S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  771--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. ROSENTHAL, COOK -- 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  and the social services law, in
   relation to requiring coverage  for  early  egg  and  peanut  allergen
   introduction dietary supplements
 
   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) FOR PURPOSES OF THIS PARAGRAPH:
   (I)  "DIETARY  SUPPLEMENT"  SHALL  HAVE THE SAME MEANING AS IN SECTION
 THREE HUNDRED TWENTY-ONE OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
   (II) "EARLY EGG ALLERGEN  INTRODUCTION  DIETARY  SUPPLEMENT"  MEANS  A
 DIETARY  SUPPLEMENT  THAT  IS  PRESCRIBED  TO AN INFANT BY A HEALTH CARE
 PRACTITIONER AND CONTAINS SUFFICIENT INFANT-SAFE, WELL-COOKED EGG PROTE-
 IN TO REDUCE THE RISK OF FOOD ALLERGIES.
   (III) "EARLY PEANUT ALLERGEN INTRODUCTION DIETARY SUPPLEMENT" MEANS  A
 DIETARY  SUPPLEMENT  THAT  IS  PRESCRIBED  TO AN INFANT BY A HEALTH CARE
 PRACTITIONER AND  CONTAINS  SUFFICIENT  INFANT-SAFE  PEANUT  PROTEIN  TO
 REDUCE THE RISK OF FOOD ALLERGIES.
   (IV)  "HEALTH  CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED, CERTI-
 FIED OR OTHERWISE AUTHORIZED TO  PRACTICE,  AND  LEGALLY  AUTHORIZED  TO
 PRESCRIBE, UNDER TITLE EIGHT OF THE EDUCATION LAW.
   (V) "INFANT" MEANS A CHILD WHO HAS NOT ATTAINED THE AGE OF ONE YEAR.
   (B)  (I)  ALL  INDIVIDUAL  HEALTH  INSURANCE  POLICIES,  CONTRACTS, OR
 CERTIFICATES THAT ARE DELIVERED, ISSUED FOR DELIVERY, RENEWED,  EXTENDED
 OR  MODIFIED  IN  THIS  STATE SHALL PROVIDE COVERAGE FOR AT LEAST ONE OF
 EACH OF THE FOLLOWING:
   (1) AN EARLY EGG ALLERGEN INTRODUCTION DIETARY SUPPLEMENT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02568-03-5
 A. 771--A                           2
 
   (2) AN EARLY PEANUT ALLERGEN INTRODUCTION DIETARY SUPPLEMENT.
   (II)  THE  COVERAGE REQUIRED PURSUANT TO ITEM (I) OF THIS SUBPARAGRAPH
 SHALL BE PROVIDED AT NO COST TO A COVERED INDIVIDUAL, INCLUDING  DEDUCT-
 IBLE PAYMENTS AND COST-SHARING AMOUNTS CHARGED ONCE A DEDUCTIBLE IS MET.
   (C) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (B) OF THIS PARAGRAPH, NOTH-
 ING  IN THIS PARAGRAPH SHALL PREVENT THE OPERATION OF A POLICY PROVISION
 REQUIRED BY THIS  PARAGRAPH  AS  A  DEDUCTIBLE,  COINSURANCE,  ALLOWABLE
 CHARGE  LIMITATION, COORDINATION OF BENEFITS, OR A PROVISION RESTRICTING
 COVERAGE TO SERVICES  BY  A  LICENSED,  CERTIFIED,  OR  CARRIER-APPROVED
 PROVIDER OR FACILITY.
   (D)  (I)  THIS  PARAGRAPH  SHALL NOT APPLY TO ACCIDENT ONLY, SPECIFIED
 DISEASE, HOSPITAL INDEMNITY, MEDICARE SUPPLEMENT, LONG TERM CARE,  DISA-
 BILITY INCOME OR OTHER LIMITED BENEFIT HEALTH INSURANCE POLICIES.
   (II)  THE  COST-SHARING LIMITATION UNDER ITEM (II) OF SUBPARAGRAPH (B)
 OF THIS PARAGRAPH SHALL NOT APPLY TO A CATASTROPHIC HEALTH PLAN  TO  THE
 EXTENT  SUCH COST-SHARING LIMITATION WOULD CAUSE SUCH PLAN TO FAIL TO BE
 TREATED AS A CATASTROPHIC PLAN UNDER SUBSECTION (E) OF SECTION  THIRTEEN
 HUNDRED TWO OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT.
   (III)  (1) THE COST-SHARING LIMITATION UNDER ITEM (II) OF SUBPARAGRAPH
 (B) OF THIS PARAGRAPH SHALL NOT APPLY TO A HIGH DEDUCTIBLE  HEALTH  PLAN
 TO THE EXTENT SUCH COST-SHARING LIMITATION WOULD CAUSE SUCH PLAN TO FAIL
 TO  BE  TREATED  AS A HIGH DEDUCTIBLE HEALTH PLAN UNDER PARAGRAPH TWO OF
 SUBSECTION (C) OF SECTION  TWO  HUNDRED  TWENTY-THREE  OF  THE  INTERNAL
 REVENUE CODE.
   (2) IF THE COST-SHARING LIMITATION UNDER ITEM (II) OF SUBPARAGRAPH (B)
 OF  THIS PARAGRAPH WOULD RESULT IN AN ENROLLEE BECOMING INELIGIBLE FOR A
 HEALTH SAVINGS ACCOUNT UNDER FEDERAL LAW, SUCH  COST-SHARING  LIMITATION
 SHALL  ONLY  APPLY TO A QUALIFIED HIGH DEDUCTIBLE HEALTH PLAN AFTER SUCH
 ENROLLEE'S DEDUCTIBLE HAS BEEN MET.
   § 2. Section 3221 of the insurance law is  amended  by  adding  a  new
 subsection (v) to read as follows:
   (V) (1) FOR PURPOSES OF THIS SUBSECTION:
   (A)  "DIETARY  SUPPLEMENT"  SHALL  HAVE THE SAME MEANING AS IN SECTION
 THREE HUNDRED TWENTY-ONE OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
   (B) "EARLY EGG  ALLERGEN  INTRODUCTION  DIETARY  SUPPLEMENT"  MEANS  A
 DIETARY  SUPPLEMENT  THAT  IS  PRESCRIBED  TO AN INFANT BY A HEALTH CARE
 PRACTITIONER AND CONTAINS SUFFICIENT INFANT-SAFE, WELL-COOKED EGG PROTE-
 IN TO REDUCE THE RISK OF FOOD ALLERGIES.
   (C) "EARLY PEANUT ALLERGEN INTRODUCTION DIETARY  SUPPLEMENT"  MEANS  A
 DIETARY  SUPPLEMENT  THAT  IS  PRESCRIBED  TO AN INFANT BY A HEALTH CARE
 PRACTITIONER AND  CONTAINS  SUFFICIENT  INFANT-SAFE  PEANUT  PROTEIN  TO
 REDUCE THE RISK OF FOOD ALLERGIES.
   (D) "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED, CERTIFIED
 OR   OTHERWISE   AUTHORIZED  TO  PRACTICE,  AND  LEGALLY  AUTHORIZED  TO
 PRESCRIBE, UNDER TITLE EIGHT OF THE EDUCATION LAW.
   (E) "INFANT" MEANS A CHILD WHO HAS NOT ATTAINED THE AGE OF ONE YEAR.
   (2) (A) ALL GROUP HEALTH INSURANCE  POLICIES,  CONTRACTS,  OR  CERTIF-
 ICATES  THAT  ARE  DELIVERED,  ISSUED FOR DELIVERY, RENEWED, EXTENDED OR
 MODIFIED IN THIS STATE SHALL PROVIDE COVERAGE FOR AT LEAST ONE  OF  EACH
 OF THE FOLLOWING:
   (I) AN EARLY EGG ALLERGEN INTRODUCTION DIETARY SUPPLEMENT; AND
   (II) AN EARLY PEANUT ALLERGEN INTRODUCTION DIETARY SUPPLEMENT.
   (B)  THE  COVERAGE REQUIRED PURSUANT TO SUBPARAGRAPH (A) OF THIS PARA-
 GRAPH SHALL BE PROVIDED AT NO COST TO A  COVERED  INDIVIDUAL,  INCLUDING
 DEDUCTIBLE  PAYMENTS  AND COST-SHARING AMOUNTS CHARGED ONCE A DEDUCTIBLE
 IS MET.
 A. 771--A                           3
 
   (3) EXCEPT AS PROVIDED UNDER PARAGRAPH TWO OF THIS SUBSECTION, NOTHING
 IN THIS SUBSECTION SHALL PREVENT THE OPERATION  OF  A  POLICY  PROVISION
 REQUIRED  BY  THIS  SUBSECTION  AS  A DEDUCTIBLE, COINSURANCE, ALLOWABLE
 CHARGE LIMITATION, COORDINATION OF BENEFITS, OR A PROVISION  RESTRICTING
 COVERAGE  TO  SERVICES  BY  A  LICENSED,  CERTIFIED, OR CARRIER-APPROVED
 PROVIDER OR FACILITY.
   (4) (A) THIS SUBSECTION SHALL NOT APPLY TO  ACCIDENT  ONLY,  SPECIFIED
 DISEASE,  HOSPITAL INDEMNITY, MEDICARE SUPPLEMENT, LONG TERM CARE, DISA-
 BILITY INCOME OR OTHER LIMITED BENEFIT HEALTH INSURANCE POLICIES.
   (B) THE COST-SHARING LIMITATION UNDER SUBPARAGRAPH  (B)  OF  PARAGRAPH
 TWO  OF THIS SUBSECTION SHALL NOT APPLY TO A CATASTROPHIC HEALTH PLAN TO
 THE EXTENT SUCH COST-SHARING LIMITATION WOULD CAUSE SUCH PLAN TO FAIL TO
 BE TREATED AS A CATASTROPHIC PLAN UNDER SUBSECTION (E) OF SECTION  THIR-
 TEEN HUNDRED TWO OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT.
   (C)  (I)  THE  COST-SHARING LIMITATION UNDER SUBPARAGRAPH (B) OF PARA-
 GRAPH TWO OF THIS SUBSECTION SHALL NOT APPLY TO A HIGH DEDUCTIBLE HEALTH
 PLAN TO THE EXTENT SUCH COST-SHARING LIMITATION WOULD CAUSE SUCH PLAN TO
 FAIL TO BE TREATED AS A HIGH DEDUCTIBLE HEALTH PLAN UNDER PARAGRAPH  TWO
 OF  SUBSECTION  (C)  OF SECTION TWO HUNDRED TWENTY-THREE OF THE INTERNAL
 REVENUE CODE.
   (II) IF THE COST-SHARING LIMITATION UNDER SUBPARAGRAPH  (B)  OF  PARA-
 GRAPH TWO OF THIS SUBSECTION WOULD RESULT IN AN ENROLLEE BECOMING INELI-
 GIBLE  FOR A HEALTH SAVINGS ACCOUNT UNDER FEDERAL LAW, SUCH COST-SHARING
 LIMITATION SHALL ONLY APPLY TO A QUALIFIED HIGH DEDUCTIBLE  HEALTH  PLAN
 AFTER SUCH ENROLLEE'S DEDUCTIBLE HAS BEEN MET.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ww) to read as follows:
   (WW) (1) FOR PURPOSES OF THIS SUBSECTION:
   (A) "DIETARY SUPPLEMENT" SHALL HAVE THE SAME  MEANING  AS  IN  SECTION
 THREE HUNDRED TWENTY-ONE OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
   (B)  "EARLY  EGG  ALLERGEN  INTRODUCTION  DIETARY  SUPPLEMENT" MEANS A
 DIETARY SUPPLEMENT THAT IS PRESCRIBED TO AN  INFANT  BY  A  HEALTH  CARE
 PRACTITIONER AND CONTAINS SUFFICIENT INFANT-SAFE, WELL-COOKED EGG PROTE-
 IN TO REDUCE THE RISK OF FOOD ALLERGIES.
   (C)  "EARLY  PEANUT  ALLERGEN INTRODUCTION DIETARY SUPPLEMENT" MEANS A
 DIETARY SUPPLEMENT THAT IS PRESCRIBED TO AN  INFANT  BY  A  HEALTH  CARE
 PRACTITIONER  AND  CONTAINS  SUFFICIENT  INFANT-SAFE  PEANUT  PROTEIN TO
 REDUCE THE RISK OF FOOD ALLERGIES.
   (D) "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED, CERTIFIED
 OR  OTHERWISE  AUTHORIZED  TO  PRACTICE,  AND  LEGALLY   AUTHORIZED   TO
 PRESCRIBE, UNDER TITLE EIGHT OF THE EDUCATION LAW.
   (E) "INFANT" MEANS A CHILD WHO HAS NOT ATTAINED THE AGE OF ONE YEAR.
   (2)  (A)  EVERY  POLICY  WHICH  PROVIDES HOSPITAL, MEDICAL OR SURGICAL
 COVERAGE SHALL PROVIDE COVERAGE FOR AT LEAST ONE OF EACH OF THE  FOLLOW-
 ING:
   (I) AN EARLY EGG ALLERGEN INTRODUCTION DIETARY SUPPLEMENT; AND
   (II) AN EARLY PEANUT ALLERGEN INTRODUCTION DIETARY SUPPLEMENT.
   (B) THE COVERAGE REQUIRED PURSUANT TO PARAGRAPH TWO OF THIS SUBSECTION
 SHALL  BE PROVIDED AT NO COST TO A COVERED INDIVIDUAL, INCLUDING DEDUCT-
 IBLE PAYMENTS AND COST-SHARING AMOUNTS CHARGED ONCE A DEDUCTIBLE IS MET.
   (3) EXCEPT AS PROVIDED UNDER PARAGRAPH TWO OF THIS SUBSECTION, NOTHING
 IN THIS SUBSECTION SHALL PREVENT THE OPERATION  OF  A  POLICY  PROVISION
 REQUIRED  BY  THIS  SUBSECTION  AS  A DEDUCTIBLE, COINSURANCE, ALLOWABLE
 CHARGE LIMITATION, COORDINATION OF BENEFITS, OR A PROVISION  RESTRICTING
 COVERAGE  TO  SERVICES  BY  A  LICENSED,  CERTIFIED, OR CARRIER-APPROVED
 PROVIDER OR FACILITY.
 A. 771--A                           4
 
   (4) (A) THIS SUBSECTION SHALL NOT APPLY TO  ACCIDENT  ONLY,  SPECIFIED
 DISEASE,  HOSPITAL INDEMNITY, MEDICARE SUPPLEMENT, LONG TERM CARE, DISA-
 BILITY INCOME OR OTHER LIMITED BENEFIT HEALTH INSURANCE POLICIES.
   (B)  THE  COST-SHARING  LIMITATION UNDER SUBPARAGRAPH (B) OF PARAGRAPH
 TWO OF THIS SUBSECTION SHALL NOT APPLY TO A CATASTROPHIC HEALTH PLAN  TO
 THE EXTENT SUCH COST-SHARING LIMITATION WOULD CAUSE SUCH PLAN TO FAIL TO
 BE  TREATED AS A CATASTROPHIC PLAN UNDER SUBSECTION (E) OF SECTION THIR-
 TEEN HUNDRED TWO OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT.
   (C) (I) THE COST-SHARING LIMITATION UNDER SUBPARAGRAPH  (B)  OF  PARA-
 GRAPH TWO OF THIS SUBSECTION SHALL NOT APPLY TO A HIGH DEDUCTIBLE HEALTH
 PLAN TO THE EXTENT SUCH COST-SHARING LIMITATION WOULD CAUSE SUCH PLAN TO
 FAIL  TO BE TREATED AS A HIGH DEDUCTIBLE HEALTH PLAN UNDER PARAGRAPH TWO
 OF SUBSECTION (C) OF SECTION TWO HUNDRED TWENTY-THREE  OF  THE  INTERNAL
 REVENUE CODE.
   (II)  IF  THE  COST-SHARING LIMITATION UNDER SUBPARAGRAPH (B) OF PARA-
 GRAPH TWO OF THIS SUBSECTION WOULD RESULT IN AN ENROLLEE BECOMING INELI-
 GIBLE FOR A HEALTH SAVINGS ACCOUNT UNDER FEDERAL LAW, SUCH  COST-SHARING
 LIMITATION  SHALL  ONLY APPLY TO A QUALIFIED HIGH DEDUCTIBLE HEALTH PLAN
 AFTER SUCH ENROLLEE'S DEDUCTIBLE HAS BEEN MET.
   § 4. Subdivision 2 of section 365-a of  the  social  services  law  is
 amended by adding a new paragraph (oo) to read as follows:
   (OO)  (I) AT LEAST ONE EARLY EGG ALLERGEN INTRODUCTION DIETARY SUPPLE-
 MENT AND AT LEAST ONE EARLY PEANUT ALLERGEN INTRODUCTION DIETARY SUPPLE-
 MENT AT NO COST.
   (II) AS USED IN THIS PARAGRAPH, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (1)  "EARLY  EGG  ALLERGEN  INTRODUCTION  DIETARY  SUPPLEMENT" MEANS A
 DIETARY SUPPLEMENT THAT IS PRESCRIBED TO AN  INFANT  BY  A  HEALTH  CARE
 PRACTITIONER AND CONTAINS SUFFICIENT INFANT-SAFE, WELL-COOKED EGG PROTE-
 IN TO REDUCE THE RISK OF FOOD ALLERGIES.
   (2)  "EARLY  PEANUT  ALLERGEN INTRODUCTION DIETARY SUPPLEMENT" MEANS A
 DIETARY SUPPLEMENT THAT IS PRESCRIBED TO AN  INFANT  BY  A  HEALTH  CARE
 PRACTITIONER  AND  CONTAINS  SUFFICIENT  INFANT-SAFE  PEANUT  PROTEIN TO
 REDUCE THE RISK OF FOOD ALLERGIES.
   § 5. This act shall take effect on the first of January next  succeed-
 ing  the date on which it shall have become a law and shall apply to all
 policies and contracts issued, renewed, modified, altered, or amended on
 or after such date.