S T A T E O F N E W Y O R K
________________________________________________________________________
4141--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 10, 2023
___________
Introduced by M. of A. FORREST, RAGA, GALLAGHER, SHRESTHA, GONZALEZ-RO-
JAS, ARDILA, ALVAREZ, DARLING, AUBRY, SIMON, COLTON, BURDICK, MAMDANI,
CHANDLER-WATERMAN, MITAYNES, MEEKS, STECK, KELLES, BLUMENCRANZ, DeSTE-
FANO, WALKER, SEPTIMO, TAPIA, TAYLOR, THIELE, ANDERSON, TAGUE,
BENDETT, HYNDMAN, DICKENS, DURSO, SIMONE, EPSTEIN, CRUZ, DAVILA, COOK,
SHIMSKY, LUNSFORD, BORES, CURRAN, LEVENBERG, FLOOD, MAHER, JACOBSON,
BURGOS, HUNTER, CUNNINGHAM, RAJKUMAR, CARROLL, SANTABARBARA, JACKSON,
CLARK, REYES -- read once and referred to the Committee on Insurance
-- recommitted to the Committee on Insurance in accordance with Assem-
bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law, in relation to prohibiting cost shar-
ing for insulin
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (B) of paragraph 15-a of subsection (i) of
section 3216 of the insurance law, as amended by section 1 of part DDD
of chapter 56 of the laws of 2020, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
of the insurance law, as amended by section 2 of part DDD of chapter 56
of the laws of 2020, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02649-03-4
A. 4141--A 2
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 3. Paragraph 2 of subsection (u) of section 4303 of the insurance
law, as amended by section 3 of part DDD of chapter 56 of the laws of
2020, is amended to read as follows:
(2) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
provided however, [the total amount] that [a covered person is required
to pay out of pocket for] covered prescription insulin drugs shall [be
capped at an amount not to exceed one hundred dollars per thirty-day
supply, regardless of the amount or type of insulin needed to fill such
covered person's prescription and regardless of the insured's] NOT BE
SUBJECT TO A deductible, copayment, coinsurance or any other cost shar-
ing requirement.
§ 4. This act shall take effect January 1, 2025 and shall apply to any
policy or contract issued, renewed, modified, altered, or amended on or
after such date.