BILL NUMBER: S556
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the insurance law, in relation to coverage for treatment
of smoking cessation
 
PURPOSE:
To extend health insurance coverage to individuals for whom a physician
prescribes or orders smoking cessation treatment.
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 4303 of the Insurance Law by adding a new
subsection (oo) requiring hospital or health service corporations to
provide coverage for costs of any FDA-approved smoking cessation medica-
tion and recommended counseling that is ordered by a physician. Such
coverage may be limited to two quit attempts per year. Each quit attempt
will include ninety days of any FDA-approved cessation medications and
four counseling sessions without cost-sharing or prior authorization.
Section 2 amends subsection (i) of Section 3216 of the Insurance Law by
adding a new paragraph (34) which requires insurance policies to provide
coverage for costs of any FDA-approved smoking cessation medication and
recommended counseling that is ordered by a physician. Such coverage
may be limited to two quit attempts per year. Each quit attempt will
include ninety days of any FDA-approved cessation medications and four
counseling sessions without cost-sharing or prior authorization.
Section 3 amends subsection (1) of Section 3221 of the Insurance Law by
adding a new paragraph 20 requiring every group or blanket policy in New
York State providing hospital, surgical or medical coverage to include
coverage for costs of any FDA-approved smoking cessation medication and
recommended counseling that is ordered by a physician. Such coverage
may be limited to two quit attempts per year. Each quit attempt will
include ninety days of any FDA-approved cessation medications and four
counseling sessions without cost-sharing or prior authorization.
 
JUSTIFICATION:
Tobacco addiction is one of the costliest and most easily avoidable
public health problems, requiring Americans and their families to spend
millions of dollars every year for the illnesses that are caused by
smoking. Smoking cessation programs are currently covered by health
insurance under Affordable Care Act (ACA) law, but the future of the ACA
is uncertain. As the cost of cigarettes continues to rise, more New
Yorkers will want to stop smoking. This legislation will ensure that New
Yorkers who wish to quit smoking now and in the future will be able to
afford to participate in a smoking cessation program. Making smoking
cessation programs accessible will make it easier for people to stop
smoking, improve public health, and reduce health care e4erls0 associ-
ated with treating smoking-related illnesses.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S.137 died in the Insurance Committee
2021-2022: S.507 died in the Insurance Committee.
2019-2020: S.6022 died in the Insurance Committee.
2017-2018: S.4002 died in the Insurance Committee.
2015-2016: S.2884-A died in the Insurance Committee.
2013-2014: S.3132 died in the Insurance Committee; A.3778 died in the
Insurance Committee.
2011-2012: S.1792-A died in the Rules Committee; A.2620-A died in the
Insurance Committee.
 
FISCAL IMPLICATIONS:
It is expected that there will be no additional cost, as health insur-
ance providers are already required to cover the cost of smoking cessa-
tion programs.
 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall become a law
and shall apply to all policies and contracts issued, renewed, modified
or amended after such date.

Statutes affected:
S556: 4303 insurance law, 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(1) insurance law