The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3324
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M. of A. EPSTEIN, PICHARDO, RICHARDSON, JACOBSON -- read
   once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance  law,  in  relation  to  requiring  health
   insurance  plans  to  provide coverage for epi-pens for individuals 18
   years old and younger

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
 amended by adding a new paragraph 36 to read as follows:
   (36) EVERY INSURER ISSUING A POLICY OF ACCIDENT AND  HEALTH  INSURANCE
 DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE SHALL MAKE AVAILABLE AND,
 IF  REQUESTED  BY  THE  INSURED, PROVIDE COVERAGE OF MEDICALLY NECESSARY
 EPINEPHRINE AUTO-INJECTOR DEVICES FOR  ANY  INSURED  INDIVIDUAL  WHO  IS
 EIGHTEEN  YEARS  OLD  OR  YOUNGER.  FOR  THE PURPOSES OF THIS PARAGRAPH,
 "EPINEPHRINE AUTO-INJECTOR  DEVICE"  SHALL  HAVE  THE  SAME  MEANING  AS
 PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C
 OF THE PUBLIC HEALTH LAW.
   § 2. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22)  EVERY  GROUP  OR BLANKET POLICY OF ACCIDENT AND HEALTH INSURANCE
 DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE WHICH PROVIDES  HOSPITAL,
 SURGICAL  OR  MEDICAL COVERAGE SHALL MAKE AVAILABLE AND, IF REQUESTED BY
 THE INSURED, PROVIDE COVERAGE OF MEDICALLY NECESSARY  EPINEPHRINE  AUTO-
 INJECTOR DEVICES FOR ANY INSURED INDIVIDUAL WHO IS EIGHTEEN YEARS OLD OR
 YOUNGER.  FOR THE PURPOSES OF THIS PARAGRAPH, "EPINEPHRINE AUTO-INJECTOR
 DEVICE" SHALL HAVE THE SAME MEANING AS  PROVIDED  IN  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ss) to read as follows:
   (SS) EVERY MEDICAL EXPENSE  INDEMNITY  CORPORATION,  HOSPITAL  SERVICE
 CORPORATION  AND  HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02139-01-1

 A. 3324                             2
 
 MEDICAL, SURGICAL OR MAJOR MEDICAL CARE SHALL  MAKE  AVAILABLE  AND,  IF
 REQUESTED BY THE COVERED PERSON, PROVIDE COVERAGE OF MEDICALLY NECESSARY
 EPINEPHRINE  AUTO-INJECTOR  DEVICES  FOR  ANY  INSURED INDIVIDUAL WHO IS
 EIGHTEEN  YEARS  OLD  OR  YOUNGER.  FOR THE PURPOSES OF THIS SUBSECTION,
 "EPINEPHRINE AUTO-INJECTOR  DEVICE"  SHALL  HAVE  THE  SAME  MEANING  AS
 PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C
 OF THE PUBLIC HEALTH LAW.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law, and shall apply to any contract or renewal or  exten-
 sion of contract dated after this act shall have become a law.