Bill Text: NY S06038 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to mandatory health insurance coverage for acupuncture services.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INSURANCE [S06038 Detail]

Download: New_York-2023-S06038-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6038

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 27, 2023
                                       ___________

        Introduced  by  Sens. PARKER, LIU -- 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  mandatory  health
          insurance coverage for acupuncture services

          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  issued  within the health benefit exchange estab-
     4  lished pursuant to section 1311 of the affordable care act, 42 U.S.C.  §
     5  18031,  shall  provide  coverage for acupuncture treatment as defined in
     6  section eight thousand two hundred eleven of the education law  provided
     7  by  an individual licensed, authorized, or certified pursuant to article
     8  one hundred sixty of the education law. However,  acupuncture  treatment
     9  and  services  may  be  subject to reasonable deductible, co-payment and
    10  co-insurance amount, reasonable fee or benefit  limits,  and  reasonable
    11  utilization  review,  provided  that  any such amounts, limits or review
    12  shall be no greater than other essential health benefits covered by  the
    13  policy  and  provided  further  that any such amounts, limits, or review
    14  shall not function  to  direct  treatment  in  a  manner  discriminative
    15  against  acupuncture  treatment.  Nothing  herein  shall be construed as
    16  impending or preventing either the provision or coverage of  acupuncture
    17  treatment  and  services  by  duly  licensed or certified acupuncturist,
    18  within the lawful scope of the  practice  of  acupuncture,  in  hospital
    19  facilities on a staff or employee basis.
    20    §  2.  Section  4303  of  the insurance law is amended by adding a new
    21  subsection (vv) to read as follows:
    22    (vv) Every policy issued within the  health  benefit  exchange  estab-
    23  lished  pursuant to section 1311 of the affordable care act, 42 U.S.C. §
    24  18031, shall provide coverage for acupuncture treatment  as  defined  in
    25  section  eight thousand two hundred eleven of the education law provided

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03036-02-3
        S. 6038                             2

     1  by an individual licensed, authorized, or certified pursuant to  article
     2  one  hundred  sixty of the education law. However, acupuncture treatment
     3  and services may be subject to  reasonable  deductible,  co-payment  and
     4  co-insurance  amount,  reasonable  fee or benefit limits, and reasonable
     5  utilization review, provided that any such  amounts,  limits  or  review
     6  shall  be no greater than other essential health benefits covered by the
     7  policy and provided further that any such  amounts,  limits,  or  review
     8  shall  not  function  to  direct  treatment  in  a manner discriminative
     9  against acupuncture treatment. Nothing  herein  shall  be  construed  as
    10  impeding  or  preventing either the provision or coverage of acupuncture
    11  treatment and services by duly  licensed  or  certified  acupuncturists,
    12  within  the  lawful  scope  of  the practice of acupuncture, in hospital
    13  facilities on a staff or employees basis.
    14    § 3. This act shall take effect on the ninetieth day  after  it  shall
    15  have  become  a  law  and  shall apply to policies and contracts issued,
    16  renewed, modified, altered or amended on or after such effective date.