STATE OF NEW YORK
________________________________________________________________________
4141--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 10, 2023
___________
Introduced by M. of A. FORREST, RAGA, GALLAGHER, SHRESTHA, GONZALEZ-RO-
JAS, ARDILA, ALVAREZ, DARLING, AUBRY, SIMON, COLTON, BURDICK, MAMDANI,
CHANDLER-WATERMAN, MITAYNES, MEEKS, STECK, KELLES, BLUMENCRANZ, DeSTE-
FANO, WALKER, SEPTIMO, TAPIA, TAYLOR, THIELE, ANDERSON, TAGUE,
BENDETT, HYNDMAN, DICKENS, DURSO, SIMONE, EPSTEIN, CRUZ, DAVILA, COOK,
SHIMSKY, LUNSFORD, BORES, CURRAN, LEVENBERG, FLOOD, MAHER, JACOBSON,
BURGOS, HUNTER, CUNNINGHAM, RAJKUMAR, CARROLL, SANTABARBARA, JACKSON,
CLARK, REYES -- read once and referred to the Committee on Insurance
-- recommitted to the Committee on Insurance in accordance with Assem-
bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law, in relation to prohibiting cost shar-
ing for insulin
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subparagraph (B) of paragraph 15-a of subsection (i) of
2 section 3216 of the insurance law, as amended by section 1 of part DDD
3 of chapter 56 of the laws of 2020, is amended to read as follows:
4 (B) Such coverage may be subject to annual deductibles and coinsurance
5 as may be deemed appropriate by the superintendent and as are consistent
6 with those established for other benefits within a given policy;
7 provided however, [the total amount] that [a covered person is required
8 to pay out of pocket for] covered prescription insulin drugs shall [be
9 capped at an amount not to exceed one hundred dollars per thirty-day
10 supply, regardless of the amount or type of insulin needed to fill such
11 covered person's prescription and regardless of the insured's] not be
12 subject to a deductible, copayment, coinsurance or any other cost shar-
13 ing requirement.
14 § 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
15 of the insurance law, as amended by section 2 of part DDD of chapter 56
16 of the laws of 2020, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02649-03-4
A. 4141--A 2
1 (B) Such coverage may be subject to annual deductibles and coinsurance
2 as may be deemed appropriate by the superintendent and as are consistent
3 with those established for other benefits within a given policy;
4 provided however, [the total amount] that [a covered person is required
5 to pay out of pocket for] covered prescription insulin drugs shall [be
6 capped at an amount not to exceed one hundred dollars per thirty-day
7 supply, regardless of the amount or type of insulin needed to fill such
8 covered person's prescription and regardless of the insured's] not be
9 subject to a deductible, copayment, coinsurance or any other cost shar-
10 ing requirement.
11 § 3. Paragraph 2 of subsection (u) of section 4303 of the insurance
12 law, as amended by section 3 of part DDD of chapter 56 of the laws of
13 2020, is amended to read as follows:
14 (2) Such coverage may be subject to annual deductibles and coinsurance
15 as may be deemed appropriate by the superintendent and as are consistent
16 with those established for other benefits within a given policy;
17 provided however, [the total amount] that [a covered person is required
18 to pay out of pocket for] covered prescription insulin drugs shall [be
19 capped at an amount not to exceed one hundred dollars per thirty-day
20 supply, regardless of the amount or type of insulin needed to fill such
21 covered person's prescription and regardless of the insured's] not be
22 subject to a deductible, copayment, coinsurance or any other cost shar-
23 ing requirement.
24 § 4. This act shall take effect January 1, 2025 and shall apply to any
25 policy or contract issued, renewed, modified, altered, or amended on or
26 after such date.