New York 2025-2026 Regular Session

New York Senate Bill S04122

Introduced
2/3/25  
Refer
2/3/25  

Caption

Clarifies that the New York state health insurance program remains subject to certain provisions of the financial services law and coverage for usual and customary costs for out-of-network health care service.

Summary

This bill amends the Civil Service Law provisions governing the New York State Health Insurance Program (NYSHIP) and related employee health benefits. It clarifies that health insurance coverage mandated by law, rule, or regulation must continue without interruption and expressly includes a reimbursement standard for out-of-network care at no less than 80 percent of the usual and customary cost. The bill defines “usual and customary cost” by reference to the 80th percentile of charges in a benchmarking database maintained by a nonprofit organization specified by the superintendent of financial services. The bill also revises the section of law governing health benefits under collective bargaining agreements to allow the president, with budget approval, to extend benefits to other employees, but only if doing so does not diminish current existing benefits for employees not covered by the agreement. The measure takes effect immediately and is intended to preserve existing benefit levels while clarifying how NYSHIP-related coverage and reimbursement rules operate under state law.

Impact

The bill would amend sections 161-a and 162 of the Civil Service Law, affecting how the state administers health benefits for public employees and participants in NYSHIP. It reinforces that mandated coverage remains subject to the referenced insurance-law protections and adds a statutory reimbursement floor for out-of-network services, which could affect plan design, provider reimbursement, and employee cost-sharing. It also limits the state’s ability to extend negotiated benefits to other employees if that would reduce existing benefits, thereby protecting current benefit levels for non-covered employees.

Sentiment

No committee transcripts or recorded votes are provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text and caption, the measure appears to be framed as a technical clarification and benefit-protection bill rather than a major policy overhaul. The overall tone of the proposal is protective of existing health coverage and reimbursement standards.

Contention

The main likely point of contention is the out-of-network reimbursement requirement, especially the use of an 80th-percentile benchmark tied to a nonprofit database and the superintendent of financial services. Insurers, the state, or budget officials could view this as increasing costs or constraining plan flexibility, while employee organizations and covered workers would likely support it as a safeguard against inadequate reimbursement. A second possible issue is the restriction on extending benefits in a way that would diminish existing benefits, which could limit administrative or bargaining flexibility.

Companion Bills

NY A08500

Same As Clarifies that the New York state health insurance program remains subject to certain provisions of the financial services law and coverage for usual and customary costs for out-of-network health care service.

Previously Filed As

NY A08500

Clarifies that the New York state health insurance program remains subject to certain provisions of the financial services law and coverage for usual and customary costs for out-of-network health care service.

NY HB758

Revise health care laws relating to out-of-network services

NY SB846

Enacts provisions relating to insurance coverage of health care services

NY SB1705

Creates provisions relating to insurance coverage of preventative healthcare services

NY HB124

Insurance; require coverage for healthcare services for pediatric autoimmune neuropsychiatric disorders; provisions

NY H0425

Coverage for Out-of-network Ground Ambulance Emergency Services

NY HB1468

Health insurance; coverage for doula care services.

NY SB1229

Enacts provisions relating to health insurance coverage of maternity services

NY HB3450

Creates provisions relating to insurance coverage of preventive health care services

NY HB1294

To Allow An Ambulance Service To Order Certain Types Of Healthcare Services Without A Referral From A Physician; And To Mandate Insurance Coverage For An Ambulance Service To Order Certain Types Of Healthcare Services.

Similar Bills

No similar bills found.