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Bill > A08839


NY A08839

NY A08839
Prevents discrimination by insurers based on an individual's mental health or substance use disorder; incorporates into law federal enforcement rules set forth in the federal mental health parity and addiction equity act of 2008.


summary

Introduced
06/09/2025
In Committee
06/09/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the insurance law, in relation to preventing discrimination by insurers based on an individual's mental health or substance use disorder

AI Summary

This bill mandates that insurers provide equitable coverage for mental health and substance use disorder services by incorporating federal requirements from the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008. The bill requires insurers to provide meaningful benefits for mental health and substance use disorders in every classification where medical or surgical benefits are offered, without discrimination based on an individual's mental health history. Insurers must ensure that nonquantitative treatment limitations (such as medical necessity criteria or treatment protocols) are not more restrictive for mental health services compared to medical services. The bill introduces several key provisions, including requiring insurers to collect and evaluate data on treatment limitations, submit annual reports, and provide free-of-charge compliance analyses upon request. If an insurer fails to provide requested analyses, they may face penalties of $100 per day, and in some cases, adverse benefit determinations could be automatically reversed. The legislation applies to various types of insurance policies and gives the superintendent authority to adopt rules and guidance to implement these requirements, with the goal of ensuring fair and comprehensive mental health coverage.

Committee Categories

Business and Industry

Sponsors (4)

Last Action

referred to insurance (on 06/09/2025)

bill text


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