S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5389
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to  amend the insurance law, in relation to requiring insurance
   coverage for child and family treatment and support services and chil-
   dren's home and community based services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Item (i) of subparagraph (A) of paragraph 35 of subsection
 (i) of section 3216 of the insurance law, as amended  by  section  1  of
 subpart  A  of  part II of chapter 57 of the laws of 2023, is amended to
 read as follows:
   (i) where the policy provides coverage for  inpatient  hospital  care,
 such  policy shall include benefits for: inpatient care in a hospital as
 defined by subdivision ten of section 1.03 of the  mental  hygiene  law;
 sub-acute  care  in  a  residential facility licensed or operated by the
 office of mental health; outpatient care provided by a  facility  issued
 an  operating  certificate by the commissioner of mental health pursuant
 to the provisions of article thirty-one of the mental hygiene law or  by
 a  facility  operated  by  the  office of mental health; outpatient care
 provided by a crisis stabilization center licensed pursuant  to  section
 36.01  of  the  mental hygiene law; outpatient care provided by a mobile
 crisis intervention services provider licensed, certified, or designated
 by the office of mental health or the office of addiction  services  and
 supports;  outpatient  and inpatient care for critical time intervention
 services and outpatient care for assertive community treatment  services
 provided  by  facilities  issued an operating certificate by the commis-
 sioner of mental health pursuant to the provisions of article thirty-one
 of the mental hygiene law, beginning no later than thirty days following
 discharge from a hospital as defined by subdivision ten of section  1.03
 of  the  mental  hygiene  law  or the emergency department of a hospital
 licensed pursuant to article twenty-eight  of  the  public  health  law;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07845-01-5
              

 A. 5389                             2
 
 CHILD  AND  FAMILY  TREATMENT  AND SUPPORT SERVICES; CHILDREN'S HOME AND
 COMMUNITY BASED SERVICES; or, for care  provided  in  other  states,  to
 similarly  licensed  or  certified  hospitals,  facilities, or licensed,
 certified or designated providers; and
   §  2. Item (i) of subparagraph (A) of paragraph 5 of subsection (l) of
 section 3221 of the insurance law, as amended by section 5 of subpart  A
 of  part  II  of  chapter  57 of the laws of 2023, is amended to read as
 follows:
   (i) where the policy provides coverage for  inpatient  hospital  care,
 benefits for: inpatient care in a hospital as defined by subdivision ten
 of  section 1.03 of the mental hygiene law; sub-acute care in a residen-
 tial facility licensed or operated  by  the  office  of  mental  health;
 outpatient  care  provided by a facility issued an operating certificate
 by the commissioner of mental health pursuant to the provisions of arti-
 cle thirty-one of the mental hygiene law, or by a facility  operated  by
 the  office  of  mental  health;  outpatient  care  provided by a crisis
 stabilization center licensed pursuant to section 36.01  of  the  mental
 hygiene  law;  outpatient  care provided by a mobile crisis intervention
 services provider licensed, certified, or designated by  the  office  of
 mental  health  or the office of addiction services and supports; outpa-
 tient and inpatient care for critical  time  intervention  services  and
 outpatient  care  for assertive community treatment services provided by
 facilities issued an operating certificate by the commissioner of mental
 health pursuant to the provisions of article thirty-one  of  the  mental
 hygiene  law,  beginning  no  later than thirty days following discharge
 from a hospital as defined by subdivision ten of  section  1.03  of  the
 mental  hygiene  law  or the emergency department of a hospital licensed
 pursuant to article twenty-eight of the public  health  law;  CHILD  AND
 FAMILY  TREATMENT  AND  SUPPORT  SERVICES; CHILDREN'S HOME AND COMMUNITY
 BASED SERVICES; or, for care provided  in  other  states,  to  similarly
 licensed  or  certified hospitals, facilities, or licensed, certified or
 designated providers; and
   § 3. Paragraph 1 of subsection (g) of section 4303  of  the  insurance
 law,  as  amended  by section 9 of subpart A of part II of chapter 57 of
 the laws of 2023, is amended to read as follows:
   (1) where the contract provides coverage for inpatient hospital  care,
 benefits  for:  in-patient  care in a hospital as defined by subdivision
 ten of section 1.03 of the mental hygiene law; sub-acute care in a resi-
 dential facility licensed or operated by the office  of  mental  health;
 outpatient  care  provided by a facility issued an operating certificate
 by the commissioner of mental health pursuant to the provisions of arti-
 cle thirty-one of the mental hygiene law or by a  facility  operated  by
 the  office  of  mental  health;  outpatient  care  provided by a crisis
 stabilization center licensed pursuant to section 36.01  of  the  mental
 hygiene  law;  outpatient  care provided by a mobile crisis intervention
 services provider licensed, certified, or designated by  the  office  of
 mental  health  or the office of addiction services and supports; outpa-
 tient and inpatient care for critical  time  intervention  services  and
 outpatient  care  for assertive community treatment services provided by
 facilities issued an operating certificate by the commissioner of mental
 health pursuant to the provisions of article thirty-one  of  the  mental
 hygiene  law,  beginning  no  later than thirty days following discharge
 from a hospital as defined by subdivision ten of  section  1.03  of  the
 mental  hygiene  law  or the emergency department of a hospital licensed
 pursuant to article twenty-eight of the public  health  law;  CHILD  AND
 FAMILY  TREATMENT  AND  SUPPORT  SERVICES; CHILDREN'S HOME AND COMMUNITY
 A. 5389                             3
 
 BASED SERVICES; or for care  provided  in  other  states,  to  similarly
 licensed  or  certified hospitals, facilities, or licensed, certified or
 designated providers; and
   §  4.  This  act  shall take effect January 1, 2026 and shall apply to
 policies and contracts issued, renewed, amended, modified or altered  on
 or after such date; provided, however, that:
   (a)  if section 1 of subpart A of part II of chapter 57 of the laws of
 2023 shall not have taken effect on or before such  date,  then  section
 one  of  this  act  shall  take  effect on the same date and in the same
 manner as such section of such subpart of such part of such  chapter  of
 the laws of 2023, takes effect;
   (b)  if section 5 of subpart A of part II of chapter 57 of the laws of
 2023 shall not have taken effect on or before such  date,  then  section
 two  of  this  act  shall  take  effect on the same date and in the same
 manner as such section of such subpart of such part of such  chapter  of
 the laws of 2023, takes effect; and
   (c)  if section 9 of subpart A of part II of chapter 57 of the laws of
 2023 shall not have taken effect on or before such  date,  then  section
 three  of  this  act  shall take effect on the same date and in the same
 manner as such section of such subpart of such part of such  chapter  of
 the laws of 2023, takes effect.