Bill Text: NY S07114 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires health insurance plans to provide coverage for epinephrine auto-injector devices; caps the cost to an insured at $100 per year.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2024-05-30 - returned to senate [S07114 Detail]

Download: New_York-2023-S07114-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7114

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 18, 2023
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance

        AN ACT to amend the insurance  law,  in  relation  to  requiring  health
          insurance  plans  to  provide  coverage  for epinephrine auto-injector
          devices

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
     2  amended by adding a new paragraph 39 to read as follows:
     3    (39) Every insurer issuing a policy of accident and  health  insurance
     4  delivered  or  issued  for  delivery  in this state which provides major
     5  medical or similar comprehensive-type coverage  shall  include  coverage
     6  for  two  medically  necessary epinephrine auto-injector devices for the
     7  emergency treatment of life-threatening allergic reactions.  Such cover-
     8  age may be subject to annual deductibles and  coinsurance    as  may  be
     9  deemed  appropriate  by  the  superintendent  and as are consistent with
    10  those  established for other benefits within a  given  policy;  provided
    11  however,  the total amount that a covered person is required to pay out-
    12  of-pocket for such devices shall be capped at an amount  not  to  exceed
    13  one  hundred  dollars annually regardless   of the insured's deductible,
    14  copayment, coinsurance or any other cost-sharing  requirement.  For  the
    15  purposes  of  this  paragraph,  "epinephrine auto-injector device" shall
    16  have the same meaning as provided in paragraph (b) of subdivision one of
    17  section three thousand-c of the public health law.
    18    § 2. Subsection (k) of section 3221 of the insurance law is amended by
    19  adding a new paragraph 23 to read as follows:
    20    (23) Every group or blanket policy of accident  and  health  insurance
    21  delivered  or  issued  for delivery in this state which provides medical
    22  coverage that includes coverage for physician services in a  physician's
    23  office  and every policy which provides major medical or similar compre-
    24  hensive-type  coverage shall provide coverage for two  medically  neces-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10597-01-3
        S. 7114                             2

     1  sary  epinephrine  auto-injector  devices for the emergency treatment of
     2  life-threatening allergic reactions.  Such coverage may  be  subject  to
     3  annual  deductibles  and coinsurance as may be deemed appropriate by the
     4  superintendent  and  as are consistent with those  established for other
     5  benefits within a given policy; provided however, the total amount  that
     6  a covered person is required to pay out-of-pocket for such devices shall
     7  be  capped  at  an  amount  not  to  exceed one hundred dollars annually
     8  regardless  of the insured's deductible, copayment, coinsurance  or  any
     9  other  cost-sharing  requirement.    For the purposes of this paragraph,
    10  "epinephrine auto-injector  device"  shall  have  the  same  meaning  as
    11  provided in paragraph (b) of subdivision one of section three thousand-c
    12  of the public health law.
    13    §  3.  Section  4303  of  the insurance law is amended by adding a new
    14  subsection (vv) to read as follows:
    15    (vv) Every medical expense  indemnity  corporation,  hospital  service
    16  corporation and health service corporation which provides medical cover-
    17  age  that  includes  coverage  for  physician  services in a physician's
    18  office and every policy which provides major medical or similar  compre-
    19  hensive-type coverage shall provide coverage for two medically necessary
    20  epinephrine  auto-injector  devices for the emergency treatment of life-
    21  threatening allergic reactions.  Such coverage may be subject to  annual
    22  deductibles  and coinsurance  as may be deemed appropriate by the super-
    23  intendent and as are consistent with those established for  other  bene-
    24  fits  within  a  given policy; provided however, the total amount that a
    25  covered person is required to pay out-of-pocket for such  devices  shall
    26  be  capped  at  an  amount  not  to  exceed one hundred dollars annually
    27  regardless  of the insured's deductible, copayment, coinsurance  or  any
    28  other  cost-sharing  requirement.  For  the purposes of this subsection,
    29  "epinephrine auto-injector  device"  shall  have  the  same  meaning  as
    30  provided in paragraph (b) of subdivision one of section three thousand-c
    31  of the public health law.
    32    §  4.  This  act shall take effect on the ninetieth day after it shall
    33  have become a law, and shall apply to any contract or renewal or  exten-
    34  sion of contract dated after this act shall have become a law.