NY LEG Biomarker Precision Testing


On Jan. 29, NY LEG passed bill re Medicaid, health insurer coverage.


  • NY LEG passed bill A08502/S08040 for insurers, Medicaid to cover biomarker testing.
  • Amends Ch 754 of 2023 Laws (bills S1196-A/A1673-A) re biomarker testing, #175635.
  • Ch 754 had amended NY INS 28-32-3216, NY INS 28-32-3221, NY INS 28-43-4303 to require health policies, Medicaid to cover biomarker testing, effective Apr. 1, 2024.
  • This bill makes additional technical changes, ensures coverage of biomarker precision tests whose efficacy is recognized by peer-reviewed studies, extends effective date.
  • Bill Provisions
  • Health insurance policy or Medicaid must cover biomarker precision medical testing.
  • Language added to law to specify precision medical testing be covered by a policy.
  • Applicable to every policy to guide treatment for insured's diagnosis and/or condition.
  • Removes requirement for covered person and prescribing practitioner to have access to clear, readily accessible and convenient process to request exception to coverage.
  • Removes language that biomarkers are not used to assess how a patient feels, functions, or survives; and language re types of biomarker, e.g., molecular, histologic.
  • Ensures coverage of biomarker precision medical tests whose efficacy, appropriateness are recognized by peer-reviewed literature and peer-reviewed scientific studies.
  • That are published in medical journals that meet nationally recognized requirements.
  • Extends effective date of Ch 754 of Laws of 2023, from Apr. 1, 2024 to Jan. 1, 2025.
  • Legislative History
  • On Jan. 4, 2024, bill introduced in Assembly; on Jan. 23, 2024, bill passed Assembly.
  • On Jan. 23, 2024, bill introduced in Senate; on Jan. 29, 2024, bill passed in Senate.
  • Effectiveness
  • Sections 1-4 effective with Ch. 754 2023 laws (S1196-A, A1673-A), on Jan. 1, 2025.
  • In effect Jan. 1, 2025 for policies/contracts issued or renewed on or after said date.
  • Feb. 2024 NY LEG Governor Approval
  • On Feb. 7, 2024, NY LEG governor approved bill A08502/S08040, signed as Ch. 29.

Regulators NY LEG
Entity Types Ins
Reference Ch. 29, 2/7/2024; Bill A08502, S08040, 1/29/2024; Citation: *NY INS* 28-32-3216, 28-32-3221, 28-43-4303;
Functions Claims/Accelerated Benefits; Compliance; Product Administration
Countries United States of America
Category
State
Products Critical Illness; Insurance; Insurance-Health
Regions Am
Rule Type Final
Rule Date 1/29/2024
Effective Date 1/1/2025
Rule Id 199569
Linked to Rule :175635
Reg. Last Update 2/7/2024
Report Section US Insurance

Last substantive update on 02/09/2024