NY State Senate Bill 2025-S6813

Current Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 24, 2025	referred to insurance

2025-S6813 (ACTIVE) - Details

See Assembly Version of this Bill:: A6615
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §3246, Ins L

2025-S6813 (ACTIVE) - Summary

Enacts the optometry freedom act which prohibits a carrier or vision plan restricting an optometrist's choice of supply.

2025-S6813 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6813

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the insurance law, in relation to enacting the "optome-
try freedom act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide that insurance carriers and vision care plans shall not
restrict or limit the sources and suppliers of services or materials, or
use of optical labs provided in the treatment of a patient.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would add a new section 3246 to the Insurance Law
to entitle the act as the "Optometry Freedom Act."

Section 2 would provide definitions related to the act and provide that
a contract between an insurance carrier or vision care plan and an opto-
metrist shall not restrict or limit, directly or indirectly, the choice

of sources and suppliers of services or materials or use of optical labs
provided by the optometrist to the enrollee.

 
JUSTIFICATION:

This bill would allow patients to authorize their optometrist to select
the services, materials, and laboratories that are needed for the care
and treatment of the patient and not to defer such medical decision-mak-
ing to the insurance company. While managing health care costs is impor-
tant, this consideration should not replace the medical judgement of the
provider in treating a patient. Moreover, allowing insurance companies
to determine which services, materials, and laboratories must be used
provides the opportunity for such companies to have vertical control
over such services, materials, and laboratories, further enriching the
insurance companies at the expense of the patient and their care.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2025-S6813 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6813
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2025
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 enacting the  "optome-
   try freedom act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "optometry freedom act".
   § 2. The insurance law is amended by adding a new section 3246 to read
 as follows:
   §  3246.  OPTOMETRY  CHOICE  OF  SUPPLY.  1.  FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED MATERIALS" MEANS MATERIALS FOR WHICH  REIMBURSEMENT  FROM
 THE  CARRIER  OR  VISION  CARE  PLAN  IS PROVIDED TO AN OPTOMETRIST BY A
 COVERED PERSON'S PLAN CONTRACT, OR FOR WHICH A  REIMBURSEMENT  WOULD  BE
 AVAILABLE  BUT FOR THE APPLICATION OF THE ENROLLEE'S CONTRACTUAL LIMITA-
 TIONS OF DEDUCTIBLES, COPAYMENTS, OR COINSURANCE.
   (B) "COVERED SERVICES" MEANS SERVICES FOR WHICH REIMBURSEMENT FROM THE
 CARRIER OR VISION  CARE  PLAN  IS  PROVIDED  TO  AN  OPTOMETRIST  BY  AN
 ENROLLEE'S  PLAN  CONTRACT, OR FOR WHICH A REIMBURSEMENT WOULD BE AVAIL-
 ABLE BUT FOR THE APPLICATION OF THE ENROLLEE'S  CONTRACTUAL  LIMITATIONS
 OF DEDUCTIBLES, COPAYMENTS, OR COINSURANCE.
   (C)  "MATERIALS"  MEANS  OPHTHALMIC DEVICES INCLUDING, BUT NOT LIMITED
 TO, LENSES, DEVICES CONTAINING LENSES, OPHTHALMIC FRAMES AND OTHER  LENS
 MOUNTING  APPARATUS, PRISMS, LENS TREATMENTS AND COATINGS, CONTACT LENS-
 ES, AND PROSTHETIC DEVICES TO CORRECT,  RELIEVE,  OR  TREAT  DEFECTS  OR
 ABNORMAL CONDITIONS OF THE HUMAN EYE OR ITS ADNEXA.
   (D)  "OPTOMETRIST"  SHALL  MEAN  ANYONE LICENSED TO PRACTICE OPTOMETRY
 PURSUANT TO ARTICLE ONE HUNDRED FORTY-THREE OF THE EDUCATION LAW.
   (E) "SERVICES" MEANS THE PROFESSIONAL WORK  PERFORMED  BY  AN  OPTOME-
 TRIST.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07963-01-5

 S. 6813                             2
 
   (F)  "VISION CARE PLAN" MEANS AN ENTITY THAT CREATES, PROMOTES, SELLS,
 PROVIDES, ADVERTISES OR ADMINISTERS, AN INTEGRATED OR  STAND-ALONE  PLAN
 PROVISIONING  FOR REIMBURSEMENT FOR OPTOMETRIC SERVICES, OR AN INSURANCE
 POLICY OR CONTRACT WHICH  PROVIDES  OPTOMETRIC  OR  MEDICALLY  NECESSARY
 BENEFITS  TO AN ENROLLEE PERTAINING TO THE PROVISION OF COVERED SERVICES
 OR COVERED MATERIALS.
   2. NO CONTRACT BETWEEN A CARRIER OR VISION CARE PLAN  AND  AN  OPTOME-
 TRIST  SHALL  RESTRICT  OR  LIMIT,  EITHER  DIRECTLY  OR INDIRECTLY, THE
 OPTOMETRIST'S CHOICE OF SOURCES AND SUPPLIERS OF SERVICES  OR  MATERIALS
 OR USE OF OPTICAL LABS PROVIDED BY THE OPTOMETRIST TO AN ENROLLEE.
   § 3. This act shall take effect immediately.

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Senate Bill S6813

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Current Bill Status - In Senate Committee Insurance Committee

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2025-S6813 (ACTIVE) - Details

2025-S6813 (ACTIVE) - Summary

2025-S6813 (ACTIVE) - Sponsor Memo

2025-S6813 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jamaal T. Bailey

Current Bill Status - In Senate Committee Insurance Committee

Actions

2025-S6813 (ACTIVE) - Details

2025-S6813 (ACTIVE) - Summary

2025-S6813 (ACTIVE) - Sponsor Memo

2025-S6813 (ACTIVE) - Bill Text download pdf

Comments