S05299 Summary:

BILL NOS05299A
 
SAME ASSAME AS A01741-A
 
SPONSORRIVERA
 
COSPNSRADDABBO, AKSHAR, BROOKS, CLEARE, COONEY, HOYLMAN, JACKSON, KENNEDY, KRUEGER, MANNION, MAY, SALAZAR, SKOUFIS, THOMAS
 
MLTSPNSR
 
Amd §§3216, 3221 & 4303, Ins L
 
Requires any third-party payments, financial assistance, discount, voucher or other price reduction instrument for out-of-pocket expenses made on behalf of an insured individual for the cost of prescription drugs to be applied to the insured's deductible, copayment, coinsurance, out-of-pocket maximum, or any other cost-sharing requirement when calculating such insured individual's overall contribution to any out-of-pocket maximum or any cost-sharing requirement.
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S05299 Actions:

BILL NOS05299A
 
03/01/2021REFERRED TO INSURANCE
03/16/20211ST REPORT CAL.576
03/17/20212ND REPORT CAL.
03/18/2021ADVANCED TO THIRD READING
05/12/2021PASSED SENATE
05/12/2021DELIVERED TO ASSEMBLY
05/12/2021referred to insurance
01/05/2022died in assembly
01/05/2022returned to senate
01/05/2022REFERRED TO INSURANCE
04/25/20221ST REPORT CAL.762
04/26/20222ND REPORT CAL.
04/27/2022ADVANCED TO THIRD READING
05/05/2022AMENDED ON THIRD READING 5299A
05/24/2022SUBSTITUTED BY A1741A
 A01741 AMEND=A Gottfried
 01/11/2021referred to insurance
 04/28/2021reported
 04/29/2021advanced to third reading cal.245
 01/05/2022ordered to third reading cal.83
 05/05/2022amended on third reading 1741a
 05/18/2022passed assembly
 05/18/2022delivered to senate
 05/18/2022REFERRED TO INSURANCE
 05/24/2022SUBSTITUTED FOR S5299A
 05/24/20223RD READING CAL.762
 05/24/2022PASSED SENATE
 05/24/2022RETURNED TO ASSEMBLY
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S05299 Committee Votes:

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S05299 Floor Votes:

There are no votes for this bill in this legislative session.
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S05299 Memo:

Memo not available
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S05299 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5299--A
            Cal. No. 762
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      March 1, 2021
                                       ___________
 
        Introduced  by  Sens.  RIVERA, ADDABBO, AKSHAR, BROOKS, COONEY, HOYLMAN,
          JACKSON, KENNEDY, KRUEGER, SALAZAR, SKOUFIS -- read twice and  ordered
          printed,  and  when printed to be committed to the Committee on Insur-
          ance -- recommitted to the Committee on Insurance in  accordance  with
          Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        AN ACT to amend the insurance law, in relation to calculating an insured
          individual's overall contribution to any out-of-pocket maximum or  any
          cost-sharing requirement
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
     2  amended by adding a new paragraph 37 to read as follows:
     3    (37)  Any  policy  that provides coverage for prescription drugs shall
     4  apply any third-party payments, financial assistance, discount,  voucher
     5  or  other  price reduction instrument for out-of-pocket expenses made on
     6  behalf of an insured individual for the cost of  prescription  drugs  to
     7  the insured's deductible, copayment, coinsurance, out-of-pocket maximum,
     8  or  any  other  cost-sharing  requirement  when calculating such insured
     9  individual's overall contribution to any out-of-pocket  maximum  or  any
    10  cost-sharing  requirement.    If  under federal law, application of this
    11  requirement would result in health savings account  ineligibility  under
    12  26 USC 223, this requirement shall apply for health savings account-qua-
    13  lified  high  deductible  health plans with respect to the deductible of
    14  such a plan after the enrollee  has  satisfied  the  minimum  deductible
    15  under  26 USC 223, except for with respect to items or services that are
    16  preventive care pursuant to 26  USC  223(c)(2)(C),  in  which  case  the
    17  requirements  of  this  paragraph  shall apply regardless of whether the
    18  minimum deductible under 26 USC 223 has been satisfied.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00472-02-2

        S. 5299--A                          2
 
     1    § 2. Subsection (l) of section 3221 of the insurance law is amended by
     2  adding a new paragraph 21 to read as follows:
     3    (21) Every group or blanket policy delivered or issued for delivery in
     4  this state that provides coverage for prescription drugs shall apply any
     5  third-party  payments,  financial assistance, discount, voucher or other
     6  price reduction instrument for out-of-pocket expenses made on behalf  of
     7  an  insured  individual  for  the  cost  of  prescription  drugs  to the
     8  insured's deductible, copayment, coinsurance, out-of-pocket maximum,  or
     9  any  other  cost-sharing requirement when calculating such insured indi-
    10  vidual's overall contribution to any out-of-pocket maximum or any  cost-
    11  sharing requirement.  If under federal law, application of this require-
    12  ment  would  result in health savings account ineligibility under 26 USC
    13  223, this requirement shall apply for health  savings  account-qualified
    14  high  deductible  health  plans with respect to the deductible of such a
    15  plan after the enrollee has satisfied the minimum  deductible  under  26
    16  USC  223,  except for with respect to items or services that are preven-
    17  tive care pursuant to 26 USC 223(c)(2)(C), in which  case  the  require-
    18  ments  of  this  paragraph shall apply regardless of whether the minimum
    19  deductible under 26 USC 223 has been satisfied.
    20    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
    21  subsection (tt) to read as follows:
    22    (tt) Every contract issued by a medical expense indemnity corporation,
    23  hospital   service  corporation,  or  health  service  corporation  that
    24  provides coverage for prescription drugs  shall  apply  any  third-party
    25  payments,   financial  assistance,  discount,  voucher  or  other  price
    26  reduction instrument for out-of-pocket expenses made  on  behalf  of  an
    27  insured  individual for the cost of prescription drugs to  the insured's
    28  deductible,  copayment, coinsurance, out-of-pocket maximum, or any other
    29  cost-sharing requirement  when  calculating  such  insured  individual's
    30  overall  contribution  to  any out-of-pocket maximum or any cost-sharing
    31  requirement. If under federal law, application of this requirement would
    32  result  in  health  savings account ineligibility under 26 USC 223, this
    33  requirement shall apply for health savings account-qualified high deduc-
    34  tible health plans with respect to the deductible of such a  plan  after
    35  the  enrollee  has  satisfied  the  minimum deductible under 26 USC 223,
    36  except for with respect to items or services that  are  preventive  care
    37  pursuant  to 26 USC 223(c)(2)(C), in which case the requirements of this
    38  paragraph shall apply regardless of whether the minimum deductible under
    39  26 USC 223 has been satisfied.
    40    § 4. This act shall take effect on the first of January next  succeed-
    41  ing  the date on which it shall have become a law and shall apply to all
    42  policies and contracts issued, renewed, modified, altered or amended  on
    43  or after such date.
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