S T A T E O F N E W Y O R K
________________________________________________________________________
4174
2025-2026 Regular Sessions
I N S E N A T E
February 3, 2025
___________
Introduced by Sens. PARKER, ADDABBO, BAILEY, PERSAUD -- read twice and
ordered printed, and when printed to be committed to the Committee on
Insurance
AN ACT to amend the insurance law, in relation to establishing an advi-
sory panel on health insurance coverage for autism spectrum disorder
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 346 to
read as follows:
§ 346. COVERAGE FOR AUTISM SPECTRUM DISORDER. (A) (1) THERE IS HEREBY
ESTABLISHED WITHIN THE DEPARTMENT AN ADVISORY PANEL ON HEALTH INSURANCE
COVERAGE FOR AUTISM SPECTRUM DISORDER. SUCH PANEL SHALL BE COMPOSED OF
NINE MEMBERS WHO ARE EXPERTS IN HEALTH CARE AND APPOINTED AS FOLLOWS:
SEVEN MEMBERS WHO ARE OFFICERS OR EMPLOYEES OF THE DEPARTMENT OF HEALTH,
OFFICE OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES SHALL BE APPOINTED BY THE GOVERNOR; AND THE TEMPORARY PRES-
IDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT A
MEMBER WHO IS A REPRESENTATIVE OF AN AUTISM ADVOCACY GROUP. EACH MEMBER
SHALL SERVE A TERM OF TWO YEARS. THE GOVERNOR SHALL DESIGNATE THE CHAIR
OF THE PANEL FROM AMONG SUCH GOVERNOR'S APPOINTEES. VACANCIES IN THE
MEMBERSHIP OF THE PANEL SHALL BE FILLED IN THE MANNER PROVIDED FOR
ORIGINAL APPOINTMENTS.
(2) THE MEMBERS OF THE PANEL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SUBSECTION.
(3) THE ADVISORY PANEL ON HEALTH INSURANCE COVERAGE FOR AUTISM SPEC-
TRUM DISORDER SHALL ANNUALLY, ON OR BEFORE SEPTEMBER FIRST, COMPILE AND
SUBMIT TO THE SUPERINTENDENT A LIST OF SUCCESSFUL TREATMENT AND THERAPY
OPTIONS FOR AUTISM SPECTRUM DISORDER THAT WILL BE REQUIRED TO BE COVERED
PURSUANT TO PARAGRAPH TWENTY-FIVE OF SUBSECTION (I) OF SECTION THREE
THOUSAND TWO HUNDRED SIXTEEN, PARAGRAPH SEVENTEEN OF SUBSECTION (1) OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07771-01-5
S. 4174 2
SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE AND SUBSECTION (EE) OF
SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER.
(4) WITHIN FORTY-FIVE DAYS OF RECEIPT OF EACH LIST SUBMITTED PURSUANT
TO PARAGRAPH THREE OF THIS SUBSECTION, THE SUPERINTENDENT SHALL, ON AN
EMERGENCY BASIS, PROMULGATE AND IMPLEMENT RULES AND REGULATIONS REQUIR-
ING COVERAGE FOR THE TREATMENT AND THERAPY OPTIONS INCLUDED IN EACH SUCH
LIST.
(B) (1) WITHIN ONE HUNDRED EIGHTY DAYS OF THE SUBMISSION OF THE
INITIAL LIST TO THE SUPERINTENDENT PURSUANT TO PARAGRAPH THREE OF
SUBSECTION (A) OF THIS SECTION, THE DEPARTMENT SHALL ESTABLISH AND OPER-
ATE AN AUTISM AND HEALTH INSURANCE COVERAGE HOTLINE. THE HOTLINE SHALL
BE A TOLL-FREE, TWENTY-FOUR HOUR A DAY CONSUMER CALL CENTER FOR FAMILIES
WITH AUTISTIC CHILDREN WHO HAVE COMPLAINTS ABOUT OR QUESTIONS ON INSUR-
ERS AND COVERAGE FOR AUTISM SPECTRUM DISORDER. ALL COMPLAINTS RECEIVED
BY SUCH HOTLINE SHALL BE DOCUMENTED AND REFERRED TO THE APPROPRIATE
OFFICIAL IN THE DEPARTMENT FOR CORRECTIVE ACTION.
(2) THE DEPARTMENT MAY CONTRACT WITH A QUALIFIED NOT-FOR-PROFIT CORPO-
RATION FOR THE PROVISION AND OPERATION OF THE HOTLINE REQUIRED BY THIS
SUBSECTION. ANY SUCH CONTRACT SHALL ONLY BE AWARDED AFTER THE DEPARTMENT
HAS CONDUCTED A REQUEST FOR PROPOSALS PROCESS. THE DEPARTMENT SHALL
SELECT A NOT-FOR-PROFIT CORPORATION WHICH HAS THE RESOURCES AND ABILITY
TO OPERATE A STATEWIDE HOTLINE, AND IS STAFFED BY EMPLOYEES AND/OR
VOLUNTEERS WITH STRONG EXPERIENCE IN AUTISM SPECTRUM DISORDER.
(3) IF THE DEPARTMENT ELECTS TO ESTABLISH AND OPERATE THE HOTLINE
USING ITS OWN PERSONNEL AND RESOURCES, SUCH HOTLINE SHALL BE STAFFED BY
OFFICERS AND EMPLOYEES WITH STRONG EXPERIENCE IN AUTISM SPECTRUM DISOR-
DER. UNTIL THE STATE CIVIL SERVICE COMMISSION SHALL HAVE ESTABLISHED
CIVIL SERVICE TITLES AND COMPETITIVE EXAMINATIONS FOR POSITIONS AS
EMPLOYEES OF THE HOTLINE, THE SUPERINTENDENT IS AUTHORIZED AND DIRECTED
TO APPOINT AND EMPLOY SUCH QUALIFIED OFFICERS AND EMPLOYEES AS SHALL BE
NECESSARY TO OPERATE THE AUTISM AND HEALTH INSURANCE COVERAGE HOTLINE.
(4) THE SUPERINTENDENT IS AUTHORIZED TO PROMULGATE AND IMPLEMENT ANY
RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
SUBSECTION.
§ 2. Subparagraphs (A) and (B) of paragraph 25 of subsection (i) of
section 3216 of the insurance law, subparagraph (A) as amended by chap-
ter 595 of the laws of 2011, and subparagraph (B) as amended by section
2 of subpart A of part BB of chapter 57 of the laws of 2019, are amended
to read as follows:
(A) Every policy which provides coverage for hospital or surgical
coverage shall [not exclude] INCLUDE FULL coverage for THE PREVENTION,
EARLY DETECTION, screening, diagnosis and treatment of [medical condi-
tions otherwise covered by the policy solely because the treatment is
provided to diagnose or treat] autism spectrum disorder.
(B) Every policy that provides physician services, medical, major
medical or similar comprehensive-type coverage shall provide FULL cover-
age for the screening, diagnosis and treatment of autism spectrum disor-
der in accordance with this paragraph and shall not exclude coverage for
the PREVENTION, EARLY DETECTION, screening, diagnosis or treatment of
medical conditions otherwise covered by the policy because the individ-
ual is diagnosed with autism spectrum disorder. Such coverage may be
subject to annual deductibles, copayments and coinsurance as may be
deemed appropriate by the superintendent and shall be consistent with
those imposed on other benefits under the policy. This paragraph shall
not be construed as limiting the benefits that are otherwise available
to an individual under the policy, provided however that such policy
S. 4174 3
shall not contain any limitations on visits that are solely applied to
the treatment of autism spectrum disorder. No insurer shall terminate
coverage or refuse to deliver, execute, issue, amend, adjust, or renew
coverage to an individual solely because the individual is diagnosed
with autism spectrum disorder or has received treatment for autism spec-
trum disorder. Coverage shall be subject to utilization review and
external appeals of health care services pursuant to article forty-nine
of this chapter as well as case management and other managed care
provisions.
§ 3. Subparagraphs (A) and (B) of paragraph 17 of subsection (l) of
section 3221 of the insurance law, subparagraph (A) as amended by chap-
ter 595 of the laws of 2011, subparagraph (B) as amended by section 19
of subpart A of part BB of chapter 57 of the laws of 2019, are amended
to read as follows:
(A) Every group or blanket accident and health insurance policy deliv-
ered or issued for delivery in this state which provides coverage for
hospital or surgical care coverage shall [not exclude] INCLUDE FULL
coverage for THE PREVENTION, EARLY DETECTION, screening, diagnosis and
treatment of medical conditions otherwise covered by the policy because
the treatment is provided to diagnose or treat autism spectrum disorder.
(B) Every group or blanket policy that provides physician services,
medical, major medical or similar comprehensive-type coverage shall
provide FULL coverage for the screening, diagnosis and treatment of
autism spectrum disorder in accordance with this paragraph and shall not
exclude coverage for the PREVENTION, EARLY DETECTION, screening, diagno-
sis or treatment of medical conditions otherwise covered by the policy
because the individual is diagnosed with autism spectrum disorder. Such
coverage may be subject to annual deductibles, copayments and coinsu-
rance as may be deemed appropriate by the superintendent and shall be
consistent with those imposed on other benefits under the group or blan-
ket policy. This paragraph shall not be construed as limiting the bene-
fits that are otherwise available to an individual under the group or
blanket policy, provided however that such policy shall not contain any
limitations on visits that are solely applied to the treatment of autism
spectrum disorder. No insurer shall terminate coverage or refuse to
deliver, execute, issue, amend, adjust, or renew coverage to an individ-
ual solely because the individual is diagnosed with autism spectrum
disorder or has received treatment for autism spectrum disorder. Cover-
age shall be subject to utilization review and external appeals of
health care services pursuant to article forty-nine of this chapter as
well as case management and other managed care provisions.
§ 4. Paragraphs 1 and 2 of subsection (ee) of section 4303 of the
insurance law, paragraph 1 as amended by chapter 596 of the laws of 2011
and paragraph 2 as amended by section 31 of subpart A of part BB of
chapter 57 of the laws of 2019, are amended to read as follows:
(1) A medical expense indemnity corporation, a hospital service corpo-
ration or a health service corporation which provides coverage for
hospital or surgical care coverage shall [not exclude] INCLUDE FULL
coverage for THE PREVENTION, EARLY DETECTION, screening, diagnosis and
treatment of medical conditions otherwise covered by the contract solely
because the treatment is provided to diagnose or treat autism spectrum
disorder.
(2) Every contract that provides physician services, medical, major
medical or similar comprehensive-type coverage shall provide FULL cover-
age for the screening, diagnosis and treatment of autism spectrum disor-
der in accordance with this paragraph and shall not exclude coverage for
S. 4174 4
the PREVENTION, EARLY DETECTION, screening, diagnosis or treatment of
medical conditions otherwise covered by the contract because the indi-
vidual is diagnosed with autism spectrum disorder. Such coverage may be
subject to annual deductibles, copayments and coinsurance as may be
deemed appropriate by the superintendent and shall be consistent with
those imposed on other benefits under the contract. This paragraph shall
not be construed as limiting the benefits that are otherwise available
to an individual under the contract, provided however that such contract
shall not contain any limitations on visits that are solely applied to
the treatment of autism spectrum disorder. No insurer shall terminate
coverage or refuse to deliver, execute, issue, amend, adjust, or renew
coverage to an individual solely because the individual is diagnosed
with autism spectrum disorder or has received treatment for autism spec-
trum disorder. Coverage shall be subject to utilization review and
external appeals of health care services pursuant to article forty-nine
of this chapter as well as case management and other managed care
provisions.
§ 5. This act shall take effect on the thirtieth day after it shall
have become a law.