STATE OF NEW YORK
        ________________________________________________________________________

                                          1002

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sens.  HOYLMAN, MYRIE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Insurance

        AN ACT to amend the insurance  law,  in  relation  to  requiring  health
          insurance  coverage  for  home  test  kits  for  sexually  transmitted
          diseases

          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 39 to read as follows:
     3    (39) Every policy which provides hospital, surgical or medical  cover-
     4  age  or provides reimbursement for laboratory tests or reimbursement for
     5  diagnostic X-ray services shall provide coverage for home test kits  for
     6  sexually  transmitted  diseases.   For purposes of this paragraph, "home
     7  test kit"  means a product used for a test recommended  by  the  federal
     8  Centers  for  Disease  Control  and  Prevention guidelines or the United
     9  States Preventive Services Task Force, that has been Clinical Laboratory
    10  Improvement Amendments of 1988-waived, cleared or approved by the United
    11  States Food and Drug Administration, or developed  by  a  laboratory  in
    12  accordance  with established regulations and quality standards, to allow
    13  individuals to self-collect specimens for sexually transmitted diseases,
    14  including HIV, remotely at a location outside of a clinical setting.
    15    § 2. Subsection (k) of section 3221 of the insurance law is amended by
    16  adding a new paragraph 23 to read as follows:
    17    (23) Every policy which provides hospital, surgical or medical  cover-
    18  age  or provides reimbursement for laboratory tests or reimbursement for
    19  diagnostic X-ray services shall provide coverage for home test kits  for
    20  sexually  transmitted  diseases.   For purposes of this paragraph, "home
    21  test kit"  means a product used for a test recommended  by  the  federal
    22  Centers  for  Disease  Control  and  Prevention guidelines or the United
    23  States Preventive Services Task Force, that has been Clinical Laboratory
    24  Improvement Amendments of 1988-waived, cleared or approved by the United

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04068-01-3

        S. 1002                             2

     1  States Food and Drug Administration, or developed  by  a  laboratory  in
     2  accordance  with established regulations and quality standards, to allow
     3  individuals to self-collect specimens for sexually transmitted diseases,
     4  including HIV, remotely at a location outside of a clinical setting.
     5    §  3.  Section  4303  of  the insurance law is amended by adding a new
     6  subsection (uu) to read as follows:
     7    (uu) Every policy which provides hospital, surgical or medical  cover-
     8  age  or provides reimbursement for laboratory tests or reimbursement for
     9  diagnostic X-ray services shall provide coverage for home test kits  for
    10  sexually  transmitted diseases.   For purposes of this subsection, "home
    11  test kit" means a product used for a test  recommended  by  the  federal
    12  Centers  for  Disease  Control  and  Prevention guidelines or the United
    13  States Preventive Services Task Force, that has been Clinical Laboratory
    14  Improvement Amendments of 1988-waived, cleared or approved by the United
    15  States Food and Drug Administration, or developed  by  a  laboratory  in
    16  accordance  with established regulations and quality standards, to allow
    17  individuals to self-collect specimens for sexually transmitted diseases,
    18  including HIV, remotely at a location outside of a clinical setting.
    19    § 4. This act shall take effect on the ninetieth day  after  it  shall
    20  have  become  a  law  and  shall  apply to any policy issued, delivered,
    21  renewed, and/or modified on or after the effective  date  of  this  act.
    22  Effective immediately, the addition, amendment and/or repeal of any rule
    23  or regulation necessary for the implementation of this act on its effec-
    24  tive  date  are  authorized  to  be made and completed on or before such
    25  effective date.