Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
760
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the insurance law, in relation to requiring health
insurance plans to provide coverage for epinephrine auto-injector
devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (A) of paragraph 39 of subsection (i) of
section 3216 of the insurance law, as added by a chapter of the laws of
2024 amending the insurance law relating to requiring health insurance
plans to provide coverage for epinephrine auto-injector devices, as
proposed in legislative bills numbers S. 7114-A and A. 6425-A, is
amended to read as follows:
(A) Every insurer issuing a policy of accident and health insurance
delivered or issued for delivery in this state which provides major
medical or similar comprehensive-type coverage AND PROVIDES COVERAGE FOR
PRESCRIPTION DRUGS shall include coverage for[, at a minimum, two]
medically necessary epinephrine auto-injector devices for the emergency
treatment of life-threatening allergic reactions. Such coverage may be
subject to annual deductibles and coinsurance as may be deemed appro-
priate by the superintendent [and as are consistent with those estab-
lished for other benefits within a given policy]; provided however, the
total amount that [a covered person] AN INSURED is required to pay out-
of-pocket for such devices shall be capped at an amount not to exceed
one hundred dollars annually regardless of the insured's deductible,
copayment, coinsurance or any other cost-sharing requirement. If under
federal law, application of [this requirement] THE ANNUAL CAP would
result in health savings account ineligibility under 26 USC 223, [this
requirement shall apply for health savings account-qualified high
deductible health plans with respect to the deductible of such a plan
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02836-01-5
S. 760 2
after the enrollee has satisfied the minimum deductible under 26 USC
223] SUCH COVERAGE MAY BE SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE,
except for with respect to items or services that are preventive
care pursuant to 26 USC 223(c)(2)(C), in which case the require-
ments of this paragraph shall apply regardless of whether the minimum
deductible under 26 USC 223 has been satisfied.
§ 2. Subparagraph (A) of paragraph 23 of subsection (k) of section
3221 of the insurance law, as added by a chapter of the laws of 2024
amending the insurance law relating to requiring health insurance plans
to provide coverage for epinephrine auto-injector devices, as proposed
in legislative bills numbers S. 7114-A and A. 6425-A, is amended to read
as follows:
(A) Every group or blanket policy of accident and health insurance
delivered or issued for delivery in this state which provides [medical
coverage that includes coverage for physician services in a physician's
office and every policy which provides] major medical or similar compre-
hensive-type coverage AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS shall
provide coverage for[, at a minimum, two] medically necessary epineph-
rine auto-injector devices for the emergency treatment of life-threaten-
ing allergic reactions. Such coverage may be subject to annual deduct-
ibles and coinsurance as may be deemed appropriate by the superintendent
[and as are consistent with those established for other benefits within
a given policy]; provided however, the total amount that [a covered
person] AN INSURED is required to pay out-of-pocket for such devices
shall be capped at an amount not to exceed one hundred dollars annually
regardless of the insured's deductible, copayment, coinsurance or any
other cost-sharing requirement. If under federal law, application
of [this requirement] THE ANNUAL CAP would result in health savings
account ineligibility under 26 USC 223, [this requirement shall
apply for health savings account-qualified high deductible
health plans with respect to the deductible of such a plan after the
enrollee has satisfied the minimum deductible under 26 USC 223]
SUCH COVERAGE MAY BE SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE, except
for with respect to items or services that are preventive care pursu-
ant to 26 USC 223(c)(2)(C), in which case the requirements of this
paragraph shall apply regardless of whether the minimum deductible
under 26 USC 223 has been satisfied.
§ 3. Paragraph 1 of subsection (vv) of section 4303 of the insurance
law, as added by a chapter of the laws of 2024 amending the insurance
law relating to requiring health insurance plans to provide coverage for
epinephrine auto-injector devices, as proposed in legislative bills
numbers S. 7114-A and A. 6425-A, is amended to read as follows:
(1) Every medical expense indemnity corporation, hospital service
corporation and health service corporation which provides [medical
coverage that includes coverage for physician services in a physician's
office and every policy which provides] major medical or similar compre-
hensive-type coverage AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS shall
provide coverage for[, at a minimum, two] medically necessary epineph-
rine auto-injector devices for the emergency treatment of life-threaten-
ing allergic reactions. Such coverage may be subject to annual deduct-
ibles and coinsurance as may be deemed appropriate by the
superintendent [and as are consistent with those established for other
benefits within a given policy]; provided however, the total amount that
[a covered person] AN INSURED is required to pay out-of-pocket for such
devices shall be capped at an amount not to exceed one hundred dollars
annually regardless of the insured's deductible, copayment, coinsurance
S. 760 3
or any other cost-sharing requirement. If under federal law, applica-
tion of [this requirement] THE ANNUAL CAP would result in health
savings account ineligibility under 26 USC 223, [this requirement
shall apply for health savings account-qualified high deduct-
ible health plans with respect to the deductible of such a plan
after the enrollee has satisfied the minimum deductible under 26
USC 223] SUCH COVERAGE MAY BE SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE,
except for with respect to items or services that are preventive care
pursuant to 26 USC 223(c)(2)(C), in which case the requirements of
this paragraph shall apply regardless of whether the minimum deductible
under 26 USC 223 has been satisfied.
§ 4. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2024 amending the insurance law
relating to requiring health insurance plans to provide coverage for
epinephrine auto-injector devices, as proposed in legislative bills
numbers S. 7114-A and A. 6425-A, takes effect.Every fact on this page links to its source, starting with the official bill record.