What's happening
This bill requires insurance policies in New York to cover mental health services for children under 18 with no extra cost sharing.
Why it matters
Removes financial barriers for families. By mandating that there be no additional cost sharing, the bill ensures that families won’t face extra out-of-pocket expenses (like copays or deductibles) when seeking mental health services for children, making care more affordable and accessible.
Guarantees parity for children’s mental health. The bill requires insurance coverage for mental, nervous, or emotional disorders in children to be at least equal to coverage for other health conditions, addressing historic disparities in how mental health is treated by insurance plans.
Extends coverage to a wide range of conditions and settings. The legislation specifically includes biologically based mental illnesses and serious emotional disturbances, and applies to treatment in both state-run and local psychiatric facilities, broadening the safety net for children in crisis or with ongoing mental health needs.
Applies to nearly all health insurance policies. By amending multiple sections of the insurance law, the bill covers group and individual policies, as well as health service contracts—meaning its impact would be felt across most privately insured children in New York State.
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Who cares
Children under 18 and their families
The bill would require coverage for mental health diagnosis and treatment at specified state and local psychiatric facilities, with no additional cost sharing beyond the policy’s existing mental health coverage.
Health insurers and health plans
Comprehensive medical policies and contracts would have to provide the required coverage when issued, delivered, renewed or modified on or after the bill’s effective date.
Office of Mental Health psychiatric centers
The bill would require coverage for children’s mental health services at centers under the agency’s jurisdiction.
Local governments operating psychiatric inpatient facilities
The coverage requirement would extend to children’s mental health diagnosis and treatment at psychiatric inpatient facilities maintained by political subdivisions of the state.
Headline styles
Cover Kids' Mental Health
Plain English, a few words. Used as the page title.
Sponsors
11 Co-sponsors
1 Multi-sponsor
History
- Referred to insurance
- Referred to insurance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3046
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. MAGNARELLI, JONES, COOK, COLTON, SIMON, JAFFEE, BLAKE, DE LA ROSA, ORTIZ, GOTTFRIED, BARRETT, D'URSO -- Multi-Sponsored by -- M. of A. NOLAN -- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to coverage for children for services related to the diagnosis and treatment of mental, nervous or emotional disorders or ailments
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subsection (i) of section 3216 of the insurance law is amended by adding a new paragraph 35 to read as follows:
(35) (A) Every policy that provides medical, major medical or similar comprehensive-type coverage, shall provide coverage for children for services related to the diagnosis and treatment of mental, nervous or emotional disorders or ailments, including but not limited to biologically based mental illnesses as defined by subparagraph (B) of paragraph five of subsection (l) of section three thousand two hundred twenty-one of this article and children with serious emotional disturbances as defined by subparagraph (C) of paragraph five of subsection (l) of section three thousand two hundred twenty-one of this article, in a psychiatric center under the jurisdiction of the office of mental health or other psychiatric in-patient facility in the department, and a psychiatric in-patient facility maintained by a political subdivision of the state for the care or treatment of the mentally ill. Coverage required under this paragraph must be at least equal to coverage provided in such policy for the diagnosis and treatment of mental, nervous or emotional disorders or ailments with no additional cost sharing.
(B) For the purposes of this paragraph, the term "children" shall mean any person under the age of eighteen years.
§ 2. Subsection (l) of section 3221 of the insurance law is amended by adding a new paragraph 5-a to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00194-01-9
A. 3046 2
(5-a) (A) Every policy that provides medical, major medical or similar comprehensive-type coverage, shall provide coverage for children for services related to the diagnosis and treatment of mental, nervous or emotional disorders or ailments, including but not limited to biologically based mental illnesses as defined by subparagraph (B) of paragraph five of this subsection and children with serious emotional disturbances as defined by subparagraph (C) of paragraph five of this subsection, in a psychiatric center under the jurisdiction of the office of mental health or other psychiatric in-patient facility in the department, and a psychiatric in-patient facility maintained by a political subdivision of the state for the care or treatment of the mentally ill. Coverage required under this paragraph must be at least equal to coverage provided in such policy for the diagnosis and treatment of mental, nervous or emotional disorders or ailments with no additional cost sharing.
(B) For the purposes of this paragraph, the term "children" shall mean any person under the age of eighteen years.
§ 3. Section 4303 of the insurance law is amended by adding a new subsection (g-1) to read as follows:
(g-1) (1) Every contract that provides medical, major medical or similar comprehensive-type coverage, shall provide coverage for children for services related to the diagnosis and treatment of mental, nervous or emotional disorders or ailments, including but not limited to biologically based mental illnesses as defined by subparagraph (B) of paragraph two of subsection (g) of this section and children with serious emotional disturbances as defined by paragraph three of subsection (g) of this section, in a psychiatric center under the jurisdiction of the office of mental health or other psychiatric in-patient facility in the department, and a psychiatric in-patient facility maintained by a political subdivision of the state for the care or treatment of the mentally ill. Coverage required under this paragraph must be at least equal to coverage provided in such policy for the diagnosis and treatment of mental, nervous or emotional disorders or ailments with no additional cost sharing.
(2) For the purposes of this subsection, the term "children" shall mean any person under the age of eighteen years.
§ 4. This act shall take effect immediately and shall apply to any policy issued, delivered, renewed, and/or modified on or after the effective date of this act.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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