NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A812
SPONSOR: Paulin TITLE OF BILL:
An act to amend the insurance law, in relation to requiring certain
types of insurance cover certain allergen introduction dietary supple-
ments
PURPOSE OR GENERAL IDEA OF BILL:
Require insurance companies to cover allergen introduction dietary
supplements
SUMMARY OF PROVISIONS:
Section 1: Paragraph 17 of subsection (i) of section 3216 of the insur-
ance law is amended to add that every policy that provides medical,
major medical or similar coverage provide coverage for early allergen
introduction dietary supplements.
Section 2: Paragraph 8 of subsection 1 of section 3221 of the insurance
law is amended to add that coverage should be provided for early aller-
gen introduction dietary supplements.
Section 3: Subsection (j) of section 4303 of the insurance law is
amended by adding a new paragraph 5 to add that coverage should be
provided for early allergen introduction dietary supplements.
Section 4: This act shall take effect on the first January next succeed-
ing the date on which it shall have become law and shall apply to all
policies and contracts issued, renewed, modified, altered, or amended on
or after such date
JUSTIFICATION:
Four million children and 16 million adults in the U.S. have a food
allergy. Food allergies can cause an allergic reaction when a specific
food is ingested that can cause discomfort like itching and swelling but
can also trigger a severe reaction like anaphylaxis. When left
untreated, anaphylaxis can be fatal. Food allergies most often begin in
childhood, with common foods like peanuts and eggs. Early introduction
of these foods in childhood can allow them to lead a life that is food
allergy free change and change a child's life for the better.
To reduce the chance of developing a food allergy in childhood, leading
research suggests that infants can be introduced to small amounts of
allergens early and often. This usually entails mixing a powder of the
possible allergen causing food into other solid food and feeding it to
the child. These powders can be expensive for parents and may mean that
they do not prioritize using them.
Food allergies are expensive and a lifelong struggle for many. We spend
more than $25 billion per year on allergies in the United States, with
most families spending $4,000 a year in costs for each child with a food
allergy. This legislation will require insurers to cover certain aller-
gen introduction dietary supplements. By requiring insurance coverage
for allergen introduction supplements, we allow more families to access
these supplements which may lead to less children developing food aller-
gies.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding 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.
STATE OF NEW YORK
________________________________________________________________________
812
2025-2026 Regular Sessions
IN ASSEMBLY(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:
1 Section 1. Paragraph 17 of subsection (i) of section 3216 of the
2 insurance law is amended by adding a new subparagraph (G) to read as
3 follows:
4 (G) In addition to subparagraph (A), (B), (C), (D), (E), or (F) of
5 this paragraph, every policy that provides medical, major medical, or
6 similar comprehensive-type coverage that provides coverage for the
7 provision of preventative and primary care services shall provide cover-
8 age for at least one early egg allergen introduction dietary supplement
9 and at least one early peanut allergen introduction dietary supplement.
10 For the purposes of this subparagraph, the following terms shall have
11 the following meanings:
12 (i) "early egg allergen introduction dietary supplement" means a
13 dietary supplement as defined in Federal Food, Drug, and Cosmetic Act,
14 21 U.S.C.S. § 321 that contains sufficient infant-safe, well-cooked egg
15 protein to reduce the risk of food allergies and is prescribed to an
16 infant by a health care practitioner licensed, certified, or authorized
17 under title eight of the education law, and acting within their lawful
18 scope of practice.
19 (ii) "early peanut allergen introduction dietary supplement" means a
20 dietary supplement as defined in Federal Food, Drug, and Cosmetic Act,
21 21 U.S.C.S. § 321 that contains sufficient infant-safe peanut protein to
22 reduce the risk of food allergies and is prescribed to an infant by a
23 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
1 eight of the education law, and acting within their lawful scope of
2 practice.
3 § 2. Paragraph 8 of subsection (l) of section 3221 of the insurance
4 law is amended by adding a new subparagraph (H) to read as follows:
5 (H) In addition to subparagraph (A), (B), (C), (D), (E), (F), or (G)
6 of this paragraph, every group policy that provides medical, major
7 medical, or similar comprehensive-type coverage that provides coverage
8 for the provision of preventative and primary care services shall
9 provide coverage for at least one early egg allergen introduction
10 dietary supplement and at least one early peanut allergen introduction
11 dietary supplement. For the purposes of this subparagraph the following
12 terms have the following meanings:
13 (i) "early egg allergen introduction dietary supplement" means a
14 dietary supplement as defined in Federal Food, Drug, and Cosmetic Act,
15 21 U.S.C.S. § 321 that contains sufficient infant-safe, well-cooked egg
16 protein to reduce the risk of food allergies and is prescribed to an
17 infant by a health care practitioner licensed, certified, or authorized
18 under title eight of the education law, and acting within their lawful
19 scope of practice.
20 (ii) "early peanut allergen introduction dietary supplement" means a
21 dietary supplement as defined in Federal Food, Drug, and Cosmetic Act,
22 21 U.S.C.S. § 321 that contains sufficient infant-safe peanut protein to
23 reduce the risk of food allergies and is prescribed to an infant by a
24 health care practitioner licensed, certified, or authorized under title
25 eight of the education law, and acting within their lawful scope of
26 practice.
27 § 3. Subsection (j) of section 4303 of the insurance law is amended by
28 adding a new paragraph 5 to read as follows:
29 (5) In addition to paragraph one, two, three or four of this
30 subsection, every policy that provides medical, major medical, or simi-
31 lar comprehensive-type coverage that provides coverage for the provision
32 of preventative and primary care services shall provide coverage for at
33 least one early egg allergen introduction dietary supplement and at
34 least one early peanut allergen introduction dietary supplement. For the
35 purposes of this subsection the following terms shall have the following
36 meaning:
37 (A) "early egg allergen introduction dietary supplement" means a
38 dietary supplement as defined in Federal Food, Drug, and Cosmetic Act,
39 21 U.S.C.S. § 321 that contains sufficient infant-safe, well-cooked egg
40 protein to reduce the risk of food allergies and is prescribed to an
41 infant by a health care practitioner licensed, certified, or authorized
42 under title eight of the education law, and acting within their lawful
43 scope of practice.
44 (B) "early peanut allergen introduction dietary supplement" means a
45 dietary supplement as defined in Federal Food, Drug, and Cosmetic Act,
46 21 U.S.C.S. § 321 that contains sufficient infant-safe peanut protein to
47 reduce the risk of food allergies and is prescribed to an infant by a
48 health care practitioner licensed, certified, or authorized under title
49 eight of the education law, and acting within their lawful scope of
50 practice.
51 § 4. This act shall take effect on the first of January next succeed-
52 ing the date on which it shall have become a law and shall apply to all
53 policies and contracts issued, renewed, modified, altered, or amended on
54 or after such date.
