New York 2025-2026 Regular Session

New York Senate Bill S03185

Introduced
1/24/25  
Refer
1/24/25  
Report Pass
5/5/25  

Caption

Provides outpatient insurance coverage for non-pharmacological treatments and non-opioid drugs for chronic pain.

Summary

This bill would require most New York health insurance policies and contracts that cover pain treatment to include outpatient coverage for at least three non-pharmacological treatments for chronic pain and at least two FDA-approved non-opioid drugs for acute or chronic pain. The required non-pharmacological options must include at least one restorative treatment, one behavioral treatment, and one complementary treatment, with examples such as massage therapy, cognitive behavioral therapy, and acupuncture. Coverage for these services must be comparable to coverage for other covered benefits and for services provided by licensed professionals. The bill also prohibits insurers from imposing financial requirements or treatment limits on non-opioid pain treatment that are more restrictive than those applied to substantially all medical benefits or to opioid-based pain treatment. It further bars insurers from disadvantaging non-opioid drugs relative to opioid or narcotic drugs through preferred-drug designations, prior authorization, step therapy, or similarly restrictive utilization controls. The bill defines key terms such as chronic pain, acute pain, financial requirement, and treatment limitation, and it applies to individual, group, blanket, and certain nonprofit health plans issued or renewed on or after the effective date.

Impact

The bill amends multiple sections of the New York Insurance Law, including sections 3216, 3221, and 4303, to create a uniform outpatient coverage mandate for pain treatment across individual, group, blanket, and certain corporation-issued health plans. It would expand required insurance benefits and limit insurers’ ability to use cost-sharing, prior authorization, step therapy, network restrictions, or formulary placement to make non-opioid pain treatments less accessible than opioid alternatives. The act would take effect on January 1 following enactment and apply to policies and contracts issued, renewed, modified, altered, or amended on or after that date.

Sentiment

The available voting history suggests strong support for the bill in committee, with the Senate Insurance Committee approving it 11-0 on May 5, 2025. No committee transcript excerpts were provided, so there is no recorded floor or committee debate to indicate broader opposition or support beyond the unanimous committee vote. Overall, the bill appears to have been received favorably as a patient-access and opioid-alternative measure.

Contention

The main policy issue embedded in the bill is how far insurers should be required to go in covering non-opioid and non-pharmacological pain treatments on terms equal to opioid-based care. Potential points of contention include the cost impact on insurers, the scope of mandated benefits, and whether the bill’s restrictions on prior authorization, step therapy, and formulary placement limit plan design flexibility. Supporters would likely emphasize improved access to safer pain-management options and reduced reliance on opioids, while critics may focus on premium effects and administrative constraints on utilization management.

Companion Bills

NY A01921

Same As Provides outpatient insurance coverage for non-pharmacological treatments and non-opioid drugs for chronic pain.

Previously Filed As

NY A01921

Provides outpatient insurance coverage for non-pharmacological treatments and non-opioid drugs for chronic pain.

NY HB1318

renewing the committee to study non-pharmacological treatment options for patients with chronic pain.

NY HB241

(New Title) relative to health insurance coverage of pain management services for the management of chronic pain.

NY S863

Relative to non-opioid options for chronic pain

NY HB1765

Health insurance; coverage for non-opioid prescription drugs.

NY HB516

Health insurance; coverage for non-opioid prescription drugs.

NY HB2364

Prohibiting certain health insurers from requiring cost-sharing for nonopioid prescription drugs or providing less favorable coverage for such drug than that for opioid or narcotic prescription drugs for the treatment of pain.

NY HB2642

Creates provisions relating to insurance coverage of alternatives to opioid drugs

NY SB006

Parity for Non-Opioid Pain Management Drugs

NY HB1416

Non-opioid treatment; terms; preferred drug lists; discretion; drug treatment; United States Food and Drug Administration; coverage; non-opioid drugs; reimbursement; effective date.

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