S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    137
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to coverage for treatment
   of smoking cessation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  4303 of the insurance law is amended by adding a
 new subsection (uu) to read as follows:
   (UU) A HOSPITAL SERVICE CORPORATION OR A  HEALTH  SERVICE  CORPORATION
 WHICH  PROVIDES  GROUP,  GROUP REMITTANCE OR SCHOOL BLANKET COVERAGE FOR
 INPATIENT HOSPITAL CARE SHALL PROVIDE COVERAGE  FOR  COSTS  OF  ANY  FDA
 APPROVED SMOKING CESSATION MEDICATION AND RECOMMENDED COUNSELING THAT IS
 ORDERED  BY  A  PHYSICIAN.  SUCH  COVERAGE  MAY  BE  LIMITED TO TWO QUIT
 ATTEMPTS PER YEAR. EACH QUIT ATTEMPT WILL INCLUDE NINETY DAYS OF ANY FDA
 APPROVED CESSATION MEDICATIONS  AND  FOUR  COUNSELING  SESSIONS  WITHOUT
 COST-SHARING OR PRIOR AUTHORIZATION. THIS PROVISION SHALL NOT APPLY TO A
 CONTRACT  ISSUED PURSUANT TO SECTION FOUR THOUSAND THREE HUNDRED FIVE OF
 THIS ARTICLE WHICH COVERS PERSONS EMPLOYED IN MORE THAN ONE STATE OR THE
 BENEFIT STRUCTURE OF WHICH WAS  THE  SUBJECT  OF  COLLECTIVE  BARGAINING
 AFFECTING PERSONS WHO ARE EMPLOYED IN MORE THAN ONE STATE. SUCH COVERAGE
 MAY  BE  SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSURANCE AS MAY BE DEEMED
 APPROPRIATE BY THE SUPERINTENDENT AND ARE CONSISTENT WITH THOSE  IMPOSED
 ON  OTHER  BENEFITS  WITHIN  A  GIVEN  POLICY.  SUCH  COVERAGE SHALL NOT
 REPLACE, RESTRICT OR ELIMINATE EXISTING COVERAGE PROVIDED BY THE POLICY.
   § 2. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 39 to read as follows:
   (39) EVERY POLICY SHALL PROVIDE COVERAGE FOR COSTS OF ANY FDA APPROVED
 SMOKING CESSATION MEDICATION AND RECOMMENDED COUNSELING THAT IS  ORDERED
 BY  A  PHYSICIAN.  SUCH COVERAGE MAY BE LIMITED TO TWO QUIT ATTEMPTS PER
 YEAR. EACH QUIT ATTEMPT WILL INCLUDE NINETY DAYS  OF  ANY  FDA  APPROVED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01071-02-3
 S. 137                              2
 
 CESSATION  MEDICATIONS AND FOUR COUNSELING SESSIONS WITHOUT COST-SHARING
 OR PRIOR AUTHORIZATION.
   § 3. Subsection (1) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
 THIS  STATE  WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
 PROVIDE COVERAGE FOR COSTS OF ANY FDA APPROVED SMOKING CESSATION MEDICA-
 TION AND RECOMMENDED COUNSELING THAT IS ORDERED  BY  A  PHYSICIAN.  SUCH
 COVERAGE MAY BE LIMITED TO TWO QUIT ATTEMPTS PER YEAR. EACH QUIT ATTEMPT
 WILL  INCLUDE  NINETY DAYS OF ANY FDA APPROVED CESSATION MEDICATIONS AND
 FOUR COUNSELING SESSIONS WITHOUT COST-SHARING OR PRIOR AUTHORIZATION.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to all policies and contracts
 issued, renewed, modified, altered or amended on  or  after  such  date.
 Effective  immediately the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 date.