A 128: Requires insurance coverage for one rescue and one maintenance inhaler at no cost.
The bill requires insurance policies to cover asthma inhalers at no cost, as prescribed by a licensed healthcare provider. This includes coverage for one rescue and one maintenance inhaler, without deductibles, copays, or coinsurance. The coverage applies to policies that provide medical, major medical, or comprehensive-type coverage and prescription drug coverage. The bill also applies to group or blanket accident and health insurance policies, medical expense indemnity corporations, and health service corporations. These entities must provide coverage for asthma inhalers as prescribed by a licensed healthcare provider, without cost-sharing requirements. The bill takes effect on January 1, 2027, and applies to all policies and contracts issued, renewed, modified, or amended on or after that date.
| Nov. 21, 2025 | signed chap.504 |
| Nov. 17, 2025 | delivered to governor |
| Jun. 10, 2025 | RETURNED TO ASSEMBLY |
| Jun. 10, 2025 | PASSED SENATE |
| Jun. 10, 2025 | 3RD READING CAL.1525 |
STATE OF NEW YORK ________________________________________________________________________ 128 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. GONZALEZ-ROJAS, PAULIN, SAYEGH, EPSTEIN, HEVESI, SHRESTHA, SIMON, JACKSON, ZACCARO, LUNSFORD, DAVILA, DE LOS SANTOS, MAMDANI -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to requiring coverage of asthma inhalers at no cost 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 40 to read as follows: 3 (40) (A) Every policy which provides medical coverage that includes 4 coverage for physician services in a physician's office and every policy 5 which provides major medical or similar comprehensive-type coverage 6 shall include coverage for inhalers for the treatment of asthma if 7 recommended or prescribed by a physician or other licensed health care 8 provider legally authorized to prescribe under title eight of the educa- 9 tion law. 10 (B) Such coverage shall not be subject to a deductible, copayment, 11 coinsurance or any other cost-sharing requirement. 12 § 2. Subsection (l) of section 3221 of the insurance law is amended by 13 adding a new paragraph 23 to read as follows: 14 (23) (A) Every group or blanket accident and health insurance policy 15 issued or issued for delivery in this state which provides medical 16 coverage that includes coverage for physician services in a physician's 17 office and every policy which provides major medical or similar compre- 18 hensive-type coverage shall include coverage for inhalers for the treat- 19 ment of asthma if recommended or prescribed by a physician or other 20 licensed health care provider legally authorized to prescribe under 21 title eight of the education law. 22 (B) Such coverage shall not be subject to a deductible, copayment, 23 coinsurance or any other cost-sharing requirement. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00983-01-5A. 128 2 1 § 3. Section 4303 of the insurance law is amended by adding a new 2 subsection (ww) to read as follows: 3 (ww) (1) A medical expense indemnity corporation or a health service 4 corporation which provides medical coverage that includes coverage for 5 physician services in a physician's office and every policy which 6 provides major medical or similar comprehensive-type coverage shall 7 include coverage for inhalers for the treatment of asthma if recommended 8 or prescribed by a physician or other licensed health care provider 9 legally authorized to prescribe under title eight of the education law. 10 (2) Such coverage shall not be subject to a deductible, copayment, 11 coinsurance or any other cost-sharing requirement. 12 § 4. This act shall take effect immediately and shall apply to all 13 policies and contracts issued, renewed, modified, altered, or amended on 14 or after such date.