NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3865A
SPONSOR: Gunther TITLE OF BILL:
An act to amend the insurance law, in relation to coverage for prenatal
vitamins
PURPOSE:
To ensure that health insurers provide coverage for prenatal vitamins.
SUMMARY OF PROVISIONS:
Section 1. Describes which individual medical policies must provide
coverage for prenatal vitamins. Coverage of the prenatal vitamins are
subject to annual deductibles and coinsurance that are consistent with
those established for a given policy.
Section 2. Describes which group or blanket medical policies must
provide coverage for prenatal vitamins. Coverage of the prenatal vita-
mins are subject to annual deductibles and coinsurance that are consist-
ent with those established for a given policy.'
Section 3. States that every contract issued by a corporation which
provides coverage for prescription drugs shall provide coverage for
prenatal vitamins. This coverage will be subject to deductibles and
coinsurance as deemed appropriate by the superintendent.
Section 4. Effective date.
JUSTIFICATION: Prenatal vitamins are vitamin supplements taken before
and during pregnancy with the intention of providing women with nutri-
ents that help towards a healthy pregnancy. The United States Preventive
Services Task Force recommends all persons planning to or who become
pregnant take a daily vitamin that contains folic acid. In order to
comply with this recommendation, health plans provide coverage for
prenatal vitamins as part of preventative care. This legislation would
make state law clear that women across New York State have access to
quality prenatal vitamins without having to shoulder a massive financial
burden. Prenatal maternity care is a vital healthcare service that needs
to be provided to people of all socioeconomic backgrounds.
LEGISLATIVE HISTORY:
2021-22:A174referred toInsurance/S7506 passed Senate
2019-20:A3652referred toInsurance
2017-18:A296referred toInsurance
2015-16:A755referred toInsurance
2013-14: A1266/S5341 referred to Insurance
2011-12: A405 referred to Insurance
2009-10: A9787B referred to Insurance/S6309B passed Senate
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to policies
issued, reissued, renewed, modified or amended on or after such date.
STATE OF NEW YORK
________________________________________________________________________
3865--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. GUNTHER, ROZIC, JEAN-PIERRE -- read once and
referred to the Committee on Insurance -- recommitted to the Committee
on Insurance in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the insurance law, in relation to coverage for prenatal
vitamins
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 10-a to read as follows:
3 (10-a)(A) Every policy that provides medical, major medical, or simi-
4 lar comprehensive-type coverage and provides coverage for prescription
5 drugs shall provide coverage for prenatal vitamins when prescribed by a
6 health care practitioner licensed, certified, or authorized under title
7 eight of the education law, and acting within his or her lawful scope of
8 practice.
9 (B) Such coverage may be subject to annual deductibles and coinsurance
10 as may be deemed appropriate by the superintendent and as are consistent
11 with those established for other benefits within a given policy.
12 § 2. Subsection (k) of section 3221 of the insurance law is amended by
13 adding a new paragraph 5-a to read as follows:
14 (5-a)(A) Every policy that provides medical, major medical, or similar
15 comprehensive-type coverage and provides coverage for prescription drugs
16 shall provide coverage for prenatal vitamins when prescribed by a health
17 care practitioner licensed, certified, or authorized under title eight
18 of the education law, and acting within his or her lawful scope of prac-
19 tice.
20 (B) Such coverage may be subject to annual deductibles and coinsu-
21 rance, as may be deemed appropriate by the superintendent and as are
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04641-04-4
A. 3865--A 2
1 consistent with those established for other benefits within a given
2 policy.
3 § 3. Section 4303 of the insurance law is amended by adding a new
4 subsection (c-1) to read as follows:
5 (c-1)(1) Any contract issued by a medical expense indemnity corpo-
6 ration, a hospital service corporation or a health services corporation
7 that provides coverage for prescription drugs shall provide coverage for
8 prenatal vitamins when prescribed by a health care practitioner
9 licensed, certified, or authorized under title eight of the education
10 law, and acting within his or her lawful scope of practice.
11 (2) Such coverage may be subject to annual deductibles and coinsurance
12 as may be deemed appropriate by the superintendent and as are consistent
13 with those established for other benefits within a given contract.
14 § 4. This act shall take effect on the first of January next succeed-
15 ing the date on which it shall have become a law and shall apply to
16 policies issued, reissued, renewed, modified or amended on or after such
17 date.
