S T A T E O F N E W Y O R K
________________________________________________________________________
812
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to requiring certain
types of insurance cover certain allergen introduction dietary supple-
ments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 17 of subsection (i) of section 3216 of the
insurance law is amended by adding a new subparagraph (G) to read as
follows:
(G) IN ADDITION TO SUBPARAGRAPH (A), (B), (C), (D), (E), OR (F) OF
THIS PARAGRAPH, EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL, OR
SIMILAR COMPREHENSIVE-TYPE COVERAGE THAT PROVIDES COVERAGE FOR THE
PROVISION OF PREVENTATIVE AND PRIMARY CARE SERVICES SHALL PROVIDE COVER-
AGE FOR AT LEAST ONE EARLY EGG ALLERGEN INTRODUCTION DIETARY SUPPLEMENT
AND AT LEAST ONE EARLY PEANUT ALLERGEN INTRODUCTION DIETARY SUPPLEMENT.
FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(I) "EARLY EGG ALLERGEN INTRODUCTION DIETARY SUPPLEMENT" MEANS A
DIETARY SUPPLEMENT AS DEFINED IN FEDERAL FOOD, DRUG, AND COSMETIC ACT,
21 U.S.C.S. § 321 THAT CONTAINS SUFFICIENT INFANT-SAFE, WELL-COOKED EGG
PROTEIN TO REDUCE THE RISK OF FOOD ALLERGIES AND IS PRESCRIBED TO AN
INFANT BY A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED
UNDER TITLE EIGHT OF THE EDUCATION LAW, AND ACTING WITHIN THEIR LAWFUL
SCOPE OF PRACTICE.
(II) "EARLY PEANUT ALLERGEN INTRODUCTION DIETARY SUPPLEMENT" MEANS A
DIETARY SUPPLEMENT AS DEFINED IN FEDERAL FOOD, DRUG, AND COSMETIC ACT,
21 U.S.C.S. § 321 THAT CONTAINS SUFFICIENT INFANT-SAFE PEANUT PROTEIN TO
REDUCE THE RISK OF FOOD ALLERGIES AND IS PRESCRIBED TO AN INFANT BY A
HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED UNDER TITLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00860-01-5
A. 812 2
EIGHT OF THE EDUCATION LAW, AND ACTING WITHIN THEIR LAWFUL SCOPE OF
PRACTICE.
§ 2. Paragraph 8 of subsection (l) of section 3221 of the insurance
law is amended by adding a new subparagraph (H) to read as follows:
(H) IN ADDITION TO SUBPARAGRAPH (A), (B), (C), (D), (E), (F), OR (G)
OF THIS PARAGRAPH, EVERY GROUP POLICY THAT PROVIDES MEDICAL, MAJOR
MEDICAL, OR SIMILAR COMPREHENSIVE-TYPE COVERAGE THAT PROVIDES COVERAGE
FOR THE PROVISION OF PREVENTATIVE AND PRIMARY CARE SERVICES SHALL
PROVIDE COVERAGE FOR AT LEAST ONE EARLY EGG ALLERGEN INTRODUCTION
DIETARY SUPPLEMENT AND AT LEAST ONE EARLY PEANUT ALLERGEN INTRODUCTION
DIETARY SUPPLEMENT. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE FOLLOWING
TERMS HAVE THE FOLLOWING MEANINGS:
(I) "EARLY EGG ALLERGEN INTRODUCTION DIETARY SUPPLEMENT" MEANS A
DIETARY SUPPLEMENT AS DEFINED IN FEDERAL FOOD, DRUG, AND COSMETIC ACT,
21 U.S.C.S. § 321 THAT CONTAINS SUFFICIENT INFANT-SAFE, WELL-COOKED EGG
PROTEIN TO REDUCE THE RISK OF FOOD ALLERGIES AND IS PRESCRIBED TO AN
INFANT BY A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED
UNDER TITLE EIGHT OF THE EDUCATION LAW, AND ACTING WITHIN THEIR LAWFUL
SCOPE OF PRACTICE.
(II) "EARLY PEANUT ALLERGEN INTRODUCTION DIETARY SUPPLEMENT" MEANS A
DIETARY SUPPLEMENT AS DEFINED IN FEDERAL FOOD, DRUG, AND COSMETIC ACT,
21 U.S.C.S. § 321 THAT CONTAINS SUFFICIENT INFANT-SAFE PEANUT PROTEIN TO
REDUCE THE RISK OF FOOD ALLERGIES AND IS PRESCRIBED TO AN INFANT BY A
HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED UNDER TITLE
EIGHT OF THE EDUCATION LAW, AND ACTING WITHIN THEIR LAWFUL SCOPE OF
PRACTICE.
§ 3. Subsection (j) of section 4303 of the insurance law is amended by
adding a new paragraph 5 to read as follows:
(5) IN ADDITION TO PARAGRAPH ONE, TWO, THREE OR FOUR OF THIS
SUBSECTION, EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMI-
LAR COMPREHENSIVE-TYPE COVERAGE THAT PROVIDES COVERAGE FOR THE PROVISION
OF PREVENTATIVE AND PRIMARY CARE SERVICES SHALL PROVIDE COVERAGE FOR AT
LEAST ONE EARLY EGG ALLERGEN INTRODUCTION DIETARY SUPPLEMENT AND AT
LEAST ONE EARLY PEANUT ALLERGEN INTRODUCTION DIETARY SUPPLEMENT. FOR THE
PURPOSES OF THIS SUBSECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANING:
(A) "EARLY EGG ALLERGEN INTRODUCTION DIETARY SUPPLEMENT" MEANS A
DIETARY SUPPLEMENT AS DEFINED IN FEDERAL FOOD, DRUG, AND COSMETIC ACT,
21 U.S.C.S. § 321 THAT CONTAINS SUFFICIENT INFANT-SAFE, WELL-COOKED EGG
PROTEIN TO REDUCE THE RISK OF FOOD ALLERGIES AND IS PRESCRIBED TO AN
INFANT BY A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED
UNDER TITLE EIGHT OF THE EDUCATION LAW, AND ACTING WITHIN THEIR LAWFUL
SCOPE OF PRACTICE.
(B) "EARLY PEANUT ALLERGEN INTRODUCTION DIETARY SUPPLEMENT" MEANS A
DIETARY SUPPLEMENT AS DEFINED IN FEDERAL FOOD, DRUG, AND COSMETIC ACT,
21 U.S.C.S. § 321 THAT CONTAINS SUFFICIENT INFANT-SAFE PEANUT PROTEIN TO
REDUCE THE RISK OF FOOD ALLERGIES AND IS PRESCRIBED TO AN INFANT BY A
HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED UNDER TITLE
EIGHT OF THE EDUCATION LAW, AND ACTING WITHIN THEIR LAWFUL SCOPE OF
PRACTICE.
§ 4. 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.