Bill Text: NY S03389 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that persons with hemophilia and other clotting protein deficiencies who are otherwise eligible for the Child Health Plus, Family Health Plus, and Healthy New York programs shall have access to reimbursement for outpatient blood clotting factor concentrates and other necessary treatments and services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-12 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S03389 Detail]
Download: New_York-2011-S03389-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3389
2011-2012 Regular Sessions
I N S E N A T E
February 17, 2011
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, the social services law and the
insurance law, in relation to providing that persons with hemophilia
and other clotting protein deficiencies who are otherwise eligible for
the Child Health Plus, Family Health Plus, and Healthy New York
programs shall have access to reimbursement for outpatient blood clot-
ting factor concentrates and other necessary treatments and services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 7 of section 2510 of the public health law, as
2 amended by section 21 of part B of chapter 109 of the laws of 2010, is
3 amended to read as follows:
4 7. "Covered health care services" means: the services of physicians,
5 optometrists, nurses, nurse practitioners, midwives and other related
6 professional personnel which are provided on an outpatient basis,
7 including routine well-child visits; diagnosis and treatment of illness
8 and injury; inpatient health care services; laboratory tests; diagnostic
9 x-rays; prescription and non-prescription drugs and durable medical
10 equipment; radiation therapy; chemotherapy; hemodialysis; OUTPATIENT
11 BLOOD CLOTTING FACTOR PRODUCTS AND OTHER TREATMENTS AND SERVICES
12 FURNISHED IN CONNECTION WITH THE CARE OF HEMOPHILIA AND OTHER BLOOD
13 CLOTTING PROTEIN DEFICIENCIES; emergency room services; hospice
14 services; emergency, preventive and routine dental care, including
15 medically necessary orthodontia but excluding cosmetic surgery; emergen-
16 cy, preventive and routine vision care, including eyeglasses; speech and
17 hearing services; and, inpatient and outpatient mental health, alcohol
18 and substance abuse services as defined by the commissioner in consulta-
19 tion with the superintendent. "Covered health care services" shall not
20 include drugs, procedures and supplies for the treatment of erectile
21 dysfunction when provided to, or prescribed for use by, a person who is
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09165-02-1
S. 3389 2
1 required to register as a sex offender pursuant to article six-C of the
2 correction law, provided that any denial of coverage of such drugs,
3 procedures or supplies shall provide the patient with the means of
4 obtaining additional information concerning both the denial and the
5 means of challenging such denial.
6 S 2. Subdivision 7 of section 2510 of the public health law, as added
7 by chapter 922 of the laws of 1990, is amended to read as follows:
8 7. a. "Primary and preventive health care services" means: the
9 services of physicians, optometrists, nurses, nurse practitioners,
10 midwives and other related professional personnel which are provided on
11 an outpatient basis, including routine well-child visits; diagnosis and
12 treatment of illness and injury; laboratory tests; diagnostic x-rays;
13 prescription drugs; radiation therapy; chemotherapy; hemodialysis;
14 OUTPATIENT BLOOD CLOTTING FACTOR PRODUCTS AND OTHER TREATMENTS AND
15 SERVICES FURNISHED IN CONNECTION WITH THE CARE OF HEMOPHILIA AND OTHER
16 BLOOD CLOTTING PROTEIN DEFICIENCIES; emergency room services; hospice
17 services; and, outpatient alcohol and substance abuse services as
18 defined by the commissioner in consultation with the superintendent.
19 b. "Optional primary and preventive health care services" means:
20 dental, vision, speech and hearing services as defined by the commis-
21 sioner in consultation with the superintendent.
22 S 3. Subparagraphs (xv) and (xvi) of paragraph (e) of subdivision 1 of
23 section 369-ee of the social services law, subparagraph (xv) as amended
24 and subparagraph (xvi) as added by chapter 526 of the laws of 2002, are
25 amended and a new paragraph (xvii) is added to read as follows:
26 (xv) services provided to meet the requirements of 42 U.S.C. 1396d(r);
27 [and]
28 (xvi) hospice services; AND
29 (XVII) OUTPATIENT BLOOD CLOTTING FACTOR PRODUCTS AND OTHER TREATMENTS
30 AND SERVICES FURNISHED IN CONNECTION WITH THE CARE OF HEMOPHILIA AND
31 OTHER BLOOD CLOTTING PROTEIN DEFICIENCIES AS DEFINED BY THE COMMISSIONER
32 OF HEALTH IN CONSULTATION WITH THE SUPERINTENDENT.
33 S 4. Paragraph 13 of subsection (d) of section 4326 of the insurance
34 law, as added by chapter 1 of the laws of 1999, is amended to read as
35 follows:
36 (13) blood and blood products furnished in connection with surgery or
37 inpatient hospital services OR OUTPATIENT SERVICES FOR HEMOPHILIA AND
38 OTHER BLOOD CLOTTING PROTEIN DEFICIENCIES; and
39 S 5. This act shall take effect on the first of April next succeeding
40 the date upon which it shall have become a law.
