Bill Text: NY A00434 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires that non-pharmaceutical alternative treatment options including but not limited to treatment provided by a licensed acupuncturist, licensed massage therapist, licensed chiropractor, and yoga instructor be covered by the medical assistance program and by private health insurers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to insurance [A00434 Detail]

Download: New_York-2021-A00434-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           434

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Insurance

        AN ACT to amend the insurance  law  and  the  social  services  law,  in
          relation  to  requiring the coverage of alternate treatment options by
          the medical assistance program and private health insurers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
     2  amended by adding a new paragraph 36 to read as follows:
     3    (36) Every policy which provides medical, major  medical,  or  similar
     4  comprehensive  type  coverage  shall  include  coverage  for alternative
     5  treatment utilized for pain management.  Coverage  provided  under  this
     6  paragraph shall be limited to alternative treatment provided by a health
     7  care  provider  or  other  licensed  individual.  For  purposes  of this
     8  subsection, "alternative treatment" means  non-pharmaceutical  treatment
     9  for  pain  management including but not limited to treatment provided by
    10  (A) a licensed acupuncturist, (B) a licensed massage  therapist,  (C)  a
    11  licensed chiropractor, and (D) a yoga instructor.
    12    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    13  adding a new paragraph 21 to read as follows:
    14    (21)  Every  group  or  blanket  policy  which provides medical, major
    15  medical, or similar comprehensive type coverage shall  include  coverage
    16  for   alternative  treatment  utilized  for  pain  management.  Coverage
    17  provided under this paragraph shall be limited to alternative  treatment
    18  provided  by  a  health  care provider or other licensed individual. For
    19  purposes of this subsection, "alternative treatment"  means  non-pharma-
    20  ceutical  treatment  for  pain  management  including but not limited to
    21  treatment provided by (A)  a  licensed  acupuncturist,  (B)  a  licensed
    22  massage  therapist, (C) a licensed chiropractor, and (D) a yoga instruc-
    23  tor.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00510-01-1
        A. 434                              2

     1    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
     2  subsection (ss) to read as follows:
     3    (ss) Every contract issued by a medical expense indemnity corporation,
     4  hospital  service  corporation,  or  health  service  corporation  which
     5  provides medical , major medical, or similar comprehensive type coverage
     6  shall include coverage  for  alternative  treatment  utilized  for  pain
     7  management.  Coverage provided under this subsection shall be limited to
     8  alternative treatment provided  by  a  health  care  provider  or  other
     9  licensed  individual.  For purposes of this section, "alternative treat-
    10  ment" means non-pharmaceutical treatment for pain  management  including
    11  but  not  limited to treatment provided by (1) a licensed acupuncturist,
    12  (2) a licensed massage therapist, (3) a licensed chiropractor, and (4) a
    13  yoga instructor.
    14    § 4. The social services law is amended by adding a new section  365-o
    15  to read as follows:
    16    §  365-o.  Provision  of alternative treatment for pain management. 1.
    17  The commissioner  shall  establish  standards  and  guidelines  for  the
    18  provision  of  alternate treatment for pain management under the medical
    19  assistance program. In establishing such standards and  guidelines,  the
    20  commissioner  shall  consult  with  alternative  treatment providers and
    21  other interested parties.
    22    2. For purposes of this title, "alternative treatment" means non-phar-
    23  maceutical treatment for pain management including but  not  limited  to
    24  treatment  provided  by  (a)  a  licensed  acupuncturist, (b) a licensed
    25  massage therapist, (c) a licensed chiropractor, and (d) a yoga  instruc-
    26  tor.
    27    § 5. This act shall take effect on the one hundred twentieth day after
    28  it  shall have become a law. Effective immediately, the addition, amend-
    29  ment and/or repeal of any rule or regulation necessary for the implemen-
    30  tation of this act on its effective date are authorized to be  made  and
    31  completed on or before such effective date.