New York Senate Bill S08367 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 8367--A  IN SENATE January 23, 2024 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted 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 hospital, surgical or 4 medical care or prescription drugs shall provide coverage for antiviral 5 therapeutics approved or granted emergency use authorization by the food 6 and drug administration for the treatment of COVID-19 when prescribed or 7 furnished by a licensed health care provider acting within their scope 8 of practice and the standard of care. 9 (B) The coverage required pursuant to subparagraph (A) of this para- 10 graph shall not be subject to annual deductibles or coinsurance, 11 provided, however, that an insured who is eligible for and able to 12 obtain free prescribed antiviral therapeutics under a manufacturer or 13 government program may be required to use such program before using 14 coverage required pursuant to this paragraph. 15 § 2. Subsection (k) of section 3221 of the insurance law is amended by 16 adding a new paragraph 23 to read as follows: 17 (23) (A) Every policy that provides coverage for hospital, surgical or 18 medical care or prescription drugs shall provide coverage for antiviral 19 therapeutics approved or granted emergency use authorization by the food 20 and drug administration for the treatment of COVID-19 when prescribed or 21 furnished by a licensed health care provider acting within their scope 22 of practice and the standard of care. 23 (B) The coverage required pursuant to subparagraph (A) of this para- 24 graph shall not be subject to annual deductibles or coinsurance, 25 provided, however, that an insured who is eligible for and able to 26 obtain free prescribed antiviral therapeutics under a manufacturer or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14144-02-4 
 S. 8367--A 2 1 government program may be required to use such program before using 2 coverage required pursuant to this paragraph. 3 § 3. Section 4303 of the insurance law is amended by adding a new 4 subsection (vv) to read as follows: 5 (vv) (1) Every contract issued by a medical expense indemnity corpo- 6 ration, a hospital service corporation or a health service corporation 7 for delivery in this state that provides medical, hospital, surgical 8 care, or major medical or similar comprehensive-type coverage and 9 provides coverage for prescription drugs shall provide coverage for 10 antiviral therapeutics approved or granted emergency use authorization 11 by the food and drug administration for the treatment of COVID-19 when 12 prescribed or furnished by a licensed health care provider acting within 13 their scope of practice and the standard of care. 14 (2) Such coverage required pursuant to paragraph one of this 15 subsection shall not be subject to annual deductibles or coinsurance, 16 provided, however, that an insured who is eligible for and able to 17 obtain free prescribed antiviral therapeutics under a manufacturer or 18 government program may be required to use such program before using 19 coverage required pursuant to this paragraph. 20 § 4. Subdivision 2 of section 365-a of the social services law is 21 amended by adding a new paragraph (nn) to read as follows: 22 (nn) (i) antiviral therapeutics approved or granted emergency use 23 authorization by the food and drug administration for the treatment of 24 COVID-19 when prescribed or furnished by a licensed health care provider 25 acting within their scope of practice and the standard of care. 26 (ii) coverage required pursuant to this paragraph shall be provided at 27 no cost to the insured, provided, however, that an insured who is eligi- 28 ble for and able to obtain free prescribed antiviral therapeutics under 29 a manufacturer or government program may be required to use such program 30 before using coverage required pursuant to this paragraph. 31 § 5. This act shall take effect immediately and shall apply to any 32 policy or contract issued, renewed, modified, altered, or amended on or 33 after January 1, 2025.