S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3865--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER, ROZIC, JEAN-PIERRE -- read once and
   referred to the Committee on Insurance -- recommitted to the Committee
   on Insurance in accordance with Assembly 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 coverage for prenatal
   vitamins
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
 amended by adding a new paragraph 10-a to read as follows:
   (10-A)(A) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL, OR  SIMI-
 LAR  COMPREHENSIVE-TYPE  COVERAGE AND PROVIDES COVERAGE FOR PRESCRIPTION
 DRUGS SHALL PROVIDE COVERAGE FOR PRENATAL VITAMINS WHEN PRESCRIBED BY  A
 HEALTH  CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED UNDER TITLE
 EIGHT OF THE EDUCATION LAW, AND ACTING WITHIN HIS OR HER LAWFUL SCOPE OF
 PRACTICE.
   (B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
 AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
 WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
   § 2. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 5-a to read as follows:
   (5-A)(A) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
 COMPREHENSIVE-TYPE COVERAGE AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
 SHALL PROVIDE COVERAGE FOR PRENATAL VITAMINS WHEN PRESCRIBED BY A HEALTH
 CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED UNDER  TITLE  EIGHT
 OF THE EDUCATION LAW, AND ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRAC-
 TICE.
   (B)  SUCH  COVERAGE  MAY  BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSU-
 RANCE, AS MAY BE DEEMED APPROPRIATE BY THE  SUPERINTENDENT  AND  AS  ARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04641-04-4
 A. 3865--A                          2
              

 
 CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
 POLICY.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (c-1) to read as follows:
   (C-1)(1) ANY CONTRACT ISSUED BY A  MEDICAL  EXPENSE  INDEMNITY  CORPO-
 RATION,  A HOSPITAL SERVICE CORPORATION OR A HEALTH SERVICES CORPORATION
 THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL PROVIDE COVERAGE FOR
 PRENATAL  VITAMINS  WHEN  PRESCRIBED  BY  A  HEALTH  CARE   PRACTITIONER
 LICENSED,  CERTIFIED,  OR  AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION
 LAW, AND ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
   (2) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
 AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
 WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN CONTRACT.
   § 4. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 policies issued, reissued, renewed, modified or amended on or after such
 date.