Bill Text: NY S03664 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to coverage for the screening, diagnosis and treatment of autism spectrum disorder; removes provisions of the monetary limit for coverage of applied behavior analysis.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO INSURANCE [S03664 Detail]
Download: New_York-2015-S03664-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3664 2015-2016 Regular Sessions I N S E N A T E February 13, 2015 ___________ Introduced by Sen. ORTT -- 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 for the screening, diagnosis and treatment of autism spectrum disorder THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subparagraph (B) of paragraph 25 of subsection (i) of 2 section 3216 of the insurance law, as amended by section 38 of part D of 3 chapter 56 of the laws of 2013, is amended to read as follows: 4 (B) Every policy [that] WHICH provides physician services, medical, 5 major medical or similar comprehensive-type coverage shall provide 6 coverage for the screening, diagnosis and treatment of autism spectrum 7 disorder in accordance with this paragraph and shall not exclude cover- 8 age for the screening, diagnosis or treatment of medical conditions 9 otherwise covered by the policy because the individual is diagnosed with 10 autism spectrum disorder. Such coverage may be subject to annual deduct- 11 ibles, copayments and coinsurance as may be deemed appropriate by the 12 superintendent and shall be consistent with those imposed on other bene- 13 fits under the policy. [Coverage for applied behavior analysis shall be 14 subject to a maximum benefit of six hundred eighty hours of treatment 15 per policy or calendar year per covered individual.] This paragraph 16 shall not be construed as limiting the benefits that are otherwise 17 available to an individual under the policy, provided however that such 18 policy shall not contain any limitations on visits that are solely 19 applied to the treatment of autism spectrum disorder. No insurer shall 20 terminate coverage or refuse to deliver, execute, issue, amend, adjust, 21 or renew coverage to an individual solely because the individual is 22 diagnosed with autism spectrum disorder or has received treatment for 23 autism spectrum disorder. Coverage shall be subject to utilization 24 review and external appeals of health care services pursuant to article EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09014-01-5 S. 3664 2 1 forty-nine of this chapter as well as, case management, and other 2 managed care provisions. 3 S 2. Subparagraph (B) of paragraph 17 of subsection (l) of section 4 3221 of the insurance law, as amended by section 39 of part D of chapter 5 56 of the laws of 2013, is amended to read as follows: 6 (B) Every group or blanket policy [that] WHICH provides physician 7 services, medical, major medical or similar comprehensive-type coverage 8 shall provide coverage for the screening, diagnosis and treatment of 9 autism spectrum disorder in accordance with this paragraph and shall not 10 exclude coverage for the screening, diagnosis or treatment of medical 11 conditions otherwise covered by the policy because the individual is 12 diagnosed with autism spectrum disorder. Such coverage may be subject to 13 annual deductibles, copayments and coinsurance as may be deemed appro- 14 priate by the superintendent and shall be consistent with those imposed 15 on other benefits under the group or blanket policy. [Coverage for 16 applied behavior analysis shall be subject to a maximum benefit of six 17 hundred eighty hours of treatment per policy or calendar year per 18 covered individual.] This paragraph shall not be construed as limiting 19 the benefits that are otherwise available to an individual under the 20 group or blanket policy, provided however that such policy shall not 21 contain any limitations on visits that are solely applied to the treat- 22 ment of autism spectrum disorder. No insurer shall terminate coverage or 23 refuse to deliver, execute, issue, amend, adjust, or renew coverage to 24 an individual solely because the individual is diagnosed with autism 25 spectrum disorder or has received treatment for autism spectrum disor- 26 der. Coverage shall be subject to utilization review and external 27 appeals of health care services pursuant to article forty-nine of this 28 chapter as well as, case management, and other managed care provisions. 29 S 3. Paragraph 2 of subsection (ee) of section 4303 of the insurance 30 law, as amended by section 40 of part D of chapter 56 of the laws of 31 2013, is amended to read as follows: 32 (2) Every contract [that] WHICH provides physician services, medical, 33 major medical or similar comprehensive-type coverage shall provide 34 coverage for the screening, diagnosis and treatment of autism spectrum 35 disorder in accordance with this paragraph and shall not exclude cover- 36 age for the screening, diagnosis or treatment of medical conditions 37 otherwise covered by the contract because the individual is diagnosed 38 with autism spectrum disorder. Such coverage may be subject to annual 39 deductibles, copayments and coinsurance as may be deemed appropriate by 40 the superintendent and shall be consistent with those imposed on other 41 benefits under the contract. [Coverage for applied behavior analysis 42 shall be subject to a maximum benefit of six hundred eighty hours of 43 treatment per contract or calendar year per covered individual.] This 44 paragraph shall not be construed as limiting the benefits that are 45 otherwise available to an individual under the contract, provided howev- 46 er that such contract shall not contain any limitations on visits that 47 are solely applied to the treatment of autism spectrum disorder. No 48 insurer shall terminate coverage or refuse to deliver, execute, issue, 49 amend, adjust, or renew coverage to an individual solely because the 50 individual is diagnosed with autism spectrum disorder or has received 51 treatment for autism spectrum disorder. Coverage shall be subject to 52 utilization review and external appeals of health care services pursuant 53 to article forty-nine of this chapter as well as, case management, and 54 other managed care provisions. 55 S 4. This act shall take effect immediately.