Bill Text: NY S03232 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens; provides for taxpayer gifts for tick borne illness research, detection and education; establishes the tick borne illness research, detection and education fund.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2024-01-03 - REFERRED TO INSURANCE [S03232 Detail]

Download: New_York-2023-S03232-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3232

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sens.  HOYLMAN-SIGAL,  HARCKHAM,  MAYER, SERRANO -- 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 coverage of long term
          medical care for Lyme disease and other tick borne related  pathogens;
          and  to  amend  the  tax law and the state finance law, in relation to
          providing  for  taxpayer  gifts  for  tick  borne  illness   research,
          detection  and  education  and  establishing  the  tick  borne illness
          research, detection and education fund

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

     1    Section 1. This act shall be known and may be cited as the "tick borne
     2  illness treatment and education act of 2023".
     3    § 2. Subsection (i) of section 3216 of the insurance law is amended by
     4  adding a new paragraph 39 to read as follows:
     5    (39)  Every  insurer issuing a policy of accident and health insurance
     6  for delivery in this state shall provide  coverage  for  all  costs  for
     7  treatment  of  Lyme  disease  (Lyme  borreliosis)  and  other tick borne
     8  related pathogens.  Such treatment may  include  intravenous  antibiotic
     9  therapy,  oral antibiotic therapy, or any other treatment, or any combi-
    10  nation of treatments, provided such treatment is recommended by a physi-
    11  cian licensed to practice medicine in the state of New York.
    12    § 3. Subsection (k) of section 3221 of the insurance law is amended by
    13  adding a new paragraph 23 to read as follows:
    14    (23) Every group or blanket policy delivered or issued for delivery in
    15  this state which provides hospital, surgical or medical  coverage  shall
    16  provide  coverage  for  all  costs  for  treatment of Lyme disease (Lyme
    17  borreliosis) and other tick borne related pathogens.  Such treatment may
    18  include intravenous antibiotic therapy, oral antibiotic therapy, or  any
    19  other  treatment, or any combination of treatments, provided such treat-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07820-01-3
        S. 3232                             2

     1  ment is recommended by a physician licensed to practice medicine in  the
     2  state of New York.
     3    §  4.  Section  4303  of  the insurance law is amended by adding a new
     4  subsection (uu) to read as follows:
     5    (uu) Every medical expense  indemnity  corporation,  hospital  service
     6  corporation  and  health service corporation which provides coverage for
     7  medical, surgical or major medical care shall provide coverage  for  all
     8  costs  for  treatment  of Lyme disease (Lyme borreliosis) and other tick
     9  borne related pathogens.  Such treatment may include intravenous antibi-
    10  otic therapy, oral antibiotic therapy, or any other  treatment,  or  any
    11  combination  of  treatments, provided such treatment is recommended by a
    12  physician licensed to practice medicine in the state of New York.
    13    § 5. The tax law is amended by adding a new section 209-q to  read  as
    14  follows:
    15    §  209-q.  Gift  for tick borne illness research, detection and educa-
    16  tion. A taxpayer in any taxable year may  elect  to  contribute  to  the
    17  support  of  the  tick  borne  illness research, detection and education
    18  fund. Such contribution shall be in any whole dollar  amount  and  shall
    19  not  reduce  the  amount  of  the  state  tax owed by such taxpayer. The
    20  commissioner shall include space on the corporate income tax  return  to
    21  enable  a  taxpayer to make such contribution. Notwithstanding any other
    22  provision of law, all revenues collected pursuant to this section  shall
    23  be  credited to the tick borne illness research, detection and education
    24  fund and shall be used only for those  purposes  enumerated  in  section
    25  ninety-seven-ii of the state finance law.
    26    §  6.  The tax law is amended by adding a new section 630-l to read as
    27  follows:
    28    § 630-l. Gift for tick borne illness research,  detection  and  educa-
    29  tion.  An  individual in any taxable year may elect to contribute to the
    30  tick borne illness research, detection and education fund. Such contrib-
    31  ution shall be in any whole dollar  amount  and  shall  not  reduce  the
    32  amount  of  state  tax  owed  by such individual. The commissioner shall
    33  include space on the personal income tax return to enable a taxpayer  to
    34  make  such contribution.  Notwithstanding any other provision of law all
    35  revenues collected pursuant to this section shall  be  credited  to  the
    36  tick  borne illness research, detection and education fund and used only
    37  for those purposes enumerated in section ninety-seven-ii  of  the  state
    38  finance law.
    39    § 7. The state finance law is amended by adding a new section 97-ii to
    40  read as follows:
    41    § 97-ii. Tick borne illness research, detection and education fund. 1.
    42  There  is hereby established in the joint custody of the commissioner of
    43  taxation and finance and the comptroller, a special fund to be known  as
    44  the "tick borne illness research, detection and education fund".
    45    2.  Such fund shall consist of all revenues received by the department
    46  of taxation and finance, pursuant to  the  provisions  of  sections  two
    47  hundred  nine-q  and  six  hundred thirty-l of the tax law and all other
    48  moneys appropriated, credited, or transferred  thereto  from  any  other
    49  fund  or source pursuant to law. Nothing contained in this section shall
    50  prevent the state from receiving  grants,  gifts  or  bequests  for  the
    51  purposes of the fund as defined in this section and depositing them into
    52  the fund according to law.
    53    3.  Monies  of  the fund shall be expended only for tick borne illness
    54  research, detection and education projects pursuant to  section  twenty-
    55  seven hundred ninety-eight of the public health law.
        S. 3232                             3

     1    4.  Monies  shall be payable from the fund on the audit and warrant of
     2  the comptroller on vouchers approved and certified by  the  commissioner
     3  of health.
     4    5.  To the extent practicable, the commissioner of health shall ensure
     5  that all monies received during a fiscal year are expended prior to  the
     6  end of that fiscal year.
     7    § 8. This act shall take effect on the one hundred twentieth day after
     8  it  shall have become a law. Effective immediately, the addition, amend-
     9  ment and/or repeal of any rule or regulation necessary for the implemen-
    10  tation of this act on its effective date are authorized to be  made  and
    11  completed on or before such effective date.