New York state Gov. Andrew Cuomo, a Democrat, put out a press release announcing a new set of draft emergency health market regulations earlier this month.
One provision could require insurers that want to participate in the state’s Medicaid program or Children’s Health Insurance Program to continue to sell coverage through its ACA exchange.
Another provision would require insurers to continue to cover the 10 categories of benefits now in the standard ACA essential health benefits package. Insurers would have to cover maternity and newborn care as well as abortion, pediatric services, mental health and substance use disorder services and emergency care, among other services.
The regulations would also prohibit discrimination in the issuance or rating of health insurance due to race, color, national origin, sex or disability.
The State Department of Financial Services published the draft in the State Register last week. The draft is subject to a 45-day public comment period.
In the draft, officials point directly to the ACA discussions in Washington as a reason to adopt emergency regulations.
“For the public health and general welfare, the department is promulgating this rule on an emergency basis in the event that Congress repeals the ACA,” department officials said.
Medicaid and NY State of Health
New York operates a state-based public exchange program, NY State of Health.