New York 2025 Session Status: Introduced

S9497 — Requires insurers to cover the substitution of a brand name prescription drug when the federal food and drug administration has declared that there is a supply issue with a generic drug

Last action — Senate Floor Calendar

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the Senate. Introduced March 18, 2026. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Not enough signal yet

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.

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In plain language

This bill requires insurance coverage for brand name drugs if generic supply is limited.

The bill mandates that insurers cover brand name prescription drugs when the FDA indicates there is a supply issue with the corresponding generic drugs. This is intended to ensure patients can access necessary medications without interruption.

What this means for you
  • Workers: This bill provides assurance for workers dependent on specific medications that they have access even if generics are unavailable.
  • Families: Families can be relieved knowing that their insurance will cover brand name drugs if generics face supply issues.
  • Consumers: If you need medication, this bill ensures your insurance will cover brand name drugs during generic shortages.

Summary

Requires insurers to cover the substitution of a brand name prescription drug when the federal food and drug administration has declared that there is a supply issue with a generic drug.

Bill Text

How this bill changes current law

1 change Share ↗

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 3242 of the insurance law.

  • Section 3242 of the insurance law

    (d) (1) As used in this subsection: (A) "Eligible prescription drug" means a prescription drug approved under 21 U.S.C. 355(c) that is not under patent. (B) "Generic drug" means a drug that is approved pursuant to an appli- cation referencing an eligible prescription drug that is submitted under subsection (j) of Section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 355. (C) "Supply issue" means a drug shortage or meaningful disruption as defined in 21 U.S.C. 356(c). (2) In the event an AB-rated generic equivalent or interchangeable biological product for an eligible prescription drug is covered in an insurer's formulary and such generic drug equivalent is unavailable due to a supply issue which has been recognized by the federal food and drug administration pursuant to 21 U.S.C. 356e and the dosage cannot be adjusted, an insurer that delivers or issues for delivery in this state a policy that provides coverage for prescription drugs shall provide coverage for a brand name eligible prescription drug to an insured who is already receiving such prescription drug as a generic equivalent or has been diagnosed with or presented with a condition on or prior to the start of the plan year that is treated by such eligible prescription drug or is an eligible prescription drug that is or would be part of the insured's treatment regimen for such condition. Such brand name eligible prescription drug shall be covered at the same level of coverage as the generic drug in the insurer's formulary until such time as the supply issue is resolved and the drug has been removed from the federal food and drug administration's shortage list. italics (d) (1) As used in this subsection: (A) "Eligible prescription drug" means a prescription drug approved under 21 U.S.C. 355(c) that is not under patent. (B) "Generic drug" means a drug that is approved pursuant to an appli- cation referencing an eligible prescription drug that is submitted under subsection (j) of Section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 355. (C) "Supply issue" means a drug shortage or meaningful disruption as defined in 21 U.S.C. 356(c). (2) In the event an AB-rated generic equivalent or interchangeable biological product for an eligible prescription drug is covered in an insurer's formulary and such generic drug equivalent is unavailable due to a supply issue which has been recognized by the federal food and drug administration pursuant to 21 U.S.C. 356e and the dosage cannot be adjusted, a corporation subject to the provisions of this article that issues a contract that provides coverage for prescription drugs shall provide coverage for a brand name eligible prescription drug to an insured who is already receiving such prescription drug as a generic equivalent or has been diagnosed with or presented with a condition on or prior to the start of the plan year that is treated by such eligible prescription drug or is an eligible prescription drug that is or would be part of the insured's treatment regimen for such condition. Such brand name eligible prescription drug shall be covered at the same level of coverage as the generic drug in the insurer's formulary until such time as the supply issue is resolved and the drug has been removed from the federal food and drug administration's shortage list.

    added

Action History

  1. SUBSTITUTED BY A1428

  2. ORDERED TO THIRD READING CAL.1489

  3. COMMITTEE DISCHARGED AND COMMITTED TO RULES

  4. REPORTED AND COMMITTED TO FINANCE

  5. REFERRED TO INSURANCE

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 218 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (218)

218 members have not signed on to this bill.

Show all 218 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does S9497 do?
Requires insurers to cover the substitution of a brand name prescription drug when the federal food and drug administration has declared that there is a supply issue with a generic drug.
Who sponsors S9497?
S9497 is sponsored by Nathalia Fernandez.
What is the current status of S9497?
This bill has been introduced in the Senate. Introduced March 18, 2026. It must pass committee before a floor vote.
Where can I track S9497?
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Last checked for changes 4 months ago · updated continuously

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