Requires commercial insurers to make available an option to parents/guardians to cover their mentally or physically challenged dependents

3 Co-sponsors

• Eric Adams
• Carl Kruger
• Antoine M. Thompson

Title of bill

An act to amend the insurance law, in relation to insurance coverage for mentally or physically disabled dependents

Purpose or general idea of bill

This bill expands access to health insurance by amending Insurance Law allowing mentally and or physically challenged people, regardless of age, to be covered under a parent's group health insurance policy. This bill also removes the ambiguity of the responsibilities of the insurance carrier by removing the phrase, "family contract" may include, at the option of the insurer, and replace it with "family contract", "shall include" in Insurance Law. Furthermore, this bill will protect all people deemed disabled at any age and remove the section of the law that states, or physical handicap and who became so incapable prior to attainment of the age at which dependent coverage would otherwise terminate of the same section and replace it with. "family contract" shall include any other unmarried person, regardless of age, who is incapable of self-sustaining employment attributed to a physical handicap, reason of mental illness, developmental disability, or mental retardation, as defined in the mental hygiene law, so that such person may be considered a dependent.

Summary of specific provisions

Insurance Law § 4304 Individual contracts, (d)(1)(A) this bill amends Insurance Law to require commercial insurers to make available an option for parents/guardians purchasing family Health insurance policies through their employer's to cover their mentally and or physically challenged dependants age not limited. This bill would allow parents to extend their current health insurance coverage provided by an employer for the care of a person that is dependant on a parent/guardian attributable to disabilities. The young adults must not be eligible for coverage under their own employer sponsored insurance and they must be determined to be mentally and or physically challenged to the point where that person is unable, regardless of age, to work, live independently, and provide medical insurance for oneself. It negates limiting age of any manner when dealing with people that have been determined to meet the above mentioned criteria. The option must be extended at policy inception and at the first anniversary date following the effective date of the provisions. This approach to working with high needs people/children can also reduce state expenditures to those government funded facilities, This bill is not intended to meet the needs of all people diagnosed with specific conditions. It does not relieve Mental Health Departments from providing the necessary services to those individuals that have been deemed to have a mental condition such as depression, manic depression, and/or been diagnosed with bi-polar syndrome or any condition that can be treated, or controlled through the use of medication. In other words, people with such conditions that can and should be treated through medications that permit a person the capability to function normally, live on their own, and hold a job will not be covered by this bill.