Jones, Cook, Colton, Simon, Barrett, De Los Santos, Raga, Burdick, Eachus
MLTSPNSR
Amd §§3216, 3221 & 4303, Ins L
Requires insurance policies to provide coverage for services related to the diagnosis and treatment of mental, nervous or emotional disorders or ailments; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
21
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. MAGNARELLI, JONES, COOK, COLTON, SIMON, BARRETT,
DE LOS SANTOS, RAGA, BURDICK, EACHUS -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, in relation to coverage for children
for services related to the diagnosis and treatment of mental, nervous
or emotional disorders or ailments
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) (A) Every policy that provides medical, major medical or similar
4 comprehensive-type coverage, shall provide coverage for children for
5 services related to the diagnosis and treatment of mental, nervous or
6 emotional disorders or ailments, including but not limited to biologi-
7 cally based mental illnesses and children with serious emotional
8 disturbances, in a psychiatric center under the jurisdiction of the
9 office of mental health or other psychiatric in-patient facility in the
10 department, and a psychiatric in-patient facility maintained by a poli-
11 tical subdivision of the state for the care or treatment of the mentally
12 ill. Coverage required under this paragraph must be at least equal to
13 coverage provided in such policy for the diagnosis and treatment of
14 mental, nervous or emotional disorders or ailments with no additional
15 cost sharing.
16 (B) For the purposes of this paragraph, the term "children" shall mean
17 any person under the age of eighteen years.
18 § 2. Subsection (l) of section 3221 of the insurance law is amended by
19 adding a new paragraph 5-a to read as follows:
20 (5-a) (A) Every policy that provides medical, major medical or similar
21 comprehensive-type coverage, shall provide coverage for children for
22 services related to the diagnosis and treatment of mental, nervous or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00321-01-5
A. 21 2
1 emotional disorders or ailments, including but not limited to biologi-
2 cally based mental illnesses and children with serious emotional
3 disturbances, in a psychiatric center under the jurisdiction of the
4 office of mental health or other psychiatric in-patient facility in the
5 department, and a psychiatric in-patient facility maintained by a poli-
6 tical subdivision of the state for the care or treatment of the mentally
7 ill. Coverage required under this paragraph must be at least equal to
8 coverage provided in such policy for the diagnosis and treatment of
9 mental, nervous or emotional disorders or ailments with no additional
10 cost sharing.
11 (B) For the purposes of this paragraph, the term "children" shall mean
12 any person under the age of eighteen years.
13 § 3. Section 4303 of the insurance law is amended by adding a new
14 subsection (g-1) to read as follows:
15 (g-1) (1) Every contract that provides medical, major medical or simi-
16 lar comprehensive-type coverage, shall provide coverage for children for
17 services related to the diagnosis and treatment of mental, nervous or
18 emotional disorders or ailments, including but not limited to biologi-
19 cally based mental illnesses and children with serious emotional
20 disturbances, in a psychiatric center under the jurisdiction of the
21 office of mental health or other psychiatric in-patient facility in the
22 department, and a psychiatric in-patient facility maintained by a poli-
23 tical subdivision of the state for the care or treatment of the mentally
24 ill. Coverage required under this paragraph must be at least equal to
25 coverage provided in such policy for the diagnosis and treatment of
26 mental, nervous or emotional disorders or ailments with no additional
27 cost sharing.
28 (2) For the purposes of this subsection, the term "children" shall
29 mean any person under the age of eighteen years.
30 § 4. This act shall take effect immediately and shall apply to any
31 policy issued, delivered, renewed, and/or modified on or after the
32 effective date of this act.
