S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    128
 
                        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 -- read once and referred to the Committee on Insurance
 
 AN  ACT to amend the insurance law, in relation to requiring coverage of
   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 40 to read as follows:
   (40) (A) EVERY POLICY WHICH PROVIDES MEDICAL  COVERAGE  THAT  INCLUDES
 COVERAGE FOR PHYSICIAN SERVICES IN A PHYSICIAN'S OFFICE AND EVERY POLICY
 WHICH  PROVIDES  MAJOR  MEDICAL  OR  SIMILAR COMPREHENSIVE-TYPE COVERAGE
 SHALL INCLUDE COVERAGE FOR INHALERS  FOR  THE  TREATMENT  OF  ASTHMA  IF
 RECOMMENDED  OR  PRESCRIBED BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE
 PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCA-
 TION LAW.
   (B) SUCH COVERAGE SHALL NOT BE SUBJECT  TO  A  DEDUCTIBLE,  COPAYMENT,
 COINSURANCE OR ANY OTHER COST-SHARING REQUIREMENT.
   § 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
 COVERAGE  THAT INCLUDES COVERAGE FOR PHYSICIAN SERVICES IN A PHYSICIAN'S
 OFFICE AND EVERY POLICY WHICH PROVIDES MAJOR MEDICAL OR SIMILAR  COMPRE-
 HENSIVE-TYPE COVERAGE SHALL INCLUDE COVERAGE FOR INHALERS FOR THE TREAT-
 MENT  OF  ASTHMA  IF  RECOMMENDED  OR PRESCRIBED BY A PHYSICIAN OR OTHER
 LICENSED HEALTH CARE PROVIDER  LEGALLY  AUTHORIZED  TO  PRESCRIBE  UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   (B)  SUCH  COVERAGE  SHALL  NOT BE SUBJECT TO A DEDUCTIBLE, COPAYMENT,
 COINSURANCE OR ANY OTHER COST-SHARING REQUIREMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00983-01-5
 A. 128                              2
 
   § 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 COVERAGE THAT INCLUDES  COVERAGE  FOR
 PHYSICIAN  SERVICES  IN  A  PHYSICIAN'S  OFFICE  AND  EVERY POLICY WHICH
 PROVIDES MAJOR MEDICAL  OR  SIMILAR  COMPREHENSIVE-TYPE  COVERAGE  SHALL
 INCLUDE COVERAGE FOR INHALERS FOR THE TREATMENT OF ASTHMA IF RECOMMENDED
 OR  PRESCRIBED  BY  A  PHYSICIAN  OR OTHER LICENSED HEALTH CARE PROVIDER
 LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW.
   (2) SUCH COVERAGE SHALL NOT BE SUBJECT  TO  A  DEDUCTIBLE,  COPAYMENT,
 COINSURANCE OR ANY OTHER COST-SHARING REQUIREMENT.
   §  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.