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. LBD00510-01-1A. 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.