Gov. Hochul signs bill requiring insurers to cover prenatal vitamins

ALBANY — Insurance providers, starting next year, will be required to cover prenatal vitamins for women with a prescription and prohibited from imposing a penalty for pregnant women enrolling in health insurance, under bills signed into law by New York State Gov. Kathy Hochul Tuesday.

The measures, which were passed by the State Legislature earlier this year, take effect on Jan. 1 and are aimed at improving maternal and infant health, as well as prenatal care in New York.

Health insurance providers will be required to cover the vitamin supplements, though coverage may be subject to deductibles and coinsurance, according to the law. The measure aims to ensure that women of all socioeconomic backgrounds have access to the vitamins at little to no cost.

Insurance providers, under another law, will not be allowed to impose a fee or other penalty for pregnant women enrolling in health insurance policies at any time. The law is expected to increase access and allow pregnant women to avoid costly fees that can be a deterrent to care, according to a bill justification memo.

“We've taken another significant step towards ensuring that every expectant mother in our state has access to healthcare without barriers or delays,” Hochul, a Democrat, said in a news release Wednesday.

The passage comes as New York lawmakers look to decrease infant and maternal mortality rates, which have been high statewide and nationally in recent years, particularly for women of color.

In New York, the infant death rate is 4.26 per 1,000 live births, according to 2022 provisional data from the National Center for Health Statistics. And the maternal mortality ratio between 2018 and 2020 was 19.3 deaths per 100,000 live births, according to the state Department of Health data.

Maternal health

“The nine months leading up to the birth of a child are critical for families, and as a state, our emphasis should be on ensuring that mothers and families have the resources they need,” said Assemb. Aileen Gunther (D-Forestburgh), the bill’s Assembly sponsor who has worked as a nurse in obstetrics.

Prenatal supplements help fetal growth and provide essential nutrients for mothers and babies, according to the American Pregnancy Association, a national health group.

Hochul signed the prenatal vitamin law contingent on a few changes agreed upon by legislative leaders, clarifying that the coverage requirement will apply to plans that do not otherwise offer coverage for prescription drugs, according to an approval memo.

The changes were minimal and will be made, State Sen. Joseph Addabbo Jr. (D-Ozone Park), the bill’s Senate sponsor told Newsday, adding that the measure is "a great step forward for women" and will help offset health costs. 

The law prohibiting insurance providers from imposing a penalty also is aimed at improving maternal health. "Removing barriers to enrollment, empower women to prioritize their health and well-being during this crucial time, essential for positive pregnancy outcomes," Sen. Cordell Cleare (D-Harlem) , the bill’s Senate sponsor, said in a statement.

Both measures have faced opposition from insurance providers. 

The New York Health Plan Association, which represents insurers, has said changes in the insurance law are "unnecessary" because pregnancy is included as a "qualifying life event" allowing pregnant New Yorkers to enroll or change their coverage outside of an open enrollment period, according to a memo. And the state currently prohibits imposing penalties for enrolling during a special period, the association has said. 

As for prenatal vitamins, the association said they’re largely covered in most polices. In a memo, the association warned that “creating new health insurance coverage mandates results in increased costs for individuals and employers purchasing health insurance in New York.”