Assembly Bill A10211

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10211
 
                           I N  A S S E M B L Y
 
                             February 12, 2026
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to  amend  the  insurance  law  and the social services law, in
   relation to insurance coverage for testing for PFAS levels in blood
 
   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 42 to read as follows:
   (42) (A) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL, OR  SIMI-
 LAR  COMPREHENSIVE-TYPE  COVERAGE  SHALL PROVIDE COVERAGE FOR TESTING OF
 PFAS LEVELS IN BLOOD IF ORDERED BY A PHYSICIAN OR OTHER LICENSED  HEALTH
 CARE PROVIDER LEGALLY AUTHORIZED TO ORDER SUCH TESTING UNDER TITLE EIGHT
 OF THE EDUCATION LAW.
   (B)  FOR  THE  PURPOSES OF THIS PARAGRAPH, "PFAS" MEANS PERFLUOROALKYL
 AND POLYFLUOROALKYL SUBSTANCES.
   § 2. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 24 to read as follows:
   (24) (A) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL, OR  SIMI-
 LAR  COMPREHENSIVE-TYPE  COVERAGE  SHALL PROVIDE COVERAGE FOR TESTING OF
 PFAS LEVELS IN BLOOD IF ORDERED BY A PHYSICIAN OR OTHER LICENSED  HEALTH
 CARE PROVIDER LEGALLY AUTHORIZED TO ORDER SUCH TESTING UNDER TITLE EIGHT
 OF THE EDUCATION LAW.
   (B)  FOR  THE  PURPOSES OF THIS PARAGRAPH, "PFAS" MEANS PERFLUOROALKYL
 AND POLYFLUOROALKYL SUBSTANCES.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (xx) to read as follows:
   (XX)  (A)  A MEDICAL EXPENSE INDEMNITY CORPORATION OR A HEALTH SERVICE
 CORPORATION WHICH PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR  COMPREHEN-
 SIVE-TYPE  COVERAGE SHALL INCLUDE COVERAGE FOR TESTING OF PFAS LEVELS IN
 BLOOD IF ORDERED BY A PHYSICIAN OR OTHER LICENSED HEALTH  CARE  PROVIDER
 LEGALLY AUTHORIZED TO ORDER SUCH TESTING UNDER TITLE EIGHT OF THE EDUCA-
 TION LAW.
   (B)  FOR  THE  PURPOSES OF THIS PARAGRAPH, "PFAS" MEANS PERFLUOROALKYL
 AND POLYFLUOROALKYL SUBSTANCES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14314-01-5
 A. 10211                            2
 
   § 4. Subdivision 2 of section 365-a of  the  social  services  law  is
 amended by adding a new paragraph (oo) to read as follows:
   (OO)  (I)  (1) MEDICAL ASSISTANCE SHALL INCLUDE TESTING OF PFAS LEVELS
 IN BLOOD IF ORDERED BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVID-
 ER LEGALLY AUTHORIZED TO ORDER SUCH TESTING UNDER  TITLE  EIGHT  OF  THE
 EDUCATION LAW.
   (2)  FOR  THE  PURPOSES OF THIS PARAGRAPH, "PFAS" MEANS PERFLUOROALKYL
 AND POLYFLUOROALKYL SUBSTANCES.
   (II) IN THE EVENT THAT FEDERAL FINANCIAL PARTICIPATION FOR SUCH  TEST-
 ING  OF  PFAS  IN  BLOOD  IS NOT AVAILABLE, MEDICAL ASSISTANCE SHALL NOT
 INCLUDE COVERAGE OF THESE SERVICES.
   § 5. This act shall take effect the first of January  next  succeeding
 the  date  on  which  it  shall have become a law and shall apply to all
 policies and contracts issued, renewed, modified, altered or amended  on
 or after such effective date.