New York 2025-2026 Regular Session

New York Assembly Bill A03767

Introduced
1/30/25  
Refer
1/30/25  

Caption

Prohibits the retrospective denial of payment for substance use disorder treatment services if an insured was covered for such services at the time treatment was initiated; requires insurers to notify a treatment provider when an insured has lost coverage based on termination of the insured's employment.

Summary

This bill would add a new section to the New York Insurance Law prohibiting insurers from retroactively denying payment for substance use disorder treatment services when the insured had coverage at the time treatment began and the provider verified that coverage with the insurer. In practical terms, if a patient starts treatment while covered, the insurer could not later refuse to pay solely because of a later eligibility issue discovered after the fact. The bill also requires insurers to promptly notify treatment providers when an insured loses coverage because of termination of employment. It specifies that a denial of coverage may be based on termination of employment, but not on suspension of employment, and it bars retrospective eligibility review if the insurer fails to provide immediate notice. The measure applies to the New York State Health Insurance Program and takes effect immediately upon enactment.

Impact

The bill would amend the Insurance Law by creating a new protection for substance use disorder treatment providers and patients against retroactive claim denials tied to coverage eligibility. It would shift responsibility to insurers to verify coverage at the start of treatment and to promptly communicate employment-based coverage loss, limiting later recoupment or denial actions based on eligibility disputes. The bill would affect private insurers and the New York State Health Insurance Program, and it would likely reduce payment uncertainty for addiction treatment providers.

Sentiment

The available materials suggest a generally supportive posture toward the bill, as reflected by its consumer- and provider-protective design and its focus on preserving access to substance use disorder treatment. No committee transcript or vote record is provided, so there is no documented opposition or recorded debate in the supplied materials. The bill’s framing indicates an emphasis on continuity of care and preventing unexpected coverage reversals.

Contention

The main policy issue raised by the bill is the balance between insurer eligibility enforcement and protection against retroactive denials. Insurers may be concerned about being required to pay claims when coverage later turns out to have ended, especially if notice of employment termination is delayed or incomplete. On the other hand, treatment providers and advocates for patients with substance use disorders are likely to support the bill because it prevents payment clawbacks after care has already begun and reduces interruptions in treatment.

Companion Bills

NY S02644

Same As Prohibits the retrospective denial of payment for substance use disorder treatment services if an insured was covered for such services at the time treatment was initiated; requires insurers to notify a treatment provider when an insured has lost coverage based on termination of the insured's employment.

Previously Filed As

NY S02644

Prohibits the retrospective denial of payment for substance use disorder treatment services if an insured was covered for such services at the time treatment was initiated; requires insurers to notify a treatment provider when an insured has lost coverage based on termination of the insured's employment.

OR HB4155

Relating to infertility.

MS HB40

Health insurance; require coverage of medically necessary treatment of mental health and substance use disorders.

NJ S1087

Requires Medicaid coverage for family-based counseling services provided as part of treatment for substance use disorder.

NJ A626

Increases access to substance use disorder treatment; Requires Medicaid coverage for substance use disorder services provided by community-based organizations.

NJ S2492

Increases access to substance use disorder treatment; Requires Medicaid coverage for substance use disorder services provided by community-based organizations.

WI SB342

Coverage of treatment for mental health or substance use disorders under health insurance policies and plans.

WI AB338

Coverage of treatment for mental health or substance use disorders under health insurance policies and plans.

NJ S1320

Requires health insurers to provide coverage for treatment of tick-borne diseases.

OK SB1646

Health insurance; requiring coverage of medically necessary treatment of mental health and substance use disorders; prohibiting certain limitations. Effective date.

Similar Bills

No similar bills found.