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Gustavo Rivera

Sponsor · State Senator, District 33 · Democratic/Working Families

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Senate bill · S3100 (2025-26)

Provides for coverage for the treatment of asthma

Latest action May 12, 2026

Summary

Expands coverage for the treatment of asthma to include a second rescue and maintenance inhaler, along with any medically necessary devices for children under nineteen years of age.

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Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Same as A5255, the matching bill in the Assembly.

Amends the Social Services Law.

Committee

Health · New York State Assembly

Also referred to Health · New York State Senate, Insurance · New York State Assembly, Insurance · New York State Senate.

Purpose, from the sponsor's memo

To ensure that every health insurance policy includes coverage for the equipment and supplies for the treatment of asthma and for additional equipment and supplies for use in school if recommended or prescribed to children under nineteen years of age.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Committee vote · Health

    Senate HealthMay 12, 2026Result: passed

    (14) (0) (0) (1)
  • Vote: Floor vote

    NY SenateMar 17, 2025Result: passed

    (59) (2) (0) (2)
  • Vote: Committee vote · Health

    Senate HealthFeb 12, 2025Result: passed

    (15) (0) (0) (0)

The sponsor's argument

Why Gustavo Rivera says this is needed

Asthma is a chronic disease of the lungs that causes wheezing, breath- lessness, chest tightness, and coughing. It is the most common chronic disease among children and adolescents, affecting approximately 4.6 million children, and is a leading reason for school absenteeism in the USA . The asthma burden in New York State is notably higher, with a prevalence of 6.8% compared to the national average of 7.7%, impacting around 315,000 children. A recent report from the New York State Depart- ment of Health indicates that the burden of asthma is higher in New York City compared to New York State, with the Bronx experiencing particular- ly elevated rates of emergency department (ED) visits and age-adjusted asthma mortality. The data also reveal stark sociodemographic and racial disparities, with significantly higher asthma occurrence and associated ED visits among low-income Black and Hispanic individuals. Asthma-related ED visits and hospitalizations are frequently associated with poor asthma management, including incorrect use of inhaler medica- tions due to confusion in identifying the correct inhaler, lack of education on proper inhaler and device usage, and poor medication adher- ence. Studies show up to 93% of asthma patients use their inhaler medi- cation incorrectly. Effective self-management education and improved medication adherence among diagnosed adolescents have been shown to reduce the disease burden, hospitalizations, ED visits, and school absenteeism. Some programs have reported a return on investment of $11.2 per $1 spent, highlighting the critical need for robust asthma manage- ment programs. This was echoed by experts in a roundtable discussion on asthma held by the Senate Health and Environmental Conservation Commit- tees in 2019 in the Bronx. A similar conclusion was reached in an analy- sis conducted by the New York State Department of Health, published in January 2023, in response to Article VII, Part MM of the SFY 2018-2019 State Budget. A key barrier to effective asthma management and medication adherence is the cost of medications and lack of adequate insurance coverage. This issue was prominently discussed in the 2019 roundtable discussion, where participants highlighted the need for insurance companies to cover the cost of essential equipment and supplies for asthma treatment. Among the recommendations was the inclusion of life-saving devices, such as rescue inhalers, nebulizers, spacers, valves holding chambers, and masks, which are critical for children to manage their asthma both at school and at home. The roundtable participants also emphasized the challenges in obtaining these devices from insurers, as well as the lack of proper education and guidance from healthcare professionals on their correct usage. By ensuring insurance coverage for critical asthma treatment devices and improving access to proper education on their usage, this bill has the potential to significantly reduce asthma-related hospitalizations, emer- gency department visits, and school absenteeism. It is an important step toward alleviating the burden of asthma in New York, particularly in communities facing high rates of asthma and related disparities. Invest- ing in comprehensive asthma care, as outlined in this bill, will not only improve the quality of life for affected individuals but also result in long-term health and economic benefits for the state.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. May 12, 2026

    Reported out of committee

    REPORTED AND COMMITTED TO FINANCE

    NY Senate

  2. May 6, 2026

    Amend and Recommit to Insurance

    AMEND AND RECOMMIT TO INSURANCE

    NY Assembly

  3. Apr 28, 2026

    Amend and Recommit to Health

    AMEND AND RECOMMIT TO HEALTH

    NY Senate

  4. Jan 7, 2026

    Died in Assembly

    DIED IN ASSEMBLY

    NY Assembly

  5. Jan 7, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Senate

Show full history (9 earlier events)
  1. Jan 7, 2026

    Referred to committee

    REFERRED TO INSURANCE

    NY Assembly

  2. Mar 17, 2025

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  3. Mar 17, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  4. Mar 17, 2025

    Referred to committee

    REFERRED TO INSURANCE

    NY Assembly

  5. Feb 25, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  6. Feb 24, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  7. Feb 12, 2025

    1ST Report CAL.355

    1ST REPORT CAL.355

    NY Senate

  8. Feb 12, 2025

    Referred to committee

    REFERRED TO INSURANCE

    NY Assembly

  9. Jan 23, 2025

    Referred to committee

    REFERRED TO HEALTH

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Cosponsors

The list shows the cosponsors who are on Agora, A to Z. The official record may list more.

Party colors

Parties are shown in the same neutral colors.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 1, 2026. About our data

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