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New York’s 2026 laws take effect, raising wages, expanding health coverage, tightening plastic restrictions, and changing organ donation and business disclosures

by LC Staff Writer | Jan 08, 2026
Photo Source: Adobe Stock Image

Several new New York State laws took effect January 1, 2026, including scheduled minimum wage increases, new insurance coverage mandates aimed at lowering out-of-pocket health costs, environmental restrictions on foam cold-storage containers and small hotel toiletry bottles, and a change to who can authorize organ and tissue donations when a person’s wishes are not documented. Separately, New York’s Department of State began rolling out a new beneficial ownership disclosure requirement for certain foreign limited liability companies authorized to do business in the state, adding a new compliance step for covered entities.

Other employment-related changes will arrive later in 2026, including a statewide restriction on using consumer credit history in most hiring and employment decisions that takes effect in April.

Minimum wage: $17 downstate, $16 upstate, effective January 1, 2026

What changed: New York’s minimum wage increased on January 1, 2026, to $17 per hour in New York City, Long Island, and Westchester County, and to $16 per hour in the remainder of the state, according to the New York State Department of Labor and the state’s published minimum wage schedule.

What it means: The increase directly affects hourly workers in most industries and also updates the cash-wage and tip-credit structure for tipped hospitality workers, which varies by region. The state has also laid out that, beginning in 2027, minimum wage increases will be tied to inflation through an index-based mechanism, subject to certain “off-ramp” conditions.

Health insurers must cover medically necessary EpiPens and cap out-of-pocket costs at $100 per year

What changed: Under a law the Hochul administration highlighted as taking effect January 1, 2026, health insurers in the individual and group markets, including HMOs, must cover medically necessary EpiPen devices for emergency treatment of allergic reactions and cap out-of-pocket costs for that coverage at $100 per year.

What it means: The change is intended to reduce recurring costs for people who need epinephrine auto-injectors and are advised to keep more than one device available. The practical impact for consumers will depend on plan design and how insurers implement coverage rules, but the state’s stated policy goal is to reduce cost barriers for a time-sensitive emergency medication.

Breast cancer screening and diagnostic imaging must be covered when recommended under clinical guidelines

What changed: Starting January 1, 2026, individual, group, and non-profit health insurance plans (including HMOs) must cover breast cancer screening and diagnostic imaging when a doctor recommends it based on nationally recognized clinical guidelines. The governor’s announcement said this includes diagnostic mammograms, breast ultrasounds, and MRIs, and also noted that cost-sharing generally may not apply, with a limited exception tied to health savings account eligibility under IRS rules.

What it means: The change aims to reduce financial barriers to follow-up testing, as patients may face unexpected costs after an initial screening. For consumers, the most noticeable effect may be fewer out-of-pocket charges for doctor-recommended diagnostic imaging that is clinically indicated under the recognized guidelines referenced in the law’s implementation.

Large-group health plans must cover scalp cooling systems used during chemotherapy

What changed: Another law taking effect January 1, 2026, requires health insurers in New York’s large-group market to provide coverage for scalp cooling systems used during chemotherapy treatment. The governor’s office described scalp cooling as a technique used to reduce hair loss during treatment and noted that out-of-pocket costs can be high without coverage.

What it means: The requirement is intended to expand access to a supportive treatment option that some patients use to manage visible side effects of chemotherapy. Because the mandate is framed around the large-group market, coverage changes will primarily be felt through employer-sponsored plans in that category.

Organ donation: a “close friend” can authorize an anatomical gift in certain cases

What changed: A new amendment to New York’s Public Health Law allows a “close friend,” as defined by state law, to be included among the people authorized to make an anatomical gift of a decedent’s body when the person’s wishes are not otherwise documented and the decision falls to a prioritized list of potential decision-makers. The law took effect on “the first of January next succeeding” the date it became law, and the legislative record reflects it was signed in late November 2025, making it effective January 1, 2026.

What it means: Supporters have argued that the change addresses situations in which a person has no available next of kin or designated agent but has a close friend who can act responsibly as a surrogate. Practically, it broadens who may be recognized in time-sensitive organ and tissue donation decisions when there is no written authorization from the decedent and no immediately available family decision-maker.

Polystyrene foam: New York expands restrictions to include certain cold-storage containers, such as foam coolers

What changed: Effective January 1, 2026, New York expanded its polystyrene restrictions to prohibit covered food service providers, manufacturers, and stores from selling or distributing certain expanded polystyrene containers designed or intended for cold storage, including coolers and ice chests, when they are not fully encapsulated or encased within a more durable container. The Department of Environmental Conservation described the change as an expansion of the state’s existing foam restrictions.

What it means: The ban adds a new category of foam products to the state’s enforcement framework. For retailers and suppliers, it affects both in-state sales and certain distribution into New York, including online sales to New York customers described in DEC guidance. DEC’s foam-ban page also notes that the state law does not apply in jurisdictions with certain local polystyrene bans, including New York City, which has its own separate restrictions.

Hotels: the small plastic toiletry bottle restriction expands to properties with fewer than 50 rooms

What changed: New York’s “small plastic hospitality bottles” restriction now applies to smaller properties. DEC explains that the law took effect January 1, 2025, for hotels and similar properties with 50 or more rooms, and January 1, 2026, for properties with fewer than 50 rooms, limiting the provision of personal care products in small plastic bottles (generally under 12 ounces).

What it means: The change extends an existing plastic-waste reduction policy to a larger share of the hospitality market, including smaller hotels and motels that were not covered during the first phase. In practice, compliance often means switching to wall-mounted dispensers, larger refillable containers, or non-plastic alternatives consistent with the law’s requirements.

Business compliance: beneficial ownership disclosure begins for certain foreign LLCs authorized to do business in New York

What changed: Effective January 1, 2026, New York requires certain non-exempt LLCs formed under the law of a foreign country, and authorized to do business in New York, to file initial and annual beneficial ownership disclosure statements with the Department of State. State filing instructions say covered LLCs must report identifying information for individuals who exercise “substantial control” or own 25% or more of the reporting company, including name, date of birth, address, and an identifying number from specified ID documents. The Department of State’s instructions also describe the filing process and reference a statutory filing fee.

What it means: For affected companies, the requirement adds a new annual reporting obligation that may require collecting personal identifying information for qualifying beneficial owners and control persons, and ensuring that filings match Department of State records. The scope is expected to be limited in the near term to certain non-U.S. (foreign-country) LLCs authorized to do business in New York, based on how New York’s LLC transparency framework is described by the Department of State and by commentary tracking its narrower application.

Employment (effective April 18, 2026): New York restricts the use of consumer credit history in most hiring and employment decisions

What changed: A law signed in December 2025 restricts employers’ use of an applicant’s or employee’s consumer credit history for employment-related decisions statewide, with the effective date described as April 18, 2026, in multiple compliance summaries tracking the statute.

What it means: For many employers, the change will require updating background-check practices, vendor instructions, and hiring workflows to avoid requesting or using credit history except where a statutory exception applies. Because the rule is not effective until April, businesses are expected to use early 2026 to prepare for compliance.

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LC Staff Writer
Law Commentary’s Staff Writers are dedicated legal professionals and journalists who excel at making complex legal topics accessible and relatable. They are committed to providing clear, accurate commentary that helps readers understand the impact of legal news on their daily lives.