S T A T E O F N E W Y O R K
________________________________________________________________________
21
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. MAGNARELLI, JONES, COOK, COLTON, SIMON, BARRETT,
DE LOS SANTOS, RAGA, BURDICK, EACHUS -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, in relation to coverage for children
for services related to the diagnosis and treatment of mental, nervous
or emotional disorders or ailments
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 THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE COVERAGE, SHALL PROVIDE COVERAGE FOR CHILDREN FOR
SERVICES RELATED TO THE DIAGNOSIS AND TREATMENT OF MENTAL, NERVOUS OR
EMOTIONAL DISORDERS OR AILMENTS, INCLUDING BUT NOT LIMITED TO BIOLOGI-
CALLY BASED MENTAL ILLNESSES AND CHILDREN WITH SERIOUS EMOTIONAL
DISTURBANCES, IN A PSYCHIATRIC CENTER UNDER THE JURISDICTION OF THE
OFFICE OF MENTAL HEALTH OR OTHER PSYCHIATRIC IN-PATIENT FACILITY IN THE
DEPARTMENT, AND A PSYCHIATRIC IN-PATIENT FACILITY MAINTAINED BY A POLI-
TICAL SUBDIVISION OF THE STATE FOR THE CARE OR TREATMENT OF THE MENTALLY
ILL. COVERAGE REQUIRED UNDER THIS PARAGRAPH MUST BE AT LEAST EQUAL TO
COVERAGE PROVIDED IN SUCH POLICY FOR THE DIAGNOSIS AND TREATMENT OF
MENTAL, NERVOUS OR EMOTIONAL DISORDERS OR AILMENTS WITH NO ADDITIONAL
COST SHARING.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "CHILDREN" SHALL MEAN
ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS.
§ 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 5-a to read as follows:
(5-A) (A) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE COVERAGE, SHALL PROVIDE COVERAGE FOR CHILDREN FOR
SERVICES RELATED TO THE DIAGNOSIS AND TREATMENT OF MENTAL, NERVOUS OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00321-01-5
A. 21 2
EMOTIONAL DISORDERS OR AILMENTS, INCLUDING BUT NOT LIMITED TO BIOLOGI-
CALLY BASED MENTAL ILLNESSES AND CHILDREN WITH SERIOUS EMOTIONAL
DISTURBANCES, IN A PSYCHIATRIC CENTER UNDER THE JURISDICTION OF THE
OFFICE OF MENTAL HEALTH OR OTHER PSYCHIATRIC IN-PATIENT FACILITY IN THE
DEPARTMENT, AND A PSYCHIATRIC IN-PATIENT FACILITY MAINTAINED BY A POLI-
TICAL SUBDIVISION OF THE STATE FOR THE CARE OR TREATMENT OF THE MENTALLY
ILL. COVERAGE REQUIRED UNDER THIS PARAGRAPH MUST BE AT LEAST EQUAL TO
COVERAGE PROVIDED IN SUCH POLICY FOR THE DIAGNOSIS AND TREATMENT OF
MENTAL, NERVOUS OR EMOTIONAL DISORDERS OR AILMENTS WITH NO ADDITIONAL
COST SHARING.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "CHILDREN" SHALL MEAN
ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS.
§ 3. Section 4303 of the insurance law is amended by adding a new
subsection (g-1) to read as follows:
(G-1) (1) EVERY CONTRACT THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMI-
LAR COMPREHENSIVE-TYPE COVERAGE, SHALL PROVIDE COVERAGE FOR CHILDREN FOR
SERVICES RELATED TO THE DIAGNOSIS AND TREATMENT OF MENTAL, NERVOUS OR
EMOTIONAL DISORDERS OR AILMENTS, INCLUDING BUT NOT LIMITED TO BIOLOGI-
CALLY BASED MENTAL ILLNESSES AND CHILDREN WITH SERIOUS EMOTIONAL
DISTURBANCES, IN A PSYCHIATRIC CENTER UNDER THE JURISDICTION OF THE
OFFICE OF MENTAL HEALTH OR OTHER PSYCHIATRIC IN-PATIENT FACILITY IN THE
DEPARTMENT, AND A PSYCHIATRIC IN-PATIENT FACILITY MAINTAINED BY A POLI-
TICAL SUBDIVISION OF THE STATE FOR THE CARE OR TREATMENT OF THE MENTALLY
ILL. COVERAGE REQUIRED UNDER THIS PARAGRAPH MUST BE AT LEAST EQUAL TO
COVERAGE PROVIDED IN SUCH POLICY FOR THE DIAGNOSIS AND TREATMENT OF
MENTAL, NERVOUS OR EMOTIONAL DISORDERS OR AILMENTS WITH NO ADDITIONAL
COST SHARING.
(2) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM "CHILDREN" SHALL
MEAN ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS.
§ 4. This act shall take effect immediately and shall apply to any
policy issued, delivered, renewed, and/or modified on or after the
effective date of this act.