Bill Text: NY A03605 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to mandating insurance coverage for medical devices and products to treat withdrawal symptoms which are approved by the food and drug administration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to insurance [A03605 Detail]
Download: New_York-2021-A03605-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3605 2021-2022 Regular Sessions IN ASSEMBLY January 28, 2021 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to mandating insurance coverage for medical devices to treat withdrawal symptoms The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (A) of paragraph 30 of subsection (i) of 2 section 3216 of the insurance law, as amended by section 5 of subpart A 3 of part BB of chapter 57 of the laws of 2019, is amended to read as 4 follows: 5 (A) Every policy that provides hospital, major medical or similar 6 comprehensive coverage shall provide inpatient coverage for the diagno- 7 sis and treatment of substance use disorder, including detoxification 8 and rehabilitation services, including the use of medications, medical 9 devices and products approved and/or cleared by the food and drug admin- 10 istration for the treatment of withdrawal symptoms. Such inpatient 11 coverage shall include unlimited medically necessary treatment for 12 substance use disorder treatment services provided in residential 13 settings. Further, such inpatient coverage shall not apply financial 14 requirements or treatment limitations, including utilization review 15 requirements, to inpatient substance use disorder benefits that are more 16 restrictive than the predominant financial requirements and treatment 17 limitations applied to substantially all medical and surgical benefits 18 covered by the policy. 19 § 2. Paragraph 30 of subsection (i) of section 3216 of the insurance 20 law, as amended by section 7 of subpart B of part J of chapter 57 of the 21 laws of 2019, is renumbered paragraph 30-a. 22 § 3. Paragraph 7-a of subsection (l) of section 3221 of the insurance 23 law, as added by chapter 748 of the laws of 2019, is amended to read as 24 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00906-01-1A. 3605 2 1 (7-a) (A) Every policy that provides medical, major medical or similar 2 comprehensive-type large group coverage shall provide immediate coverage 3 for all buprenorphine products, methadone or long acting injectable 4 naltrexone, including medical devices or products for the treatment of 5 withdrawal symptoms, without prior authorization for the detoxification 6 or maintenance treatment of a substance use disorder. 7 (B) Coverage provided under this paragraph may be subject to copay- 8 ments, coinsurance, and annual deductibles that are consistent with 9 those imposed on other benefits within the policy. 10 § 4. Subsection (l-1) of section 4303 of the insurance law, as added 11 by chapter 748 of the laws of 2019, is amended to read as follows: 12 (l-1) (A) Every contract that provides medical, major medical, or 13 similar comprehensive-type large group coverage shall provide immediate 14 coverage for all buprenorphine products, methadone or long acting 15 injectable naltrexone, including any medical devices or products for the 16 treatment of withdrawal symptoms, without prior authorization for the 17 detoxification or maintenance treatment of a substance use disorder. 18 (B) Coverage provided under this paragraph may be subject to copay- 19 ments, coinsurance, and annual deductibles that are consistent with 20 those imposed on other benefits within the policy. 21 § 5. Subparagraph (A) of paragraph 31 of subsection (i) of section 22 3216 of the insurance law, as amended by section 6 of subpart A of part 23 BB of chapter 57 of the laws of 2019, is amended to read as follows: 24 (A) Every policy that provides medical, major medical or similar 25 comprehensive-type coverage shall provide outpatient coverage for the 26 diagnosis and treatment of substance use disorder, including detoxifica- 27 tion and rehabilitation services, including the use of medications, 28 medical devices and products approved and/or cleared by the food and 29 drug administration for the treatment of withdrawal symptoms. Such 30 coverage shall not apply financial requirements or treatment limitations 31 to outpatient substance use disorder benefits that are more restrictive 32 than the predominant financial requirements and treatment limitations 33 applied to substantially all medical and surgical benefits covered by 34 the policy. 35 § 6. This act shall take effect on the same date and in the same 36 manner as subpart A of part BB of chapter 57 of the laws of 2019, takes 37 effect and shall apply to policies and contracts issued, renewed, modi- 38 fied, altered or amended on and after such date; provided, however, that 39 section two of this act shall take effect on the same date and in the 40 same manner as section 7 of subpart B of part J of chapter 57 of the 41 laws of 2019, takes effect.
