Relates to high deductible health plans and health savings accounts, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5367--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 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, in relation to high deductible health
   plans and health savings accounts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  3216 of the insurance law is amended by adding a
 new subsection (n) to read as follows:
   (N) WITH RESPECT TO HIGH DEDUCTIBLE HEALTH PLANS OFFERED  IN  CONJUNC-
 TION WITH A HEALTH REIMBURSEMENT ACCOUNT OR A HEALTH SAVINGS ACCOUNT, IF
 APPLICATION  OF  ANY  COST  SHARING  REQUIREMENTS WOULD RESULT IN HEALTH
 SAVINGS ACCOUNT INELIGIBILITY UNDER SECTION TWO HUNDRED TWENTY-THREE  OF
 THE INTERNAL REVENUE CODE, SUCH COST SHARING REQUIREMENT SHALL APPLY FOR
 HEALTH  SAVINGS  ACCOUNT-QUALIFIED  HIGH  DEDUCTIBLE  HEALTH  PLANS WITH
 RESPECT TO THE DEDUCTIBLE OF SUCH A PLAN, ONLY AFTER  THE  ENROLLEE  HAS
 SATISFIED  THE MINIMUM DEDUCTIBLE UNDER SECTION TWO HUNDRED TWENTY-THREE
 OF THE INTERNAL REVENUE CODE, EXCEPT WITH RESPECT TO ITEMS  OR  SERVICES
 THAT  ARE  CONSIDERED  PREVENTIVE  CARE  PURSUANT TO SUBPARAGRAPH (C) OF
 PARAGRAPH TWO OF SUBSECTION C OF SECTION TWO HUNDRED TWENTY-THREE OF THE
 INTERNAL REVENUE CODE, IN WHICH CASE THE  COST-SHARING  REQUIREMENTS  OF
 THIS  SECTION  SHALL  APPLY REGARDLESS OF WHETHER THE MINIMUM DEDUCTIBLE
 REQUIRED UNDER SECTION TWO HUNDRED TWENTY-THREE OF THE INTERNAL  REVENUE
 CODE HAS BEEN SATISFIED.
   §  2.  Section  3221  of  the insurance law is amended by adding a new
 subsection (v) to read as follows:
   (V) WITH RESPECT TO HIGH DEDUCTIBLE HEALTH PLANS OFFERED  IN  CONJUNC-
 TION WITH A HEALTH REIMBURSEMENT ACCOUNT OR A HEALTH SAVINGS ACCOUNT, IF
 APPLICATION  OF  ANY  COST  SHARING  REQUIREMENTS WOULD RESULT IN HEALTH
 SAVINGS ACCOUNT INELIGIBILITY UNDER SECTION TWO HUNDRED TWENTY-THREE  OF
 THE INTERNAL REVENUE CODE, SUCH COST SHARING REQUIREMENT SHALL APPLY FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07833-04-5
 A. 5367--A                          2
 
 HEALTH  SAVINGS  ACCOUNT-QUALIFIED  HIGH  DEDUCTIBLE  HEALTH  PLANS WITH
 RESPECT TO THE DEDUCTIBLE OF SUCH A PLAN, ONLY AFTER  THE  ENROLLEE  HAS
 SATISFIED  THE MINIMUM DEDUCTIBLE UNDER SECTION TWO HUNDRED TWENTY-THREE
 OF  THE  INTERNAL REVENUE CODE, EXCEPT WITH RESPECT TO ITEMS OR SERVICES
 THAT ARE CONSIDERED PREVENTIVE CARE  PURSUANT  TO  SUBPARAGRAPH  (C)  OF
 PARAGRAPH TWO OF SUBSECTION C OF SECTION TWO HUNDRED TWENTY-THREE OF THE
 INTERNAL  REVENUE  CODE,  IN WHICH CASE THE COST-SHARING REQUIREMENTS OF
 THIS SECTION SHALL APPLY REGARDLESS OF WHETHER  THE  MINIMUM  DEDUCTIBLE
 REQUIRED  UNDER SECTION TWO HUNDRED TWENTY-THREE OF THE INTERNAL REVENUE
 CODE HAS BEEN SATISFIED.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (ww) to read as follows:
   (WW)  WITH RESPECT TO HIGH DEDUCTIBLE HEALTH PLANS OFFERED IN CONJUNC-
 TION WITH A HEALTH REIMBURSEMENT ACCOUNT OR A HEALTH SAVINGS ACCOUNT, IF
 APPLICATION OF ANY COST SHARING  REQUIREMENTS  WOULD  RESULT  IN  HEALTH
 SAVINGS  ACCOUNT INELIGIBILITY UNDER SECTION TWO HUNDRED TWENTY-THREE OF
 THE INTERNAL REVENUE CODE, SUCH COST SHARING REQUIREMENT SHALL APPLY FOR
 HEALTH SAVINGS  ACCOUNT-QUALIFIED  HIGH  DEDUCTIBLE  HEALTH  PLANS  WITH
 RESPECT  TO  THE  DEDUCTIBLE OF SUCH A PLAN, ONLY AFTER THE ENROLLEE HAS
 SATISFIED THE MINIMUM DEDUCTIBLE UNDER SECTION TWO HUNDRED  TWENTY-THREE
 OF  THE  INTERNAL REVENUE CODE, EXCEPT WITH RESPECT TO ITEMS OR SERVICES
 THAT ARE CONSIDERED PREVENTIVE CARE  PURSUANT  TO  SUBPARAGRAPH  (C)  OF
 PARAGRAPH TWO OF SUBSECTION C OF SECTION TWO HUNDRED TWENTY-THREE OF THE
 INTERNAL  REVENUE  CODE,  IN WHICH CASE THE COST-SHARING REQUIREMENTS OF
 THIS SECTION SHALL APPLY REGARDLESS OF WHETHER  THE  MINIMUM  DEDUCTIBLE
 REQUIRED  UNDER SECTION TWO HUNDRED TWENTY-THREE OF THE INTERNAL REVENUE
 CODE HAS BEEN SATISFIED.
   § 4. This act shall take effect immediately.