A 128 New York Assembly · 2025 Regular Session

Requires insurance coverage for inhalers at no cost

This bill requires most health insurance plans in New York to cover one rescue inhaler and one maintenance inhaler for asthma treatment at no cost to the patient. It applies to all medical, major medical, and comprehensive health insurance policies that cover prescription drugs, directly affecting asthma patients who rely on these medications. Insurers must provide this coverage without deductibles, copayments, or other cost-sharing, with a narrow exception only for high-deductible plans that would otherwise disqualify patients from health savings accounts. The law takes effect January 1, 2027, for all new or renewed policies.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Jun 2025
Assembly Passage
Jun 2025
Senate Passage
Jun 2025
Signed into Law
Nov 2025
Introduced Jan 8, 2025 Signed Nov 21, 2025
Maddy AI version diff · 1 comparison

What changed between versions

A128 A128A · 4 edits
MODERATE
This bill was amended to expand coverage requirements for asthma inhalers, clarify which policies are covered, and adjust the effective date. The changes make the law more specific about which inhalers are covered and add an exception for high-deductible health plans.
Scope change
The bill now explicitly covers policies that provide prescription drug coverage in addition to medical coverage, and adds a specific exception for high-deductible health plans.
REQUIREMENT

Coverage requirements now specify that policies must provide both medical coverage and prescription drug coverage to be subject to the asthma inhaler mandate.

Added a specific exception allowing high-deductible health plans to require patients to meet their annual deductible for asthma inhaler coverage if doing so would prevent eligibility for a health savings account.

Added language specifying that coverage includes one form of rescue inhaler and one form of maintenance inhaler.

TIMELINE

The effective date was changed from immediate to January 1, 2027, giving insurers more time to adjust their policies.

Floor votes · Senate Jun 10, 2025 · Assembly Jun 10, 2025

How they voted

562
Passed · 5 other
Total votes 63
Jun 10, 2025
D Democratic41
37 Yea 4
90% Yea
R Republican22
19 Yea 2 Nay 1
86% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
5
Committee
3
Amendments
2
Nov 21, 2025
Signed into law
SIGNED CHAP.504
lower
Jun 10, 2025
Upper · Passed
PASSED SENATE
upper
Jun 10, 2025
Committee
REFERRED TO RULES
upper
Jun 10, 2025
Lower · Passed
PASSED ASSEMBLY
lower
May 28, 2025
Committee
REPORTED REFERRED TO RULES
lower
May 23, 2025
Lower · Passed
PRINT NUMBER 128A
lower
May 23, 2025
Lower · Passed
AMEND (T) AND RECOMMIT TO INSURANCE
lower
Jan 8, 2025
Committee
REFERRED TO INSURANCE
lower
1 primary · 37 co-sponsors

Sponsors