S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1963
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES, MITAYNES, EPSTEIN, TAYLOR, GONZALEZ-RO-
   JAS, JACOBSON, SIMON, DAVILA, JACKSON -- read once and referred to the
   Committee on Insurance
 
 AN ACT to amend the public health law, in relation to universal  newborn
   nurse  home visiting services; to amend the insurance law, in relation
   to requiring health insurance coverage  for  universal  newborn  nurse
   home  visiting services; authorizing the department of health to apply
   for certain waivers; and directing  the  superintendent  of  financial
   services  to require an insurer, health carrier or health benefit plan
   to notify enrollees annually of universal newborn nurse home  visiting
   services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2500-n to read as follows:
   §  2500-N.  UNIVERSAL NEWBORN NURSE HOME VISITING SERVICES. 1. AS USED
 IN THIS SECTION, "COMMUNITY" MEANS A GEOGRAPHIC REGION, COUNTY, TRIBE OR
 OTHER GROUP OF INDIVIDUALS LIVING IN PROXIMITY AS DEFINED BY THE DEPART-
 MENT BY RULE.
   2. (A) THE COMMISSIONER SHALL DESIGN, IMPLEMENT AND MAINTAIN A  VOLUN-
 TARY  STATEWIDE PROGRAM TO PROVIDE UNIVERSAL NEWBORN NURSE HOME VISITING
 SERVICES TO ALL FAMILIES WITH NEWBORNS RESIDING IN THIS STATE TO SUPPORT
 HEALTHY CHILD DEVELOPMENT  AND  STRENGTHEN  FAMILIES.  THE  COMMISSIONER
 SHALL  DESIGN  THE  UNIVERSAL  NEWBORN NURSE HOME VISITING PROGRAM TO BE
 FLEXIBLE SO AS TO MEET THE NEEDS OF THE COMMUNITIES  WHERE  THE  PROGRAM
 OPERATES.
   (B) IN DESIGNING THE PROGRAM DESCRIBED IN PARAGRAPH (A) OF THIS SUBDI-
 VISION,  THE  COMMISSIONER SHALL CONSULT, COORDINATE AND COLLABORATE, AS
 NECESSARY, WITH INSURERS THAT OFFER HEALTH BENEFIT PLANS IN THIS  STATE,
 HOSPITALS,  LOCAL  PUBLIC  HEALTH  AUTHORITIES,  THE  EARLY INTERVENTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04521-01-5
 A. 1963                             2
              
             
                          
                 
 PROGRAM, EXISTING EARLY CHILDHOOD  HOME  VISITING  PROGRAMS,  COMMUNITY-
 BASED ORGANIZATIONS AND SOCIAL SERVICE PROVIDERS.
   3. THE PROGRAM SHALL PROVIDE NURSE HOME VISITING SERVICES THAT ARE:
   (A)  BASED  ON CRITERIA ESTABLISHED BY THE UNITED STATES DEPARTMENT OF
 HEALTH AND HUMAN SERVICES FOR AN  EVIDENCE-BASED  EARLY  CHILDHOOD  HOME
 VISITING SERVICE DELIVERY MODEL;
   (B)  PROVIDED  BY REGISTERED NURSES LICENSED IN THIS STATE TO FAMILIES
 CARING FOR NEWBORNS UP TO THE AGE OF SIX MONTHS,  INCLUDING  FOSTER  AND
 ADOPTIVE NEWBORNS;
   (C) PROVIDED IN THE FAMILY'S HOME; AND
   (D)  AIMED  AT  IMPROVING  OUTCOMES  IN  ONE  OR MORE OF THE FOLLOWING
 DOMAINS:
   (I) CHILD HEALTH;
   (II) CHILD DEVELOPMENT AND SCHOOL READINESS;
   (III) FAMILY ECONOMIC SELF-SUFFICIENCY;
   (IV) BIRTH PARENT HEALTH;
   (V) POSITIVE PARENTING;
   (VI) REDUCING CHILD MISTREATMENT;
   (VII) REDUCING JUVENILE DELINQUENCY;
   (VIII) REDUCING FAMILY VIOLENCE; OR
   (IX) REDUCING CRIME.
   4. THE SERVICES PROVIDED IN THE PROGRAM MUST:
   (A) BE VOLUNTARY AND CARRY NO NEGATIVE CONSEQUENCES FOR A FAMILY  THAT
 DECLINES TO PARTICIPATE;
   (B) BE OFFERED IN EVERY COMMUNITY IN THIS STATE;
   (C)  INCLUDE  AN EVIDENCE-BASED ASSESSMENT OF THE PHYSICAL, SOCIAL AND
 EMOTIONAL FACTORS AFFECTING THE FAMILY;
   (D) BE OFFERED TO ALL FAMILIES WITH NEWBORNS RESIDING IN THE COMMUNITY
 WHERE THE PROGRAM OPERATES;
   (E) INCLUDE AT LEAST ONE VISIT DURING A NEWBORN'S FIRST  THREE  MONTHS
 OF  LIFE WITH THE OPPORTUNITY FOR THE FAMILY TO CHOOSE UP TO THREE ADDI-
 TIONAL VISITS;
   (F) INCLUDE A FOLLOW-UP VISIT NO LATER THAN  THREE  MONTHS  AFTER  THE
 LAST VISIT; AND
   (G) PROVIDE INFORMATION AND REFERRALS TO ADDRESS EACH FAMILY'S IDENTI-
 FIED NEEDS.
   5.  THE  AUTHORITY  SHALL  COLLECT  AND  ANALYZE DATA GENERATED BY THE
 PROGRAM TO ASSESS THE EFFECTIVENESS OF THE PROGRAM IN MEETING  THE  AIMS
 DESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION THREE OF THIS SECTION AND
 SHALL WORK WITH OTHER STATE AGENCIES TO DEVELOP  PROTOCOLS  FOR  SHARING
 DATA,  INCLUDING  THE TIMELY SHARING OF DATA WITH PRIMARY CARE PROVIDERS
 OF CARE TO THE FAMILIES WITH NEWBORNS RECEIVING THE SERVICES.
   6.   THE  COMMISSIONER  SHALL  ADOPT  BY  RULE,  CONSISTENT  WITH  THE
 PROVISIONS  OF  THIS  SECTION, CRITERIA FOR UNIVERSAL NEWBORN NURSE HOME
 VISITING SERVICES THAT MUST BE COVERED BY HEALTH BENEFIT PLANS.
   § 2. 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  HOSPITAL,  SURGICAL  OR  MEDICAL
 COVERAGE  SHALL PROVIDE COVERAGE FOR UNIVERSAL NEWBORN NURSE HOME VISIT-
 ING SERVICES AS PRESCRIBED BY THE DEPARTMENT OF  HEALTH  BY  RULE  UNDER
 SECTION  TWENTY-FIVE  HUNDRED-L  OF THE PUBLIC HEALTH LAW.  THE COVERAGE
 MUST BE PROVIDED WITHOUT ANY  COST-SHARING,  COINSURANCE  OR  DEDUCTIBLE
 APPLICABLE TO THE SERVICES.
   (B) INSURERS MUST OFFER UNIVERSAL NEWBORN NURSE HOME VISITING SERVICES
 IN  THEIR HEALTH BENEFIT PLANS BUT AN INDIVIDUAL ENROLLED IN THE PLAN IS
 A. 1963                             3
 
 NOT REQUIRED TO RECEIVE THE SERVICES AS A CONDITION OF COVERAGE AND  MAY
 NOT BE PENALIZED OR IN ANY WAY DISCOURAGED FROM DECLINING THE SERVICES.
   (C)  AN  INSURER  MUST NOTIFY AN INDIVIDUAL ENROLLED IN THE PLAN ABOUT
 THE UNIVERSAL NEWBORN NURSE HOME VISITING SERVICES WHENEVER  SUCH  INDI-
 VIDUAL ADDS A NEWBORN TO COVERAGE UNDER THE PLAN.
   (D) AN INSURER MAY USE IN-NETWORK PROVIDERS OR MAY CONTRACT WITH LOCAL
 PUBLIC HEALTH AUTHORITIES TO PROVIDE THE SERVICES.
   (E)  THIS  PARAGRAPH DOES NOT REQUIRE AN INSURER TO REIMBURSE THE COST
 OF THE SERVICES IN ANY SPECIFIC MANNER. THE SERVICES MAY  BE  REIMBURSED
 USING:
   (I) A VALUE-BASED PAYMENT METHODOLOGY;
   (II) A CLAIM INVOICING PROCESS;
   (III) CAPITATED PAYMENTS;
   (IV)  A  PAYMENT  METHODOLOGY  THAT  TAKES INTO ACCOUNT THE NEED FOR A
 COMMUNITY-BASED ENTITY PROVIDING THE SERVICES TO EXPAND ITS CAPACITY  TO
 PROVIDE THE SERVICES AND ADDRESS HEALTH DISPARITIES; OR
   (V) ANY OTHER METHODOLOGY AGREED TO BY THE INSURER AND THE PROVIDER OF
 THE SERVICES.
   (F)  INSURERS  SHALL REPORT TO THE DEPARTMENT OF PUBLIC HEALTH, IN THE
 FORM AND MANNER PRESCRIBED BY THE  DEPARTMENT  OF  PUBLIC  HEALTH,  DATA
 REGARDING  CLAIMS SUBMITTED FOR SERVICES COVERED UNDER THIS PARAGRAPH TO
 MONITOR THE PROVISION OF  THE  UNIVERSAL  NEWBORN  NURSE  HOME  VISITING
 SERVICES.
   § 3. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 24 to read as follows:
   (24)(A)  EVERY GROUP  OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIV-
 ERY IN THIS STATE WHICH   PROVIDES   HOSPITAL,   SURGICAL   OR   MEDICAL
 COVERAGE  SHALL INCLUDE COVERAGE FOR UNIVERSAL NEWBORN NURSE HOME VISIT-
 ING SERVICES AS PRESCRIBED BY THE DEPARTMENT OF  HEALTH  BY  RULE  UNDER
 SECTION  TWENTY-FIVE  HUNDRED-L  OF THE PUBLIC HEALTH LAW.  THE COVERAGE
 MUST BE PROVIDED WITHOUT ANY  COST-SHARING,  COINSURANCE  OR  DEDUCTIBLE
 APPLICABLE TO THE SERVICES.
   (B) INSURERS MUST OFFER UNIVERSAL NEWBORN NURSE HOME VISITING SERVICES
 IN  THEIR HEALTH BENEFIT PLANS BUT AN INDIVIDUAL ENROLLED IN THE PLAN IS
 NOT REQUIRED TO RECEIVE THE SERVICES AS A CONDITION OF COVERAGE AND  MAY
 NOT BE PENALIZED OR IN ANY WAY DISCOURAGED FROM DECLINING THE SERVICES.
   (C)  AN  INSURER  MUST NOTIFY AN INDIVIDUAL ENROLLED IN THE PLAN ABOUT
 THE UNIVERSAL NEWBORN NURSE HOME VISITING SERVICES WHENEVER  SUCH  INDI-
 VIDUAL ADDS A NEWBORN TO COVERAGE UNDER THE PLAN.
   (D) AN INSURER MAY USE IN-NETWORK PROVIDERS OR MAY CONTRACT WITH LOCAL
 PUBLIC HEALTH AUTHORITIES TO PROVIDE THE SERVICES.
   (E)  THIS  PARAGRAPH DOES NOT REQUIRE AN INSURER TO REIMBURSE THE COST
 OF THE SERVICES IN ANY SPECIFIC MANNER. THE SERVICES MAY  BE  REIMBURSED
 USING:
   (I) A VALUE-BASED PAYMENT METHODOLOGY;
   (II) A CLAIM INVOICING PROCESS;
   (III) CAPITATED PAYMENTS;
   (IV)  A  PAYMENT  METHODOLOGY  THAT  TAKES INTO ACCOUNT THE NEED FOR A
 COMMUNITY-BASED ENTITY PROVIDING THE SERVICES TO EXPAND ITS CAPACITY  TO
 PROVIDE THE SERVICES AND ADDRESS HEALTH DISPARITIES; OR
   (V) ANY OTHER METHODOLOGY AGREED TO BY THE INSURER AND THE PROVIDER OF
 THE SERVICES.
   (F)  INSURERS  SHALL REPORT TO THE DEPARTMENT OF PUBLIC HEALTH, IN THE
 FORM AND MANNER PRESCRIBED BY THE  DEPARTMENT  OF  PUBLIC  HEALTH,  DATA
 REGARDING  CLAIMS SUBMITTED FOR SERVICES COVERED UNDER THIS PARAGRAPH TO
 A. 1963                             4
 
 MONITOR THE PROVISION OF  THE  UNIVERSAL  NEWBORN  NURSE  HOME  VISITING
 SERVICES.
   §  4.  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, A HOSPITAL SERVICE
 CORPORATION OR A HEALTH SERVICE CORPORATION THAT PROVIDES  COVERAGE  FOR
 HOSPITAL, SURGICAL OR MEDICAL CARE SHALL INCLUDE COVERAGE FOR  UNIVERSAL
 NEWBORN  NURSE HOME VISITING SERVICES AS PRESCRIBED BY THE DEPARTMENT OF
 HEALTH BY RULE UNDER SECTION TWENTY-FIVE HUNDRED-L OF THE PUBLIC  HEALTH
 LAW. THE COVERAGE MUST BE PROVIDED WITHOUT ANY COST-SHARING, COINSURANCE
 OR DEDUCTIBLE APPLICABLE TO THE SERVICES.
   (2) INSURERS MUST OFFER UNIVERSAL NEWBORN NURSE HOME VISITING SERVICES
 IN  THEIR HEALTH BENEFIT PLANS BUT AN INDIVIDUAL ENROLLED IN THE PLAN IS
 NOT REQUIRED TO RECEIVE THE SERVICES AS A CONDITION OF COVERAGE AND  MAY
 NOT BE PENALIZED OR IN ANY WAY DISCOURAGED FROM DECLINING THE SERVICES.
   (3)  AN  INSURER  MUST NOTIFY AN INDIVIDUAL ENROLLED IN THE PLAN ABOUT
 THE UNIVERSAL NEWBORN NURSE HOME VISITING SERVICES WHENEVER  SUCH  INDI-
 VIDUAL ADDS A NEWBORN TO COVERAGE UNDER THE PLAN.
   (4) AN INSURER MAY USE IN-NETWORK PROVIDERS OR MAY CONTRACT WITH LOCAL
 PUBLIC HEALTH AUTHORITIES TO PROVIDE THE SERVICES.
   (5)  THIS  PARAGRAPH DOES NOT REQUIRE AN INSURER TO REIMBURSE THE COST
 OF THE SERVICES IN ANY SPECIFIC MANNER. THE SERVICES MAY  BE  REIMBURSED
 USING:
   (A) A VALUE-BASED PAYMENT METHODOLOGY;
   (B) A CLAIM INVOICING PROCESS;
   (C) CAPITATED PAYMENTS;
   (D)  A  PAYMENT  METHODOLOGY  THAT  TAKES  INTO ACCOUNT THE NEED FOR A
 COMMUNITY-BASED ENTITY PROVIDING THE SERVICES TO EXPAND ITS CAPACITY  TO
 PROVIDE THE SERVICES AND ADDRESS HEALTH DISPARITIES; OR
   (E) ANY OTHER METHODOLOGY AGREED TO BY THE INSURER AND THE PROVIDER OF
 THE SERVICES.
   (6)  INSURERS  SHALL REPORT TO THE DEPARTMENT OF PUBLIC HEALTH, IN THE
 FORM AND MANNER PRESCRIBED BY THE  DEPARTMENT  OF  PUBLIC  HEALTH,  DATA
 REGARDING  CLAIMS SUBMITTED FOR SERVICES COVERED UNDER THIS PARAGRAPH TO
 MONITOR THE PROVISION OF  THE  UNIVERSAL  NEWBORN  NURSE  HOME  VISITING
 SERVICES.
   §  5.  The  department  of health may request a waiver for state inno-
 vation under 42 U.S.C. 18052 to obtain federal  financial  participation
 in  the  cost of services provided under sections two, three and four of
 this act.
   § 6. The superintendent of financial services shall require an  insur-
 er,  health  carrier or health benefit plan to notify enrollees annually
 of universal newborn nurse home visiting services covered by such enrol-
 lees' health benefit plan. The notice shall be delivered by mail  unless
 the enrollee and health carrier have agreed on another method of notifi-
 cation.  The  superintendent  of  financial  services  is  authorized to
 promulgate necessary rules and regulations for the purposes of providing
 such notification.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  and  shall  apply to any policy issued, delivered,
 renewed, and/or modified on or after the effective  date  of  this  act.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.