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A09270 Summary:

BILL NOA09270
 
SAME ASNo Same As
 
SPONSORHunter
 
COSPNSR
 
MLTSPNSR
 
Amd §§3216, 4235, 4304 & 4305, Ins L
 
Extends dependent child coverage for certain individuals to age twenty-nine.
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A09270 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9270
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 21, 2025
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Insurance
 
        AN  ACT  to  amend the insurance law, in relation to extending dependent
          child coverage for certain individuals to age twenty-nine
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Item (iii) of subparagraph (A) of paragraph 4 of subsection
     2  (a)  of  section 3216 of the insurance law, as amended by chapter 219 of
     3  the laws of 2011, is amended and a new subparagraph  (iv)  is  added  to
     4  read as follows:
     5    (iii)  Any  married or unmarried child shall be considered a dependent
     6  child until attaining age twenty-six without regard to financial depend-
     7  ence, residency with the policyholder, student  status,  or  employment,
     8  for  a  policy  of  hospital,  medical,  surgical,  or prescription drug
     9  expense insurance[.]; or
    10    (iv) Any unmarried child who is not  eligible  for  employer-sponsored
    11  health  care,  not enrolled in Medicare, and who lives, works or resides
    12  in New York state or the service area of the insurer shall be considered
    13  a dependent child until attaining  age  twenty-nine  without  regard  to
    14  financial  dependence,  residency with the policyholder, student status,
    15  or  employment,  for  a  policy  of  hospital,  medical,  surgical,   or
    16  prescription drug expense insurance.
    17    §  2.  Clause (i) of subparagraph (A) of paragraph 1 of subsection (f)
    18  of section 4235 of the insurance law, as amended by chapter 219  of  the
    19  laws  of  2011,  is  amended  and a new clause (i-a) is added to read as
    20  follows:
    21    (i) a policy of hospital,  medical,  surgical,  or  prescription  drug
    22  expense insurance that provides coverage for children shall provide such
    23  coverage  to  a married or unmarried child until attainment of age twen-
    24  ty-six, without regard  to  financial  dependence,  residency  with  the
    25  employee  or member, student status, or employment, except a policy that
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14021-01-5

        A. 9270                             2
 
     1  is a grandfathered health plan may,  for  plan  years  beginning  before
     2  January first, two thousand fourteen, exclude coverage of an adult child
     3  under  age twenty-six who is eligible to enroll in an employer-sponsored
     4  health  plan other than a group health plan of a parent. For purposes of
     5  this [item] clause, "grandfathered health plan" means coverage  provided
     6  by an insurer in which an individual was enrolled on March twenty-third,
     7  two  thousand  ten  for  as long as the coverage maintains grandfathered
     8  status in accordance with section 1251(e) of the Affordable Care Act, 42
     9  U.S.C. § 18011(e); [and]
    10    (i-a) a policy of hospital, medical, surgical,  or  prescription  drug
    11  expense insurance that provides coverage for children shall provide such
    12  coverage  to  an  unmarried child who is not eligible for employer-spon-
    13  sored health care, not enrolled in Medicare, and  who  lives,  works  or
    14  resides  in  New  York  state  or  the service area of the insurer until
    15  attainment of age twenty-nine without regard  to  financial  dependence,
    16  residency  with  the  employee or member, student status, or employment;
    17  and
    18    § 3. Item (i) of subparagraph (A) of paragraph 1 of subsection (d)  of
    19  section 4304 of the insurance law, as amended by chapter 219 of the laws
    20  of 2011, is amended to read as follows:
    21    (i)  A "family contract" may provide coverage to any child or children
    22  not over nineteen years of age, provided that an unmarried student at an
    23  accredited institution of learning may be considered a  dependent  until
    24  the  child becomes twenty-three years of age, and provided also that the
    25  coverage of any such "family contract" may include, at the option of the
    26  corporation,  any  unmarried  child  until  attaining  age  twenty-five.
    27  However,   a  "family  contract"  of  hospital,  medical,  surgical,  or
    28  prescription drug expense insurance that provides coverage for dependent
    29  children shall provide such coverage to a  married  or  unmarried  child
    30  until  attainment  of age twenty-six without regard to financial depend-
    31  ence, residency with the contract holder, student status, or employment.
    32  Provided further, however, a "family  contract"  of  hospital,  medical,
    33  surgical,  or prescription drug expense insurance that provides coverage
    34  for dependent children shall provide such coverage to an unmarried child
    35  who is not eligible for employer-sponsored health care, not enrolled  in
    36  Medicare,  and  who  lives,  works  or  resides in New York state or the
    37  service area of the corporation  until  attainment  of  age  twenty-nine
    38  without  regard  to  financial  dependence,  residency with the contract
    39  holder, student status, or employment.
    40    § 4. Item (i) of subparagraph (A) of paragraph 1 of subsection (c)  of
    41  section 4305 of the insurance law, as amended by chapter 219 of the laws
    42  of 2011, is amended and a new item (i-a) is added to read as follows:
    43    (i)  a  contract  of hospital, medical, surgical, or prescription drug
    44  expense insurance that provides coverage for children shall provide such
    45  coverage to a married or unmarried child until attainment of  age  twen-
    46  ty-six,  without  regard  to  financial  dependence,  residency with the
    47  member, student status, or employment,  except  a  contract  that  is  a
    48  grandfathered  health  plan may, for plan years beginning before January
    49  first, two thousand fourteen, exclude coverage of an adult  child  under
    50  age twenty-six who is eligible to enroll in an employer-sponsored health
    51  plan  other  than  a group health plan of a parent. For purposes of this
    52  item, "grandfathered health plan" means coverage provided  by  a  corpo-
    53  ration  in  which  an individual was enrolled on March twenty-third, two
    54  thousand ten for as long as the coverage maintains grandfathered  status
    55  in accordance with section 1251(e) of the Affordable Care Act, 42 U.S.C.
    56  § 18011(e); [and]

        A. 9270                             3
 
     1    (i-a)  a contract of hospital, medical, surgical, or prescription drug
     2  expense insurance that provides coverage for children shall provide such
     3  coverage to an unmarried child who is not  eligible  for  employer-spon-
     4  sored  health  care,  not  enrolled in Medicare, and who lives, works or
     5  resides  in  New York state or the service area of the corporation until
     6  attainment of age twenty-nine without regard  to  financial  dependence,
     7  residency with the contract holder, student status, or employment; and
     8    §  5.  This  act  shall take effect immediately and shall apply to all
     9  policies and contracts entered into, renewed, modified or amended on  or
    10  after such effective date.
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