Bill Text: NY A05126 | 2023-2024 | General Assembly | Introduced


Bill Title: Requires insurance reimbursement for the total direct and indirect practice expenses associated with vaccinations.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced) 2024-01-03 - referred to insurance [A05126 Detail]

Download: New_York-2023-A05126-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5126

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Insurance

        AN  ACT  to amend the insurance law, in relation to insurance reimburse-
          ment for vaccination

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

     1    Section  1.  Clause  (iii)  of  subparagraph  (B)  of  paragraph 17 of
     2  subsection (i) of section 3216 of the insurance law, as amended by chap-
     3  ter 219 of the laws of 2011, is amended to read as follows:
     4    (iii) necessary immunizations, as determined by the superintendent  in
     5  consultation  with  the  commissioner  of health, consisting of at least
     6  adequate dosages of  vaccine  against  diphtheria,  pertussis,  tetanus,
     7  polio,  measles, rubella, mumps, haemophilus influenzae type b and hepa-
     8  titis b, which meet the standards approved by the United  States  public
     9  health  service for such biological products, including reimbursement to
    10  the health care provider for  the  acquisition  costs  of  the  vaccine,
    11  according to the current or most recently reported United States centers
    12  for disease control and prevention private sector cost plus a minimum of
    13  twenty-one  percent  for  shipping,  handling and storage costs, and the
    14  total cost of administration of  the  vaccine,  including  the  cost  of
    15  supplies,  data  entry,  vaccine  counseling,  inventory  management and
    16  routine nursing activities based on the current year's medicare rates as
    17  published by  the  United  States  centers  for  medicare  and  medicaid
    18  services.
    19    § 2. Clause (ii) of subparagraph (E) of paragraph 17 of subsection (i)
    20  of  section  3216 of the insurance law, as amended by chapter 219 of the
    21  laws of 2011, is amended to read as follows:
    22    (ii) immunizations that have in effect a recommendation from the advi-
    23  sory committee on immunization practices  of  the  centers  for  disease
    24  control  and prevention with respect to the individual involved, includ-
    25  ing reimbursement to the health care provider for the acquisition  costs

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07666-01-3

        A. 5126                             2

     1  of  the  vaccine,  according  to  the  current or most recently reported
     2  United States centers for disease control and prevention private  sector
     3  cost  plus  a  minimum  of twenty-one percent for shipping, handling and
     4  storage  costs,  and  the  total  cost of administration of the vaccine,
     5  including the cost of supplies, data entry, vaccine counseling, invento-
     6  ry management and routine nursing activities based on the current year's
     7  medicare rates as published by the United States  centers  for  medicare
     8  and medicaid services;
     9    § 3. Clause (iii) of subparagraph (B) of paragraph 8 of subsection (l)
    10  of  section  3221 of the insurance law, as amended by chapter 219 of the
    11  laws of 2011, is amended to read as follows:
    12    (iii) necessary immunizations, as determined by the superintendent  in
    13  consultation  with  the  commissioner  of health, consisting of at least
    14  adequate dosages of  vaccine  against  diphtheria,  pertussis,  tetanus,
    15  polio,  measles, rubella, mumps, haemophilus influenzae type b and hepa-
    16  titis b, which meet the standards approved by the United  States  public
    17  health  service for such biological products, including reimbursement to
    18  the health care provider for  the  acquisition  costs  of  the  vaccine,
    19  according to the current or most recently reported United States centers
    20  for disease control and prevention private sector cost plus a minimum of
    21  twenty-one  percent  for  shipping,  handling and storage costs, and the
    22  total cost of administration of  the  vaccine,  including  the  cost  of
    23  supplies,  data  entry,  vaccine  counseling,  inventory  management and
    24  routine nursing activities based on the current year's medicare rates as
    25  published by  the  United  States  centers  for  medicare  and  medicaid
    26  services.
    27    § 4. Clause (ii) of subparagraph (E) of paragraph 8 of subdivision (l)
    28  of  section  3221 of the insurance law, as amended by chapter 219 of the
    29  laws of 2011, is amended to read as follows:
    30    (ii) immunizations that have in effect a recommendation from the advi-
    31  sory committee on immunization practices  of  the  centers  for  disease
    32  control  and prevention with respect to the individual involved, includ-
    33  ing reimbursement to the health care provider for the acquisition  costs
    34  of  the  vaccine,  according  to  the  current or most recently reported
    35  United States centers for disease control and prevention private  sector
    36  cost  plus  a  minimum  of twenty-one percent for shipping, handling and
    37  storage costs, and the total cost  of  administration  of  the  vaccine,
    38  including the cost of supplies, data entry, vaccine counseling, invento-
    39  ry management and routine nursing activities based on the current year's
    40  medicare  rates  as  published by the United States centers for medicare
    41  and medicaid services;
    42    § 5. Subparagraph (C) of paragraph 2 of subsection (j) of section 4303
    43  of the insurance law, as amended by chapter 219 of the laws of 2011,  is
    44  amended to read as follows:
    45    (C)  necessary  immunizations,  as determined by the superintendent in
    46  consultation with the commissioner of health,  consisting  of  at  least
    47  adequate  dosages  of  vaccine  against  diphtheria, pertussis, tetanus,
    48  polio, measles, rubella, mumps, haemophilus influenzae type b and  hepa-
    49  titis  b,  which meet the standards approved by the United States public
    50  health service for such biological products, including reimbursement  to
    51  the  health  care  provider  for  the  acquisition costs of the vaccine,
    52  according to the current or most recently reported United States centers
    53  for disease control and prevention private sector cost plus a minimum of
    54  twenty-one percent for shipping, handling and  storage  costs,  and  the
    55  total  cost  of  administration  of  the  vaccine, including the cost of
    56  supplies, data  entry,  vaccine  counseling,  inventory  management  and

        A. 5126                             3

     1  routine nursing activities based on the current year's medicare rates as
     2  published  by  the  United  States  centers  for  medicare  and medicaid
     3  services.
     4    § 6. Subparagraph (B) of paragraph 3 of subsection (j) of section 4303
     5  of  the  insurance  law, as added by chapter 219 of the laws of 2011, is
     6  amended to read as follows:
     7    (B) immunizations that have in effect a recommendation from the  advi-
     8  sory  committee  on  immunization  practices  of the centers for disease
     9  control and prevention with respect to the individual involved,  includ-
    10  ing  reimbursement to the health care provider for the acquisition costs
    11  of the vaccine, according to  the  current  or  most  recently  reported
    12  United  States centers for disease control and prevention private sector
    13  cost plus a minimum of twenty-one percent  for  shipping,  handling  and
    14  storage  costs,  and  the  total  cost of administration of the vaccine,
    15  including the cost of supplies, data entry, vaccine counseling, invento-
    16  ry management and routine nursing activities based on the current year's
    17  medicare rates as published by the United States  centers  for  medicare
    18  and medicaid services;
    19    § 7. This act shall take effect on the first of January after it shall
    20  have  become  a law and shall apply to any contract entered into, deliv-
    21  ered, amended or modified on or after the date it takes effect.
feedback