S T A T E O F N E W Y O R K
________________________________________________________________________
11628
I N A S S E M B L Y
July 29, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Yeger) --
read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring insurance
coverage for federal food and drug administration approved expanded
access to certain investigational medical products
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) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
COMPREHENSIVE TYPE COVERAGE SHALL INCLUDE COVERAGE FOR FEDERAL FOOD AND
DRUG ADMINISTRATION APPROVED EXPANDED ACCESS TO AN INVESTIGATIONAL
MEDICAL PRODUCT THAT HAS BEEN SHOWN TO BE EFFECTIVE, WITHOUT THE NEED
FOR ANY PRIOR AUTHORIZATION DETERMINATION.
§ 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 24 to read as follows:
(24) EVERY GROUP OR BLANKET POLICY THAT PROVIDES MEDICAL, MAJOR
MEDICAL, OR SIMILAR COMPREHENSIVE TYPE COVERAGE SHALL INCLUDE COVERAGE
FOR FEDERAL FOOD AND DRUG ADMINISTRATION APPROVED EXPANDED ACCESS TO AN
INVESTIGATIONAL MEDICAL PRODUCT THAT HAS BEEN SHOWN TO BE EFFECTIVE,
WITHOUT THE NEED FOR ANY PRIOR AUTHORIZATION DETERMINATION.
§ 3. Section 4303 of the insurance law is amended by adding a new
subsection (22) to read as follows:
(22) EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
HOSPITAL SERVICE CORPORATION, OR HEALTH SERVICE CORPORATION THAT
PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR COMPREHENSIVE TYPE COVERAGE
SHALL INCLUDE COVERAGE FOR FEDERAL FOOD AND DRUG ADMINISTRATION APPROVED
EXPANDED ACCESS TO AN INVESTIGATIONAL MEDICAL PRODUCT THAT HAS BEEN
SHOWN TO BE EFFECTIVE, WITHOUT THE NEED FOR ANY PRIOR AUTHORIZATION
DETERMINATION.
§ 4. This act shall take effect immediately and shall apply to all
policies and contracts issued, renewed, modified, altered or amended on
or after such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14857-02-6
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