Assembly Bill A128A

2025-2026 Legislative Session

Requires insurance coverage for inhalers at no cost

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2025-A128 - Details

See Senate Version of this Bill:
S1804
Current Committee:
Assembly Rules
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2023-2024 Legislative Session:
A10692, S9906

2025-A128 - Summary

Requires insurance coverage for one rescue and one maintenance inhaler at no cost.

2025-A128 - Bill Text download pdf

                             
                     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.
              

co-Sponsors

2025-A128A (ACTIVE) - Details

See Senate Version of this Bill:
S1804
Current Committee:
Assembly Rules
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2023-2024 Legislative Session:
A10692, S9906

2025-A128A (ACTIVE) - Summary

Requires insurance coverage for one rescue and one maintenance inhaler at no cost.

2025-A128A (ACTIVE) - Bill Text download pdf

                             
                     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.
              

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