the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby. That decision limited the scope of the contraceptive mandate under the Patient Protection and Affordable Care Act (ACA), with the result that some women in New York State may lose insurance coverage for prescription contraception. The Reproductive Rights Disclosure Act would require employers both to give current employees 90 days’ notice before changing contraceptive coverage and to notify prospective employees of any contraceptive coverage they offer their employees. A broad coalition of advocates and legislators, including Assembly Member Shelley Mayer, attended the announcement to express their support for the legislation, as well as representatives from WCLA - Choice Matters, NARAL Pro-Choice New York, Planned Parenthood, the National Organization for Women of New York City, the National Organization for Women of New York State, and the New York Civil Liberties Union.

“No woman should have her personal healthcare decisions dictated by the religious beliefs of her boss,” Attorney General Schneiderman said. “As a senator, I fought for a strong law to protect women from discrimination in healthcare coverage because we must have one set of rules for everyone. In the wake of the Supreme Court’s deeply misguided Hobby Lobby decision, we need to go further to empower the women of New York State with the information they need to make their own healthcare choices. That is what the Reproductive Rights Disclosure Act would accomplish.”

Because Hobby Lobby allows a limited category of companies to drop contraceptive coverage from their employee insurance plans, Attorney General Schneiderman’s Reproductive Rights Disclosure Act would create one notice standard for all employers, regardless of the type of company. The Act would require employers to give 90 days’ written notice to employees, as well as the New York State Department of Labor, the Department of Financial Services, and the State Attorney General’s Office. It would also require employers to inform prospective employees of the scope of contraceptive coverage, including by posting on the company website limitations on contraception coverage. The Act also provides for a civil penalty of up to $5,000 for each violation of the new notice provisions.