BILL NUMBER: S5013
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the insurance law, in relation to requiring health
insurers to provide coverage for opioid antagonists and devices
 
PURPOSE:
This bill requires health insurers to provide coverage for opioid antag-
onists and devices.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 3216 of the insurance law by adding a new para-
graph 40.
Section 2 amends subsection 1 of section 3221 of the insurance law by
adding a new paragraph 7-c.
Section 3 amends section 4303 of the insurance law by adding a new
subsection ww.
Section 4 sets forth the effective date.
 
JUSTIFICATION:
In 2021, the number of deaths from overdoses surged to nearly 107,000
nationally and more than 5,800 in New York. The most immediate concern
with addressing this public health crisis is saving lives, and to do
that we need to ensure that any New Yorker who wants to equip themselves
with a lifesaving opioid antagonist, either for themselves or for some-
one else, can do that. Currently, under threat of audit from insurance
companies, pharmacies are often only selling opioid antagonists to indi-
viduals who are purchasing an opioid antagonist for personal use. The
deadly consequence of this crackdown is that New Yorkers are often
prevented from saving the life of another.
This legislation will require that every policy that provides coverage
for prescription drugs shall include coverage for at least one opioid
antagonist and device. Critically, the coverage must include opioid
antagonists intended for use on patients other than the insured. This
bill empowers those seeking to be proactive in protecting the life of
someone they believe to be at risk, and helps expand New York State's
overdose prevention network.
 
LEGISLATIVE HISTORY:
2023-2024: S5380 - Died in Insurance
2021-2022: S6733/A3697 - Died in Insurance
2019-2020: A2773 - Died in Insurance
2017-2018: S8891/A10622 - Died in Insurance/Died in Health
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

Statutes affected:
S5013: 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(l) insurance law, 4303 insurance law