Bill Text: NY S00541 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 541 (Prior Session Legislation)

Introduced

Bill Title: Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INSURANCE [S00541 Detail]

Download: New_York-2013-S00541-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          541
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Insurance
       AN ACT to amend the insurance law and the workers' compensation law,  in
         relation  to  coverage  of long term medical care for Lyme disease and
         other tick borne related pathogens
         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 30 to read as follows:
    3    (30) EVERY INSURER ISSUING A POLICY OF ACCIDENT AND  HEALTH  INSURANCE
    4  FOR  DELIVERY  IN  THIS  STATE  SHALL PROVIDE COVERAGE FOR ALL COSTS FOR
    5  TREATMENT OF LYME  DISEASE  (LYME  BORRELIOSIS)  AND  OTHER  TICK  BORNE
    6  RELATED  PATHOGENS.  SUCH  TREATMENT  SHALL INCLUDE NOT LESS THAN THIRTY
    7  DAYS OF INTRAVENOUS ANTIBIOTIC THERAPY, SIXTY DAYS  OF  ORAL  ANTIBIOTIC
    8  THERAPY,  OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT IF RECOMMENDED BY
    9  A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   10    S 2. Subsection (l) of section 3221 of the insurance law is amended by
   11  adding a new paragraph 19 to read as follows:
   12    (19) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
   13  THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL  COVERAGE  SHALL
   14  PROVIDE  COVERAGE  FOR  ALL  COSTS  FOR  TREATMENT OF LYME DISEASE (LYME
   15  BORRELIOSIS) AND OTHER TICK  BORNE  RELATED  PATHOGENS.  SUCH  TREATMENT
   16  SHALL INCLUDE NOT LESS THAN THIRTY DAYS OF INTRAVENOUS ANTIBIOTIC THERA-
   17  PY,  SIXTY  DAYS  OF ORAL ANTIBIOTIC THERAPY, OR BOTH, AND SHALL PROVIDE
   18  FURTHER TREATMENT IF RECOMMENDED BY A  PHYSICIAN  LICENSED  TO  PRACTICE
   19  MEDICINE IN THE STATE OF NEW YORK.
   20    S  3.  Section  4303  of  the insurance law is amended by adding a new
   21  subsection (jj) to read as follows:
   22    (JJ) EVERY MEDICAL EXPENSE  INDEMNITY  CORPORATION,  HOSPITAL  SERVICE
   23  CORPORATION  AND  HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02444-01-3
       S. 541                              2
    1  MEDICAL, SURGICAL OR MAJOR MEDICAL CARE SHALL PROVIDE COVERAGE  FOR  ALL
    2  COSTS  FOR  TREATMENT  OF LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK
    3  BORNE RELATED PATHOGENS.   SUCH TREATMENT SHALL INCLUDE  NOT  LESS  THAN
    4  THIRTY  DAYS OF INTRAVENOUS ANTIBIOTIC THERAPY, SIXTY DAYS OF ORAL ANTI-
    5  BIOTIC THERAPY, OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT  IF  RECOM-
    6  MENDED  BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW
    7  YORK.
    8    S 4. Paragraph 30 of subdivision  2  of  section  3  of  the  workers'
    9  compensation  law,  as renumbered by chapter 665 of the laws of 1971, is
   10  renumbered paragraph 31 and a new paragraph  30  is  added  to  read  as
   11  follows:
   12    30. LYME DISEASE                           30. ANY PROCESS INVOLVING
   13    (LYME BORRELIOSIS)                         OUTDOOR ACTIVITY OR
   14    AND OTHER TICK BORNE                       TREATMENT OF ANIMALS.
   15    RELATED PATHOGENS.
   16    S  5. The closing paragraph of subdivision 2 of section 3 of the work-
   17  ers' compensation law, as amended by chapter 666 of the laws of 1971, is
   18  amended to read as follows:
   19    Nothing in paragraph [thirty] THIRTY-ONE of this subdivision shall  be
   20  construed  to  apply  to  any  disability  or  death  due to any disease
   21  described in paragraph twenty-nine of this subdivision.
   22    S 6. Subdivision 9 of section 201 of the workers' compensation law  is
   23  amended by adding a new paragraph C to read as follows:
   24    C.  "DISABILITY"  ALSO  INCLUDES DISABILITY CAUSED BY OR IN CONNECTION
   25  WITH LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK BORNE RELATED PATHO-
   26  GENS.
   27    S 7. This act shall take effect on the one hundred twentieth day after
   28  it shall have become a law provided, however, that effective  immediate-
   29  ly,  the  addition,  amendment and/or repeal of any rules or regulations
   30  necessary for the implementation of this act on its  effective  date  is
   31  authorized to be made on or before such effective date.