New York S 10136: Relates to capping cost sharing for antiviral COVID-19 therapeutics

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S10136 Summary:

BILL NOS10136 

&nbsp

SAME ASNo Same As

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SPONSORBOTTCHER

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §§3216, 3221 & 4303, Ins L; amd §365-a, Soc Serv L

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Requires insurance companies, medical expense indemnity corporations, hospital service corporations, health service corporations and medical assistance programs to provide coverage for prescribed antiviral therapeutics approved by the food and drug administration for the treatment of COVID-19 at no cost to the patient.

Go to top S10136 Actions:

BILL NOS10136 

&nbsp

04/30/2026REFERRED TO INSURANCE

Go to topS10136 Committee&nbspVotes:

Go to topS10136 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10136 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10136

 IN SENATE

 April 30, 2026
 ___________

 Introduced by Sen. BOTTCHER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Insurance

 AN ACT to amend the insurance law and the social services law, in
 relation to capping cost sharing for antiviral COVID-19 therapeutics

 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 42 to read as follows:
 3 (42) (A) Every policy that provides coverage for prescription drugs
 4 shall provide coverage for antiviral therapeutics approved or granted
 5 emergency use authorization by the food and drug administration for the
 6 treatment of COVID-19 when prescribed by a licensed health care provider
 7 legally authorized to prescribe under title eight of the education law.
 8 (B) Coverage under this paragraph shall not be subject to annual
 9 deductibles or coinsurance, provided, however, that an insured who is
 10 eligible for and able to obtain prescribed antiviral therapeutics at no
 11 cost or reduced cost under a manufacturer or government program may be
 12 required to use such program before using coverage required pursuant to
 13 this paragraph.
 14 § 2. Subsection (k) of section 3221 of the insurance law is amended by
 15 adding a new paragraph 24 to read as follows:
 16 (24) (A) Every group or blanket policy delivered or issued for deliv-
 17 ery in this state that provides coverage for prescription drugs shall
 18 provide coverage for antiviral therapeutics approved or granted emergen-
 19 cy use authorization by the food and drug administration for the treat-
 20 ment of COVID-19 when prescribed by a licensed health care provider
 21 legally authorized to prescribe under title eight of the education law.
 22 (B) Coverage under this paragraph shall not be subject to annual
 23 deductibles or coinsurance, provided, however, that an insured who is
 24 eligible for and able to obtain prescribed antiviral therapeutics at no
 25 cost or reduced cost under a manufacturer or government program may be
 26 required to use such program before using coverage required pursuant to
 27 this paragraph.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07443-02-6

 S. 10136 2

 1 § 3. Section 4303 of the insurance law is amended by adding a new
 2 subsection (yy) to read as follows:
 3 (yy) (1) Every contract issued by a medical expense indemnity corpo-
 4 ration, a hospital service corporation, or a health service corporation
 5 that provides coverage for prescription drugs shall provide coverage for
 6 antiviral therapeutics approved or granted emergency use authorization
 7 by the food and drug administration for the treatment of COVID-19 when
 8 prescribed by a licensed health care provider legally authorized to
 9 prescribe under title eight of the education law.
 10 (2) Coverage under this subsection shall not be subject to annual
 11 deductibles or coinsurance, provided, however, that an insured who is
 12 eligible for and able to obtain prescribed antiviral therapeutics at no
 13 cost or reduced cost under a manufacturer or government program may be
 14 required to use such program before using coverage required pursuant to
 15 this subsection.
 16 § 4. Subdivision 2 of section 365-a of the social services law is
 17 amended by ad