Bill Text: NY A09662 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires insurance companies, medical expense indemnity corporations, hospital service corporations, health service corporations and medical assistance programs to provide coverage for prescribed antiviral therapeutics approved by the food and drug administration for the treatment of COVID-19 at no cost to the patient.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-13 - print number 9662a [A09662 Detail]

Download: New_York-2023-A09662-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9662--A

                   IN ASSEMBLY

                                     March 27, 2024
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred 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  and  the  social  services  law,  in
          relation to capping cost sharing for antiviral COVID-19 therapeutics

          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 39 to read as follows:
     3    (39)  (A)  Every  policy that provides coverage for prescription drugs
     4  shall provide coverage for antiviral therapeutics  approved  or  granted
     5  emergency  use authorization by the food and drug administration for the
     6  treatment of COVID-19 when prescribed by a licensed health care provider
     7  legally authorized to prescribe under title eight of the education law.
     8    (B) Coverage under this paragraph  shall  not  be  subject  to  annual
     9  deductibles  or  coinsurance,  provided, however, that an insured who is
    10  eligible for and able to obtain prescribed antiviral therapeutics at  no
    11  cost  or  reduced cost under a manufacturer or government program may be
    12  required to use such program before using coverage required pursuant  to
    13  this paragraph.
    14    § 2. Subsection (k) of section 3221 of the insurance law is amended by
    15  adding a new paragraph 23 to read as follows:
    16    (23)  (A) Every group or blanket policy delivered or issued for deliv-
    17  ery in this state that provides coverage for  prescription  drugs  shall
    18  provide coverage for antiviral therapeutics approved or granted emergen-
    19  cy  use authorization by the food and drug administration for the treat-
    20  ment of COVID-19 when prescribed by  a  licensed  health  care  provider
    21  legally authorized to prescribe under title eight of the education law.
    22    (B)  Coverage  under  this  paragraph  shall  not be subject to annual
    23  deductibles or coinsurance, provided, however, that an  insured  who  is
    24  eligible  for and able to obtain prescribed antiviral therapeutics at no
    25  cost or reduced cost under a manufacturer or government program  may  be
    26  required  to use such program before using coverage required pursuant to
    27  this paragraph.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14144-05-4
        A. 9662--A                          2

     1    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
     2  subsection (vv) to read as follows:
     3    (vv)  (1)  Every contract issued by a medical expense indemnity corpo-
     4  ration, a hospital service corporation, or a health service  corporation
     5  that provides coverage for prescription drugs shall provide coverage for
     6  antiviral  therapeutics  approved or granted emergency use authorization
     7  by the food and drug administration for the treatment of  COVID-19  when
     8  prescribed  by  a  licensed  health  care provider legally authorized to
     9  prescribe under title eight of the education law.
    10    (2) Coverage under this subsection shall  not  be  subject  to  annual
    11  deductibles  or  coinsurance,  provided, however, that an insured who is
    12  eligible for and able to obtain prescribed antiviral therapeutics at  no
    13  cost  or  reduced cost under a manufacturer or government program may be
    14  required to use such program before using coverage required pursuant  to
    15  this subsection.
    16    §  4. Subdivision 2 of section 365-a of  the  social  services  law is
    17  amended by adding a new paragraph (nn) to read as follows:
    18    (nn) (i) antiviral therapeutics  approved  or  granted  emergency  use
    19  authorization  by  the food and drug administration for the treatment of
    20  COVID-19 when prescribed by a  licensed  health  care  provider  legally
    21  authorized to prescribe under title eight of the education law.
    22    (ii) coverage under this paragraph shall be provided at no cost to the
    23  insured, provided, however, that an insured who is eligible for and able
    24  to  obtain  prescribed antiviral therapeutics at no cost or reduced cost
    25  under a manufacturer or government program may be required to  use  such
    26  program before using coverage required pursuant to this paragraph.
    27    §  5.  This  act  shall  take  effect on the first day of January next
    28  succeeding the date on which it shall have become a law and shall  apply
    29  to  all  policies  and  contracts issued, renewed, modified, altered, or
    30  amended on or after such date.