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S08550 Summary:

BILL NOS08550
 
SAME ASNo Same As
 
SPONSORWEIK
 
COSPNSR
 
MLTSPNSR
 
Amd §§3216, 3221 & 4303, Ins L; amd §365-a, Soc Serv L
 
Requires certain health insurance plans cover electrocardiograms for adults and children who have received a coronavirus vaccine regardless of family history of heart disease or conditions.
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S08550 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8550
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    October 24, 2025
                                       ___________
 
        Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the insurance  law  and  the  social  services  law,  in
          relation to requiring certain health insurance plans cover electrocar-
          diograms  for  adults  and  children  who  have received a coronavirus
          vaccine

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Items (iii), (iv) and (v) of subparagraph (E) of paragraph
     2  17 of subsection (i) of section 3216 of the insurance law,  items  (iii)
     3  and  (iv)  as amended by chapter 219 of the laws of 2011 and item (v) as
     4  amended by section 3 of part M of chapter 57 of the laws  of  2019,  are
     5  amended and a new item (vi) is added to read as follows:
     6    (iii)  with  respect  to  children, including infants and adolescents,
     7  evidence-informed preventive care and screenings provided for in compre-
     8  hensive guidelines supported by the health resources and services admin-
     9  istration; [and]
    10    (iv) with respect  to  women,  such  additional  preventive  care  and
    11  screenings  not  described  in  item  (i)  of  this  subparagraph and as
    12  provided  for  in  comprehensive  guidelines  supported  by  the  health
    13  resources and services administration[.];
    14    (v) all FDA-approved contraceptive drugs, devices, and other products,
    15  including   all   over-the-counter  contraceptive  drugs,  devices,  and
    16  products as prescribed or as otherwise authorized under state or federal
    17  law; voluntary sterilization procedures pursuant to 42 U.S.C. 18022  and
    18  identified  in  the  comprehensive  guidelines  supported  by the health
    19  resources and services administration and thereby  incorporated  in  the
    20  essential  health  benefits  benchmark plan; patient education and coun-
    21  seling on contraception; and follow-up services related  to  the  drugs,
    22  devices,  products,  and  procedures  covered  under this [clause] item,
    23  including, but not limited to, management of  side  effects,  counseling

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13556-02-5

        S. 8550                             2
 
     1  for  continued  adherence,  and  device insertion and removal. Except as
     2  otherwise authorized under this [clause]  item,  a  contract  shall  not
     3  impose  any  restrictions  or delays on the coverage required under this
     4  [clause] item. However, where the FDA has approved one or more therapeu-
     5  tic  and pharmaceutical equivalent, as defined by the FDA, versions of a
     6  contraceptive drug, device, or product, a contract is  not  required  to
     7  include  all  such therapeutic and pharmaceutical equivalent versions in
     8  its formulary, so long as at least one is included and  covered  without
     9  cost-sharing  and in accordance with this [clause] item.  If the covered
    10  therapeutic and pharmaceutical equivalent versions of a drug, device, or
    11  product are not available or are deemed medically inadvisable a contract
    12  shall provide coverage for an alternate therapeutic  and  pharmaceutical
    13  equivalent version of the contraceptive drug, device, or product without
    14  cost-sharing.  (a)  This  coverage shall include emergency contraception
    15  without cost sharing when provided pursuant to a prescription, or  order
    16  under  section  sixty-eight  hundred  thirty-one of the education law or
    17  when lawfully provided over-the-counter. (b)  If  the  attending  health
    18  care  provider,  in [his or her] such provider's reasonable professional
    19  judgment, determines that the use of a non-covered therapeutic or  phar-
    20  maceutical  equivalent  of  a drug, device, or product is warranted, the
    21  health care provider's determination shall be final. The  superintendent
    22  shall  promulgate  regulations  establishing  a process, including time-
    23  frames, for an insured, an insured's designee  or  an  insured's  health
    24  care  provider  to request coverage of a non-covered contraceptive drug,
    25  device, or product. Such regulations shall include  a  requirement  that
    26  insurers  use  an exception form that shall meet criteria established by
    27  the superintendent. (c) This coverage must allow for the  dispensing  of
    28  up  to  twelve  months worth of a contraceptive at one time. (d) For the
    29  purposes  of  this  [clause]   item,   "over-the-counter   contraceptive
    30  products" shall mean those products provided for in comprehensive guide-
    31  lines  supported  by the health resources and services administration as
    32  of January twenty-first, two thousand nineteen[.]; and
    33    (vi) with respect to adults and children who have received a coronavi-
    34  rus vaccine, an electrocardiogram test  and  an  interpretation  of  the
    35  results  of  such  test,  regardless of whether such adults and children
    36  have a family history of heart disease or conditions, if  ordered  by  a
    37  physician  or  other licensed professional whose scope of practice under
    38  title eight of the education law provides the  authority  to  administer
    39  such a test, in accordance with prevailing clinical standards.
    40    §  2.  Items  (iii)  and  (iv)  of  subparagraph (E) of paragraph 8 of
    41  subsection (l) of section 3221 of the insurance law, as amended by chap-
    42  ter 219 of the laws of 2011, are amended and a new item (v) is added  to
    43  read as follows:
    44    (iii)  with  respect  to  children, including infants and adolescents,
    45  evidence-informed preventive care and screenings provided for in compre-
    46  hensive guidelines supported by the health resources and services admin-
    47  istration; [and]
    48    (iv) with respect  to  women,  such  additional  preventive  care  and
    49  screenings  not  described  in  item  (i)  of  this  subparagraph and as
    50  provided  for  in  comprehensive  guidelines  supported  by  the  health
    51  resources and services administration[.]; and
    52    (v)  with respect to adults and children who have received a coronavi-
    53  rus vaccine,  an electrocardiogram test and  an  interpretation  of  the
    54  results  of  such  test,  regardless of whether such adults and children
    55  have a family history of heart disease or conditions, if  ordered  by  a
    56  physician  or  other licensed professional whose scope of practice under

        S. 8550                             3
 
     1  title eight of the education law provides the  authority  to  administer
     2  such a test, in accordance with prevailing clinical standards.
     3    §  3.  Subparagraphs  (C)  and (D) of paragraph 3 of subsection (j) of
     4  section 4303 of the insurance law, as added by chapter 219 of  the  laws
     5  of  2011,  are  amended  and  a new subparagraph (E) is added to read as
     6  follows:
     7    (C) with respect  to  children,  including  infants  and  adolescents,
     8  evidence-informed preventive care and screenings provided for in compre-
     9  hensive guidelines supported by the health resources and services admin-
    10  istration; [and]
    11    (D) with respect to women, such additional preventive care and screen-
    12  ings not described in subparagraph (A) of this paragraph and as provided
    13  for  in  comprehensive  guidelines supported by the health resources and
    14  services administration[.]; and
    15    (E) with respect to adults and children who have received a  coronavi-
    16  rus  vaccine,    an  electrocardiogram test and an interpretation of the
    17  results of such test, regardless of whether  such  adults  and  children
    18  have  a  family  history of heart disease or conditions, if ordered by a
    19  physician or other licensed professional whose scope of  practice  under
    20  title  eight  of  the education law provides the authority to administer
    21  such a test, in accordance with prevailing clinical standards.
    22    § 4. Subdivision 2 of section 365-a of  the  social  services  law  is
    23  amended by adding a new paragraph (t-1) to read as follows:
    24    (t-1)  with respect to adults and children who have received a corona-
    25  virus vaccine,  an electrocardiogram test and an interpretation  of  the
    26  results  of  such  test,  regardless of whether such adults and children
    27  have a family history of heart disease or conditions, if  ordered  by  a
    28  physician  or  other licensed professional whose scope of practice under
    29  title eight of the education law provides the  authority  to  administer
    30  such a test, in accordance with prevailing clinical standards; provided,
    31  however, that the provisions of this paragraph relating to electrocardi-
    32  ogram  tests  shall not take effect unless all necessary approvals under
    33  federal law and regulation have been obtained to receive federal  finan-
    34  cial participation in the costs of such services.
    35    §  5.  This  act  shall take effect immediately and shall apply to any
    36  policy issued, delivered, renewed,  and/or  modified  on  or  after  the
    37  effective date of this act.
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