BILL NUMBER: S8334
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the insurance law and the social services law, in
relation to insurance reimbursement for vaccination for severe acute
respiratory syndrome coronavirus 2
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would include vaccines against SARS CoVID-2 virus on the list
of vaccines which the Commissioner of Insurance must mandate for cover-
age by health insurance providers within the State of New York and
Include vaccines against SARS CoVID-2 virus on on the list of what Medi-
caid must cover for an enrollee who receives such a vaccine at a pharma-
cy
 
SUMMARY OF PROVISIONS:
Section One. Amends Clause (iii) of subparagraph (B) of paragraph 17 of
subsection (i) of section 3216 of the insurance law, covering for-profit
individual health plans.
Section Two. Amends Clause (iii) of subparagraph (B) of paragraph 8 of
subsection (I) of section 3221 of the insurance law, covering for-profit
group plans.
Section Three. Amends Subparagraph (C) of paragraph 2 of subsection (j)
of section 4303 of the insurance law, covering nonprofit health plans
and health maintenance organizations (HMOs).
Section Four. Amends Paragraph (v) of subdivision 2 of section 365-a of
the social services law, covering Medicaid.
Section Five. Provides for an effective date
 
JUSTIFICATION:
In light of recent and conflicting guidance from the U.S. Department of
Health and Human Services (HHS)-which has modified its COVID-19 vaccine
recommendations by no longer advising routine vaccination for healthy
children and pregnant individuals-it is imperative for New York State to
enact legislation that ensures health insurance providers continue to
cover the COVID-19 vaccine. This mixed messaging from federal health
authorities risks undermining public confidence and access, making it
all the more essential for the state to step in to safeguard public
health, maintain equitable vaccine access, and uphold its commitment to
preventive care.
Despite the HHS's updated stance, COVID-19 continues to pose significant
health risks. Children, while generally experiencing milder symptoms,
can still suffer severe outcomes and contribute to community trans-
mission. Pregnant individuals face increased risks of complications from
COVID-19, and vaccination has been shown to confer protective benefits
to both mothers and their infants. State-level legislation ensuring
vaccine coverage reinforces New York's proactive approach to mitigating
these risks and protecting vulnerable populations.
The HHS's decision may lead to inconsistencies in vaccine availability
and coverage across states. By proactively legislating insurance cover-
age for the COVID-19 vaccine, New York can preempt potential gaps
resulting from reduced federal support, ensuring continuity in vaccine
access and public health initiatives.
State legislation mandating insurance coverage for COVID-19 vaccines can
bolster public confidence in vaccination programs. It sends a clear
message about the state's trust in the safety and efficacy of vaccines,
countering potential misinformation and hesitancy that may arise from
changing federal guidelines.
In response to the HHS's revised COVID-19 vaccine recommendations, it is
crucial for New York State to enact legislation that mandates health
insurance coverage for the vaccine. Such action will ensure equitable
access, protect public health, uphold preventive healthcare standards,
address potential federal support gaps, and reinforce public confidence
in vaccination efforts. By taking this step, New York reaffirms its
commitment to the health and well-being of all its residents.
 
PRIOR LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the first of January after it shall have
become a law

Statutes affected:
S8334: 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(l) insurance law, 4303 insurance law, 4303(j) insurance law, 365-a social services law, 365-a(2) social services law