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. LBD07820-01-3S. 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.