NY State Senate Bill 2023-S825

Senate Bill S825

Signed By Governor

2023-2024 Legislative Session

Relates to requiring insurance coverage by certain large group policies for pre-exposure prophylaxis and post-exposure prophylaxis to prevent HIV infection

download bill text pdf

Current Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2023	signed chap.79 delivered to governor
Feb 01, 2023	returned to senate passed assembly ordered to third reading rules cal.64 substituted for a1326
Jan 18, 2023	referred to insurance delivered to assembly passed senate
Jan 09, 2023	ordered to third reading cal.34
Jan 06, 2023	referred to rules

Votes

- Jan 18, 2023 - Floor Vote
  S825
  
  56
  
  Aye
  
  7
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 18, 2023
      
      aye (56)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Oberacker
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (7)
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      O'Mara
      
      Ortt
      
      Stec
  Jan 9, 2023 - Rules Committee Vote
  S825
  
  14
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 9, 2023
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (4)
      
      Gallivan
      
      O'Mara
      
      Ortt
      
      Stec
      
      aye wr (1)
      
      Helming
      
      excused (2)
      
      Griffo
      
      Lanza

2023-S825 (ACTIVE) - Details

See Assembly Version of this Bill:: A1326
Law Section:: Insurance Law
Laws Affected:: Amd §§3221 & 4303, rpld §3216 sub§ (i) ¶36, Ins L; amd §4, Chap of 2022 (as proposed in S.688 & A.807)

2023-S825 (ACTIVE) - Summary

Relates to requiring insurance coverage by every large group policy which provides medical, major medical, or comprehensive-type coverage for pre-exposure prophylaxis and post-exposure prophylaxis to prevent HIV infection.

2023-S825 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S825

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to applying coverage
requirements for pre-exposure prophylaxis and post-exposure prophylaxis
to prevent HIV infection to every large group policy which provides
medical, major medical, or comprehensive-type coverage, and repealing
certain provisions of such law relating thereto; and to amend a chapter
of the laws of 2022 amending the insurance law relating to requiring
insurance coverage for pre-exposure prophylaxis and post-exposure
prophylaxis to prevent HIV infection, as proposed in legislative bills
numbers S. 688 and A. 807, in relation to the effectiveness thereof

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2022,
c.721, to clarify provisions relating to applying coverage requirements
for pre-exposure prophylaxis and post-exposure prophylaxis to prevent
HIV infection to health plans in the state.

SUMMARY OF PROVISIONS:

The changes exempt individual policies from this requirement since it
would create a state fiscal as it would be seen as a new mandated bene-
fit; and allow cost sharing if required by state law or federal recom-
mendations.

 
EXISTING LAW:

None

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 721 of the Laws of 2022. S.688 and A.807
both passed the Senate and Assembly in June and March 2022, respective-
ly.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all policies
and contracts issued, renewed, modified, altered, or amended on or after
such date.

2023-S825 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    825
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  applying  coverage
   requirements for pre-exposure prophylaxis and post-exposure prophylax-
   is to prevent HIV infection to every large group policy which provides
   medical,  major medical, or comprehensive-type coverage, and repealing
   certain provisions of such law relating thereto; and to amend a  chap-
   ter of the laws of 2022 amending the insurance law relating to requir-
   ing  insurance coverage for pre-exposure prophylaxis and post-exposure
   prophylaxis to prevent HIV infection, as proposed in legislative bills
   numbers S. 688 and A. 807, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  21  of  subsection  (l) of section 3221 of the
 insurance law, as added by a chapter of the laws of  2022  amending  the
 insurance  law relating to requiring insurance coverage for pre-exposure
 prophylaxis and post-exposure prophylaxis to prevent HIV  infection,  as
 proposed  in  legislative bills numbers S. 688 and A. 807, is amended to
 read as follows:
   (21) Every LARGE GROUP policy which provides MEDICAL,  MAJOR  MEDICAL,
 OR  COMPREHENSIVE-TYPE  coverage  [for prescription drugs] shall include
 coverage for  the  cost  of  pre-exposure  prophylaxis  (PrEP)  for  the
 prevention   of   HIV  and  post-exposure  prophylaxis  to  prevent  HIV
 infection. SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND  COIN-
 SURANCE  AS  MAY  BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
 CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
 POLICY,  UNLESS  THE  PRE-EXPOSURE  PROPHYLAXIS  (PREP) OR POST-EXPOSURE
 PROPHYLAXIS HAS IN EFFECT A RATING OF 'A' OR 'B' IN THE  CURRENT  RECOM-
 MENDATIONS OF THE UNITED STATES PREVENTIVE SERVICES TASK FORCE.
   § 2. Subsection (ss) of section 4303 of the insurance law, as added by
 a  chapter  of  the  laws of 2022 amending the insurance law relating to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04008-01-3

 S. 825                              2
 
 requiring insurance coverage for pre-exposure prophylaxis and post-expo-
 sure prophylaxis to prevent HIV infection, as  proposed  in  legislative
 bills numbers S. 688 and A. 807, is amended to read as follows:
   [(ss)](TT)  Every  LARGE  GROUP contract issued by a hospital services
 corporation or a health services  corporation  which  provides  MEDICAL,
 MAJOR  MEDICAL,  OR COMPREHENSIVE-TYPE coverage [for prescription drugs]
 shall include coverage for the cost of pre-exposure  prophylaxis  (PrEP)
 for  the  prevention of HIV and post-exposure prophylaxis to prevent HIV
 infection. SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND  COIN-
 SURANCE  AS  MAY  BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
 CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
 CONTRACT,  UNLESS  THE  PRE-EXPOSURE PROPHYLAXIS (PREP) OR POST-EXPOSURE
 PROPHYLAXIS HAS IN EFFECT A RATING OF 'A' OR 'B' IN THE  CURRENT  RECOM-
 MENDATIONS OF THE UNITED STATES PREVENTIVE SERVICES TASK FORCE.
   §  3.  Paragraph 36 of subsection (i) of section 3216 of the insurance
 law, as added by a chapter of the laws of 2022  amending  the  insurance
 law relating to requiring insurance coverage for pre-exposure prophylax-
 is  and  post-exposure prophylaxis to prevent HIV infection, as proposed
 in legislative bills numbers S. 688 and A. 807, is REPEALED.
   § 4. Section 4 of a chapter of the laws of 2022 amending the insurance
 law relating to requiring insurance coverage for pre-exposure prophylax-
 is and post-exposure prophylaxis to prevent HIV infection,  as  proposed
 in  legislative  bills  numbers S. 688 and A. 807, is amended to read as
 follows:
   § 4. This act shall take effect immediately AND  SHALL  APPLY  TO  ALL
 POLICIES AND CONTRACTS ISSUED, RENEWED, MODIFIED, ALTERED, OR AMENDED ON
 OR AFTER SUCH DATE.
   §  5.  This  act  shall take effect immediately and shall apply to all
 policies and contracts issued, renewed, modified, altered, or amended on
 or after such date.

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