New York 2025-2026 Regular Session

New York Assembly Bill A05389

Introduced
2/13/25  
Refer
2/13/25  

Caption

Requires all policies that provide coverage for inpatient hospital care to include benefits for child and family treatment and support services and children's home and community based services.

Summary

A05389 would amend New York’s insurance law to require certain health insurance policies and contracts that already cover inpatient hospital care to also cover two additional categories of behavioral health and support services: child and family treatment and support services, and children’s home and community based services. The bill makes parallel changes to three insurance law provisions governing individual, group, and nonprofit health insurance coverage, so the mandate would apply across a broad range of policies that include inpatient hospital benefits. The bill also preserves the existing framework that requires coverage for a range of mental health and crisis services, such as inpatient and outpatient psychiatric care, crisis stabilization, mobile crisis intervention, critical time intervention, and assertive community treatment. It specifies that the new coverage requirement would apply to policies and contracts issued, renewed, amended, modified, or altered on or after January 1, 2026, with coordination language tied to related 2023 insurance law amendments.

Impact

If enacted, the bill would expand mandated health insurance benefits in New York by adding child- and family-focused treatment and home-based services to the list of covered inpatient-hospital-related mental health benefits. Insurers offering policies or contracts with inpatient hospital coverage would need to include these services, which could increase access to community-based and family-centered behavioral health care for children while also potentially increasing plan costs and administrative obligations. The bill amends sections 3216, 3221, and 4303 of the Insurance Law, affecting individual, group, and nonprofit health insurance coverage.

Sentiment

The bill text and caption indicate a supportive policy direction toward expanding behavioral health coverage for children and families, with an emphasis on community-based treatment rather than institutional care. No committee transcript or vote record is provided, so there is no documented opposition or floor debate in the supplied materials. Based on the bill’s structure, the measure appears to be framed as a coverage expansion consistent with existing mental health parity and service-mandate policies in New York.

Contention

The main likely point of contention is the insurance mandate itself: insurers and other payors may object to the added coverage requirement because it can raise premiums, expand utilization, and create implementation costs. Another possible issue is the scope of the new benefits, since the bill requires coverage for specific child and family services and children’s home and community based services across policies that already cover inpatient hospital care. Supporters would likely emphasize improved access to early intervention, family support, and home-based care for children with behavioral health needs, while critics may focus on cost and mandate expansion.

Companion Bills

NY S05114

Same As Requires all policies that provide coverage for inpatient hospital care to include benefits for child and family treatment and support services and children's home and community based services.

Previously Filed As

NY S05114

Requires all policies that provide coverage for inpatient hospital care to include benefits for child and family treatment and support services and children's home and community based services.

NJ S1087

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

NY S09507

Provides additional support to medically fragile children who rely on community-based or home health services.

NY A08604

Provides additional support to medically fragile children who rely on community-based or home health services.

NY A09686

Requires insurance and Medicaid coverage for inpatient and outpatient substance abuse treatment for a period of not less than forty-five days.

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.

NJ A3122

Requires health benefits coverage for family planning and reproductive health care services, including early infancy care, without cost sharing.

NY S09275

Requires Medicaid to cover gender-affirming care regardless of federal funding; prohibits discriminatory practices by health care entities including hospitals, certain professionals, and insurers; requires insurance coverage for services or treatments for gender dysphoria or gender incongruence.

OR SB539

Relating to fees charged for services provided in hospital-based facilities.

Similar Bills

No similar bills found.