S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6615
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Insurance
 
 AN ACT to amend the insurance law, in relation to enacting the  "optome-
   try freedom act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "optometry freedom act".
   § 2. The insurance law is amended by adding a new section 3246 to read
 as follows:
   §  3246.  OPTOMETRY  CHOICE  OF  SUPPLY.  1.  FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED MATERIALS" MEANS MATERIALS FOR WHICH  REIMBURSEMENT  FROM
 THE  CARRIER  OR  VISION  CARE  PLAN  IS PROVIDED TO AN OPTOMETRIST BY A
 COVERED PERSON'S PLAN CONTRACT, OR FOR WHICH A  REIMBURSEMENT  WOULD  BE
 AVAILABLE  BUT FOR THE APPLICATION OF THE ENROLLEE'S CONTRACTUAL LIMITA-
 TIONS OF DEDUCTIBLES, COPAYMENTS, OR COINSURANCE.
   (B) "COVERED SERVICES" MEANS SERVICES FOR WHICH REIMBURSEMENT FROM THE
 CARRIER OR VISION  CARE  PLAN  IS  PROVIDED  TO  AN  OPTOMETRIST  BY  AN
 ENROLLEE'S  PLAN  CONTRACT, OR FOR WHICH A REIMBURSEMENT WOULD BE AVAIL-
 ABLE BUT FOR THE APPLICATION OF THE ENROLLEE'S  CONTRACTUAL  LIMITATIONS
 OF DEDUCTIBLES, COPAYMENTS, OR COINSURANCE.
   (C)  "MATERIALS"  MEANS  OPHTHALMIC DEVICES INCLUDING, BUT NOT LIMITED
 TO, LENSES, DEVICES CONTAINING LENSES, OPHTHALMIC FRAMES AND OTHER  LENS
 MOUNTING  APPARATUS, PRISMS, LENS TREATMENTS AND COATINGS, CONTACT LENS-
 ES, AND PROSTHETIC DEVICES TO CORRECT,  RELIEVE,  OR  TREAT  DEFECTS  OR
 ABNORMAL CONDITIONS OF THE HUMAN EYE OR ITS ADNEXA.
   (D)  "OPTOMETRIST"  SHALL  MEAN  ANYONE LICENSED TO PRACTICE OPTOMETRY
 PURSUANT TO ARTICLE ONE HUNDRED FORTY-THREE OF THE EDUCATION LAW.
   (E) "SERVICES" MEANS THE PROFESSIONAL WORK  PERFORMED  BY  AN  OPTOME-
 TRIST.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07963-01-5
              

 A. 6615                             2
 
   (F)  "VISION CARE PLAN" MEANS AN ENTITY THAT CREATES, PROMOTES, SELLS,
 PROVIDES, ADVERTISES OR ADMINISTERS, AN INTEGRATED OR  STAND-ALONE  PLAN
 PROVISIONING  FOR REIMBURSEMENT FOR OPTOMETRIC SERVICES, OR AN INSURANCE
 POLICY OR CONTRACT WHICH  PROVIDES  OPTOMETRIC  OR  MEDICALLY  NECESSARY
 BENEFITS  TO AN ENROLLEE PERTAINING TO THE PROVISION OF COVERED SERVICES
 OR COVERED MATERIALS.
   2. NO CONTRACT BETWEEN A CARRIER OR VISION CARE PLAN  AND  AN  OPTOME-
 TRIST  SHALL  RESTRICT  OR  LIMIT,  EITHER  DIRECTLY  OR INDIRECTLY, THE
 OPTOMETRIST'S CHOICE OF SOURCES AND SUPPLIERS OF SERVICES  OR  MATERIALS
 OR USE OF OPTICAL LABS PROVIDED BY THE OPTOMETRIST TO AN ENROLLEE.
   § 3. This act shall take effect immediately.