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S00137 Summary:

BILL NOS00137
 
SAME ASNo Same As
 
SPONSORKRUEGER
 
COSPNSR
 
MLTSPNSR
 
Amd §§4303, 3216 & 3221, Ins L
 
Requires that medicaid and health insurance plans provide coverage for costs of prescription smoking cessation treatment that is ordered by a physician; establishes a coverage limit for each covered individual.
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S00137 Actions:

BILL NOS00137
 
01/04/2023REFERRED TO INSURANCE
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S00137 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           137
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance
 
        AN ACT to amend the insurance law, in relation to coverage for treatment
          of smoking cessation

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  4303 of the insurance law is amended by adding a
     2  new subsection (uu) to read as follows:
     3    (uu) A hospital service corporation or a  health  service  corporation
     4  which  provides  group,  group remittance or school blanket coverage for
     5  inpatient hospital care shall provide coverage  for  costs  of  any  FDA
     6  approved smoking cessation medication and recommended counseling that is
     7  ordered  by  a  physician.  Such  coverage  may  be  limited to two quit
     8  attempts per year. Each quit attempt will include ninety days of any FDA
     9  approved cessation medications  and  four  counseling  sessions  without
    10  cost-sharing or prior authorization. This provision shall not apply to a
    11  contract  issued pursuant to section four thousand three hundred five of
    12  this article which covers persons employed in more than one state or the
    13  benefit structure of which was  the  subject  of  collective  bargaining
    14  affecting persons who are employed in more than one state. Such coverage
    15  may  be  subject to annual deductibles and co-insurance as may be deemed
    16  appropriate by the superintendent and are consistent with those  imposed
    17  on  other  benefits  within  a  given  policy.  Such  coverage shall not
    18  replace, restrict or eliminate existing coverage provided by the policy.
    19    § 2. Subsection (i) of section 3216 of the insurance law is amended by
    20  adding a new paragraph 39 to read as follows:
    21    (39) Every policy shall provide coverage for costs of any FDA approved
    22  smoking cessation medication and recommended counseling that is  ordered
    23  by  a  physician.  Such coverage may be limited to two quit attempts per
    24  year. Each quit attempt will include ninety days  of  any  FDA  approved
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01071-02-3

        S. 137                              2
 
     1  cessation  medications and four counseling sessions without cost-sharing
     2  or prior authorization.
     3    § 3. Subsection (1) of section 3221 of the insurance law is amended by
     4  adding a new paragraph 22 to read as follows:
     5    (22) Every group or blanket policy delivered or issued for delivery in
     6  this  state  which provides hospital, surgical or medical coverage shall
     7  provide coverage for costs of any FDA approved smoking cessation medica-
     8  tion and recommended counseling that is ordered  by  a  physician.  Such
     9  coverage may be limited to two quit attempts per year. Each quit attempt
    10  will  include  ninety days of any FDA approved cessation medications and
    11  four counseling sessions without cost-sharing or prior authorization.
    12    § 4. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law and shall apply to all policies and contracts
    14  issued, renewed, modified, altered or amended on  or  after  such  date.
    15  Effective  immediately the addition, amendment and/or repeal of any rule
    16  or regulation necessary for the implementation of this act on its effec-
    17  tive date are authorized to be made and  completed  on  or  before  such
    18  date.
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