STATE OF NEW YORK
________________________________________________________________________
1804--A
2025-2026 Regular Sessions
IN SENATE
January 13, 2025
___________
Introduced by Sens. RIVERA, ADDABBO, GONZALEZ, JACKSON -- read twice and
ordered printed, and when printed to be committed to the Committee on
Insurance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the insurance law, in relation to requiring coverage of
certain asthma inhalers at no cost
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 41 to read as follows:
3 (41) (A) Every policy which provides medical, major medical or similar
4 comprehensive-type coverage and provides coverage for prescription drugs
5 shall include coverage for inhalers for the treatment of asthma if
6 prescribed by a physician or other licensed health care provider legally
7 authorized to prescribe under title eight of the education law.
8 (B) Coverage shall be provided for one form of rescue and one form of
9 maintenance inhaler that shall not be subject to a deductible, copay-
10 ment, coinsurance or any other cost-sharing requirement.
11 (C) If the policy is a high deductible health plan as defined in
12 section 223(c)(2) of the Internal Revenue Code of 1986, such coverage
13 may be subject to the plan's annual deductible if application of this
14 requirement would result in ineligibility for a health savings account.
15 § 2. Subsection (l) of section 3221 of the insurance law is amended by
16 adding a new paragraph 23 to read as follows:
17 (23) (A) Every group or blanket accident and health insurance policy
18 issued or issued for delivery in this state which provides medical,
19 major medical or similar comprehensive-type coverage and provides cover-
20 age for prescription drugs shall include coverage for inhalers for the
21 treatment of asthma if prescribed by a physician or other licensed
22 health care provider legally authorized to prescribe under title eight
23 of the education law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00983-05-5
S. 1804--A 2
1 (B) Coverage shall be provided for one form of rescue and one form of
2 maintenance inhaler that shall not be subject to a deductible, copay-
3 ment, coinsurance or any other cost-sharing requirement.
4 (C) If the policy is a high deductible health plan as defined in
5 section 223(c)(2) of the Internal Revenue Code of 1986, such coverage
6 may be subject to the plan's annual deductible if application of this
7 requirement would result in ineligibility for a health savings account.
8 § 3. Section 4303 of the insurance law is amended by adding a new
9 subsection (ww) to read as follows:
10 (ww) (1) A medical expense indemnity corporation or a health service
11 corporation which provides medical, major medical or similar comprehen-
12 sive-type coverage and provides coverage for prescription drugs shall
13 include coverage for inhalers for the treatment of asthma if prescribed
14 by a physician or other licensed health care provider legally authorized
15 to prescribe under title eight of the education law.
16 (2) Coverage shall be provided for one form of rescue and one form of
17 maintenance inhaler that shall not be subject to a deductible, copay-
18 ment, coinsurance or any other cost-sharing requirement.
19 (3) If the policy is a high deductible health plan as defined in
20 section 223(c)(2) of the Internal Revenue Code of 1986, such coverage
21 may be subject to the plan's annual deductible if application of this
22 requirement would result in ineligibility for a health savings account.
23 § 4. This act shall take effect January 1, 2027 and shall apply to all
24 policies and contracts issued, renewed, modified, altered, or amended on
25 or after such date.
