What's happening
This bill requires insurance policies covering contraception to also cover emergency contraception and mandates public health information on its use and availability.
Why it matters
Expands insurance coverage. By mandating that all insurance policies covering contraception must also cover emergency contraception—whether prescription or over-the-counter—the bill ensures broader, more equitable access to a wider range of reproductive health options.
Clarifies what counts as emergency contraception. The bill specifically defines emergency contraception to include both prescription and non-prescription drugs approved by the FDA, closing gaps that might have previously excluded newer or over-the-counter products from coverage.
Improves public health awareness. The amendment to public health law requires that official health information include details about emergency contraception—such as its safety, effectiveness, proper use, and how to obtain it—helping individuals make informed decisions and reducing misinformation.
Reduces logistical barriers. By requiring coverage even when emergency contraception is obtained without a prescription, the bill addresses real-world obstacles like time sensitivity and pharmacy access, making it easier for people to use emergency contraception when it's most needed.
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Who cares
Headline styles
Expand Emergency Contraception Access
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to insurance
- Reported and committed to health
- Notice of committee consideration - requested
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Emergency Contraception Access
In Assembly Committee · Insurance · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3790
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sen. KRUEGER -- 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 public health law, in relation to providing for dispensing emergency contraception under certain conditions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3216 of the insurance law is amended by adding a new subsection (n) to read as follows:
(n)(1) Any policy under this article that covers contraception when provided pursuant to a prescription, shall cover emergency contraception when provided pursuant to an ordinary prescription or order under section sixty-eight hundred thirty-one of the education law and when lawfully provided other than through a prescription or order.
(2) For purposes of this subsection, "emergency contraception" means one or more prescription or non-prescription drugs, used separately or in combination, in a dosage and manner for preventing pregnancy when used after intercourse, found safe and effective for that use by the United States food and drug administration, and dispensed or administered for that purpose.
§ 2. Section 3221 of the insurance law is amended by adding a new subsection (t) to read as follows:
(t)(1) Any policy under this article that covers contraception when provided pursuant to a prescription, shall cover emergency contraception when provided pursuant to an ordinary prescription or order under section sixty-eight hundred thirty-one of the education law and when lawfully provided other than through a prescription or order.
(2) For purposes of this subsection, "emergency contraception" means one or more prescription or non-prescription drugs, used separately or in combination, in a dosage and manner for preventing pregnancy when used after intercourse, found safe and effective for that use by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05967-01-7
S. 3790 2
United States food and drug administration, and dispensed or administered for that purpose.
§ 3. Section 4304 of the insurance law is amended by adding a new subsection (n) to read as follows:
(n)(1) Any policy under this article that covers contraception when provided pursuant to a prescription, shall cover emergency contraception when provided pursuant to an ordinary prescription or order under section sixty-eight hundred thirty-one of the education law and when lawfully provided other than through a prescription or order.
(2) For purposes of this subsection, "emergency contraception" means one or more prescription or non-prescription drugs, used separately or in combination, in a dosage and manner for preventing pregnancy when used after intercourse, found safe and effective for that use by the United States food and drug administration, and dispensed or administered for that purpose.
§ 4. Subdivision 1 of section 207 of the public health law is amended by adding a new paragraph (n) to read as follows:
(n) Emergency contraception, including information about its safety, efficacy, appropriate use and availability.
§ 5. This act shall take effect on the one hundred eightieth day after it shall have become a law; and sections one, two and three of this act shall apply to policies and contracts issued, renewed, modified, altered or amended on or after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the insurance law and the public health law, in relation to providing for dispensing emergency contraception under certain conditions
Purpose or general idea of bill
To make emergency contraception drugs purchased over-the-counter without a medical prescription covered by insurance companies.
Summary of specific provisions
Section 1 adds a new subsection (n) to section 3216 of the insurance law, to provide that emergency contraception drugs purchased over-the-counter without a medical prescription shall be covered by individually purchased insurance plans.
Section 2 adds a new subsection (t) to section 3221 of the insurance law, to provide that emergency contraception drugs purchased over-the-counter without a medical prescription shall be covered by group purchased insurance plans, such as insurance plans provided through employment.
Section 3 adds a new subsection (n) to section 4304 of the insurance law, to provide that emergency contraception drugs purchased over-the-counter without a medical prescription shall be covered by individual insurance plans contracted with private corporations, such as insurance plans provided by non-profit organizations.
Section 4 adds a new paragraph (n) to subdivision 1 of section 207 of the public health law, to include emergency contraception within the Health Care and Wellness Education and Outreach Program. The Department of Health may conduct education and outreach programs for consumers, patients, educators, including but not limited to elementary and secondary school educators, and health care providers relating to any health care matters the commissioner deems appropriate.
Section 5 provides the effective date.
Justification
The Federal government has made the over-the-counter purchase of certain emergency contraception (EC) drugs available to all ages. Currently, women must pay 'out-of-pocket' when purchasing emergency contraceptive drugs over-the-counter. This is cost prohibitive for some, especially for young, underage women or women with lower incomes.
However, under the Federal Affordable Care Act, insurance companies are required to cover EC drugs approved by the U.S. Food and Drug Administration without cost sharing when the purchase is made under a prescription. EC is a time-sensitive medication and is most effective in preventing pregnancy the sooner it is taken after unprotected sex, birth control failure, or sexual assault. When women cannot obtain a prescription in a timely manner, such as on the weekend, they must purchase EC over-the-counter. As a result women must pay "out-of-pocket' when purchasing EC drugs over-the-counter even though their insurance covers the drug with a prescription.
This bill will require health insurance companies to provide coverage for EC drugs purchased over-the-counter, including those drugs legally purchased without a medical prescription. It therefore fulfills the goal of allowing women to access the drug through their insurance without cost-sharing.
Fiscal implications
None to the state.
Effective date
This act shall take effect 180 days after it shall have become a law; and sections one, two and three of this act shall apply to policies and contracts issued, renewed, modified, altered or amended on or after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.