S 8426 New York Senate · 2025 Regular Session

Prevents discrimination by insurers based on an individual's mental health or substance use disorder

Summary

Prevents discrimination by insurers based on an individual's mental health or substance use disorder; incorporates into law federal enforcement rules set forth in the federal mental health parity and addiction equity act of 2008.

Bill status passed 3 of 5 stages cleared

Introduction

Jun 2025

Committee Review

Jun 2026

Senate Passage

Jun 2026

Assembly Passage

Governor

Introduced Jun 10, 2025 Last action Jun 4, 2026

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What changed between versions

S8426 → S8426A · 4 edits

MODERATE

This bill was amended to strengthen mental health parity protections by updating the specific section of the Insurance Law it modifies and clarifying the role of the Commissioner of Mental Health in setting rules. The changes ensure that insurers cannot discriminate against individuals based on mental health or substance use disorders and explicitly require the state to adopt specific federal regulations to enforce these standards.

Scope change

The bill now targets Section 3216 of the Insurance Law instead of Section 3221, and the legislative process includes a committee discharge, indicating the bill has moved past initial review stages.

REQUIREMENT

The specific section of the Insurance Law being amended changed from Section 3221 to Section 3216, and the new subsection number changed from (v) to (n).

Updated language to clarify that nonquantitative treatment limitations for mental health benefits must not be more restrictive than those applied to medical/surgical benefits, with specific instructions on how insurers must evaluate data to prove compliance.

ENFORCEMENT

Added a requirement for the Commissioner of Mental Health to promulgate rules incorporating specific federal regulations (89 Fed. Reg. 77735 through 77751) dated September 23, 2024, to enforce parity standards.

TECHNICAL

Minor formatting and wording adjustments, such as changing 'medical/surgical' to 'medical and surgical' in several places to improve clarity and consistency.

Floor votes · Senate Jun 4, 2026

How they voted

40–20

Passed · 3 other

Total votes 63

Jun 4, 2026

D Democratic41

38 Yea 3

92% Yea

R Republican22

2 Yea 20 Nay

90% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jun 4, 2026

Committee

REFERRED TO INSURANCE

lower

Jun 4, 2026

Upper · Passed

PASSED SENATE

upper

Jan 7, 2026

Committee

REFERRED TO INSURANCE

upper

Jun 10, 2025

Upper · Passed

PRINT NUMBER 8426A

upper

Jun 10, 2025

Upper · Passed

AMEND (T) AND RECOMMIT TO RULES

upper

Jun 10, 2025

Committee

REFERRED TO RULES

upper

1 primary · 10 co-sponsors