NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7953
SPONSOR: Forrest TITLE OF BILL:
An act to amend the insurance law and the social services law, in
relation to elevated lead levels screening
PURPOSE OR GENERAL IDEA OF BILL:
Provides for coverage of screenings for elevated lead levels.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new paragraph 40 to subsection (i) of section 3216 of
the Insurance Law, as it relates to individual accident and health
insurance policy provisions, to require that no insurance company be
allowed to charge an annual deductible or co-pay for screening for the
detection of elevated blood lead levels.
Section 2 adds a new paragraph to subsection (k) of section 3221 of the
Insurance Law, as it relates to group or blanket accident and health
insurance policies, to require that no insurance company be allowed to
charge an annual deductible or co-pay for screening for the detection of
elevated blood lead levels.
Section 3 adds a new subsection (ww) to section 4303 of the Insurance
Law, as it relates to Individual contracts, to require that no insurance
company be allowed to charge an annual deductible or co-pay for screen-
ing for the detection of elevated blood lead levels.
Section 4 adds a new paragraph (nn) to subdivision 2 of section 365-a of
Social Services Law, as it relates to responsibility for assistance, to
include screening and blood tests of elevated blood lead levels in Medi-
caid.
Section 5 provides an effective date.
JUSTIFICATION:
Dakota's Law originated from the mother of Dakota, a child living in
aNYCHA apartment who experienced increasing blood lead levels throughout
her childhood. While Dakota did receive the appropriate lead screenings
at the ages of 12 and 24 months, it wasn't until Dakota was four years
old when her mother changed her doctor and she was offered another lead
screening that showed that Dakota's blood lead levels had increased from
five micrograms to 45, leaving her with permanent developmental chal-
lenges that affected her education.
Since they are still developing, younger children face a higher risk if
they are exposed to lead and have elevated blood lead levels, which can
have a huge impact on the neurological and digestive systems. Therefore,
blood lead levels should be checked annually in small children to
address any exposure as quickly as possible. This bill addresses the
insurance-related bafflers regarding access to lead screening by expand-
ing the coverage for private health insurance and Medicaid recipients.
The bill prohibits any copays and annual deductibles on these services,
which would help us eliminate financial barriers as our state takes a
proactive approach to prevent children from experiencing the harmful
effects of lead poisoning.
PRIOR LEGISLATIVE HISTORY:
2023-2024: S6795 / No same as
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
Effective immediately
STATE OF NEW YORK
________________________________________________________________________
7953
2025-2026 Regular Sessions
IN ASSEMBLY
April 16, 2025
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law and the social services law, in
relation to elevated lead levels screening
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsection (i) of section 3216 of the insurance law is
2 amended by adding a new paragraph 40 to read as follows:
3 (40) Screening for the detection of elevated lead levels covered under
4 the policy shall not be subject to annual deductibles or coinsurance.
5 For the purposes of this paragraph, "elevated lead levels" shall have
6 the same meaning as set forth in subdivision six of section thirteen
7 hundred seventy of the public health law.
8 § 2. Subsection (k) of section 3221 of the insurance law is amended by
9 adding a new paragraph 24 to read as follows:
10 (24) Screening for the detection of elevated lead levels covered under
11 the policy shall not be subject to annual deductibles or coinsurance.
12 For the purposes of this paragraph, "elevated lead levels" shall have
13 the same meaning as set forth in subdivision six of section thirteen
14 hundred seventy of the public health law.
15 § 3. Section 4303 of the insurance law is amended by adding a new
16 subsection (ww) to read as follows:
17 (ww) Screening for the detection of elevated lead levels covered under
18 the policy shall not be subject to annual deductibles or coinsurance.
19 For the purposes of this subsection, "elevated lead levels" shall have
20 the same meaning as set forth in subdivision six of section thirteen
21 hundred seventy of the public health law.
22 § 4. Subdivision 2 of section 365-a of the social services law is
23 amended by adding a new paragraph (nn) to read as follows:
24 (nn) screening and blood tests of children for elevated lead levels.
25 For the purposes of this paragraph, elevated lead levels shall have the
26 same definition as set forth in subdivision six of section thirteen
27 hundred seventy of the public health law.
28 § 5. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05676-01-5
