What's happening
This bill requires health insurance policies in New York to cover at least one early egg and one early peanut allergen introduction dietary supplement for infants.
Why it matters
Promotes early food allergy prevention. By requiring insurance coverage for early egg and peanut allergen introduction supplements, the bill aims to make it easier for families to follow medical guidelines shown to reduce the risk of developing food allergies in infants.
Reduces financial barriers for families. The bill ensures that the cost of these specific dietary supplements, when prescribed by a licensed health care provider, does not become a prohibitive expense for families seeking to protect their children from allergies.
Aligns insurance with evolving pediatric care. By mandating coverage for preventive dietary interventions, the legislation updates insurance requirements to reflect the latest understanding of food allergy prevention, potentially leading to long-term healthcare savings by reducing allergy rates.
Standardizes care across insurance types. The bill applies to individual, group, and comprehensive-type health policies, increasing equitable access to these preventive supplements regardless of the type of insurance a child’s family holds.
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Who cares
Families with infants
Those with qualifying insurance would gain coverage for prescribed early egg and peanut allergen introduction supplements intended to reduce food allergy risk.
Health insurers
Qualifying individual and group policies covering preventive and primary care would have to cover at least one eligible egg supplement and at least one eligible peanut supplement.
Health care practitioners treating infants
Their prescriptions, issued within their lawful scope of practice, would be required for supplements to qualify for coverage.
Allergen introduction supplement manufacturers
Products would need to meet the bill’s infant-safe protein requirements to qualify for the mandated coverage.
Headline styles
Insurance Must Cover Allergy Supplements
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to insurance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
812
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring certain types of insurance cover certain allergen introduction dietary supplements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 17 of subsection (i) of section 3216 of the insurance law is amended by adding a new subparagraph (G) to read as follows:
(G) In addition to subparagraph (A), (B), (C), (D), (E), or (F) of this paragraph, every policy that provides medical, major medical, or similar comprehensive-type coverage that provides coverage for the provision of preventative and primary care services shall provide coverage for at least one early egg allergen introduction dietary supplement and at least one early peanut allergen introduction dietary supplement. For the purposes of this subparagraph, the following terms shall have the following meanings:
(i) "early egg allergen introduction dietary supplement" means a dietary supplement as defined in Federal Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 321 that contains sufficient infant-safe, well-cooked egg protein to reduce the risk of food allergies and is prescribed to an infant by a health care practitioner licensed, certified, or authorized under title eight of the education law, and acting within their lawful scope of practice.
(ii) "early peanut allergen introduction dietary supplement" means a dietary supplement as defined in Federal Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 321 that contains sufficient infant-safe peanut protein to reduce the risk of food allergies and is prescribed to an infant by a health care practitioner licensed, certified, or authorized under title
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00860-01-5
eight of the education law, and acting within their lawful scope of practice.
§ 2. Paragraph 8 of subsection (l) of section 3221 of the insurance law is amended by adding a new subparagraph (H) to read as follows:
(H) In addition to subparagraph (A), (B), (C), (D), (E), (F), or (G) of this paragraph, every group policy that provides medical, major medical, or similar comprehensive-type coverage that provides coverage for the provision of preventative and primary care services shall provide coverage for at least one early egg allergen introduction dietary supplement and at least one early peanut allergen introduction dietary supplement. For the purposes of this subparagraph the following terms have the following meanings:
(i) "early egg allergen introduction dietary supplement" means a dietary supplement as defined in Federal Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 321 that contains sufficient infant-safe, well-cooked egg protein to reduce the risk of food allergies and is prescribed to an infant by a health care practitioner licensed, certified, or authorized under title eight of the education law, and acting within their lawful scope of practice.
(ii) "early peanut allergen introduction dietary supplement" means a dietary supplement as defined in Federal Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 321 that contains sufficient infant-safe peanut protein to reduce the risk of food allergies and is prescribed to an infant by a health care practitioner licensed, certified, or authorized under title eight of the education law, and acting within their lawful scope of practice.
§ 3. Subsection (j) of section 4303 of the insurance law is amended by adding a new paragraph 5 to read as follows:
(5) In addition to paragraph one, two, three or four of this subsection, every policy that provides medical, major medical, or similar comprehensive-type coverage that provides coverage for the provision of preventative and primary care services shall provide coverage for at least one early egg allergen introduction dietary supplement and at least one early peanut allergen introduction dietary supplement. For the purposes of this subsection the following terms shall have the following meaning:
(A) "early egg allergen introduction dietary supplement" means a dietary supplement as defined in Federal Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 321 that contains sufficient infant-safe, well-cooked egg protein to reduce the risk of food allergies and is prescribed to an infant by a health care practitioner licensed, certified, or authorized under title eight of the education law, and acting within their lawful scope of practice.
(B) "early peanut allergen introduction dietary supplement" means a dietary supplement as defined in Federal Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 321 that contains sufficient infant-safe peanut protein to reduce the risk of food allergies and is prescribed to an infant by a health care practitioner licensed, certified, or authorized under title eight of the education law, and acting within their lawful scope of practice.
§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to all policies and contracts issued, renewed, modified, altered, or amended on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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