S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  128--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. GONZALEZ-ROJAS, PAULIN, SAYEGH, EPSTEIN, HEVESI,
   SHRESTHA, SIMON, JACKSON, ZACCARO,  LUNSFORD,  DAVILA,  DE LOS SANTOS,
   MAMDANI,  RAGA,  SHIMSKY,  LASHER, TORRES, SIMONE, SOLAGES, LEVENBERG,
   BICHOTTE HERMELYN, STECK, CLARK, ROZIC, KAY,  P. CARROLL,  CUNNINGHAM,
   GALLAGHER,  DINOWITZ,  BURROUGHS,  DAIS, REYES, HOOKS, FORREST, RAMOS,
   KASSAY -- read once and referred to  the  Committee  on  Insurance  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the insurance law, in relation to requiring coverage  of
   certain asthma inhalers at no cost
 
   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 41 to read as follows:
   (41) (A) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
 COMPREHENSIVE-TYPE COVERAGE AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
 SHALL  INCLUDE  COVERAGE  FOR  INHALERS  FOR  THE TREATMENT OF ASTHMA IF
 PRESCRIBED BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER LEGALLY
 AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
   (B) COVERAGE SHALL BE PROVIDED FOR ONE FORM OF RESCUE AND ONE FORM  OF
 MAINTENANCE  INHALER  THAT  SHALL NOT BE SUBJECT TO A DEDUCTIBLE, COPAY-
 MENT, COINSURANCE OR ANY OTHER COST-SHARING REQUIREMENT.
   (C) IF THE POLICY IS A HIGH  DEDUCTIBLE  HEALTH  PLAN  AS  DEFINED  IN
 SECTION  223(C)(2)  OF  THE INTERNAL REVENUE CODE OF 1986, SUCH COVERAGE
 MAY BE SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE IF  APPLICATION  OF  THIS
 REQUIREMENT WOULD RESULT IN INELIGIBILITY FOR A HEALTH SAVINGS ACCOUNT.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 23 to read as follows:
   (23)  (A)  EVERY GROUP OR BLANKET ACCIDENT AND HEALTH INSURANCE POLICY
 ISSUED OR ISSUED FOR DELIVERY IN  THIS  STATE  WHICH  PROVIDES  MEDICAL,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00983-04-5
 A. 128--A                           2
 
 MAJOR MEDICAL OR SIMILAR COMPREHENSIVE-TYPE COVERAGE AND PROVIDES COVER-
 AGE  FOR  PRESCRIPTION DRUGS SHALL INCLUDE COVERAGE FOR INHALERS FOR THE
 TREATMENT OF ASTHMA IF PRESCRIBED  BY  A  PHYSICIAN  OR  OTHER  LICENSED
 HEALTH  CARE  PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT
 OF THE EDUCATION LAW.
   (B) COVERAGE SHALL BE PROVIDED FOR ONE FORM OF RESCUE AND ONE FORM  OF
 MAINTENANCE  INHALER  THAT  SHALL NOT BE SUBJECT TO A DEDUCTIBLE, COPAY-
 MENT, COINSURANCE OR ANY OTHER COST-SHARING REQUIREMENT.
   (C) IF THE POLICY IS A HIGH  DEDUCTIBLE  HEALTH  PLAN  AS  DEFINED  IN
 SECTION  223(C)(2)  OF  THE INTERNAL REVENUE CODE OF 1986, SUCH COVERAGE
 MAY BE SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE IF  APPLICATION  OF  THIS
 REQUIREMENT WOULD RESULT IN INELIGIBILITY FOR A HEALTH SAVINGS ACCOUNT.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ww) to read as follows:
   (WW) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION OR A  HEALTH  SERVICE
 CORPORATION  WHICH PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR COMPREHEN-
 SIVE-TYPE COVERAGE AND PROVIDES COVERAGE FOR  PRESCRIPTION  DRUGS  SHALL
 INCLUDE  COVERAGE FOR INHALERS FOR THE TREATMENT OF ASTHMA IF PRESCRIBED
 BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER LEGALLY AUTHORIZED
 TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
   (2) COVERAGE SHALL BE PROVIDED FOR ONE FORM OF RESCUE AND ONE FORM  OF
 MAINTENANCE  INHALER  THAT  SHALL NOT BE SUBJECT TO A DEDUCTIBLE, COPAY-
 MENT, COINSURANCE OR ANY OTHER COST-SHARING REQUIREMENT.
   (3) IF THE POLICY IS A HIGH  DEDUCTIBLE  HEALTH  PLAN  AS  DEFINED  IN
 SECTION  223(C)(2)  OF  THE INTERNAL REVENUE CODE OF 1986, SUCH COVERAGE
 MAY BE SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE IF  APPLICATION  OF  THIS
 REQUIREMENT WOULD RESULT IN INELIGIBILITY FOR A HEALTH SAVINGS ACCOUNT.
   § 4. This act shall take effect January 1, 2027 and shall apply to all
 policies and contracts issued, renewed, modified, altered, or amended on
 or after such date.