Bill Text: NY A04372 | 2013-2014 | General Assembly | Amended

---

Bill Title: Provides that every policy which provides coverage for hospital, surgical or medical care or provides reimbursement for laboratory tests or diagnostic X-rays shall provide coverage for testing of familial dysautonomia, Canavan's disease and Tay-Sachs; provides that in order to maintain the confidentiality of persons tested, receipt of acknowledgement from the testing facility shall be deemed sufficient evidence of testing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-31 - print number 4372a [A04372 Detail]

Download: New_York-2013-A04372-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4372--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2013
                                      ___________
       Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
         tee  on  Insurance  --  recommitted  to  the Committee on Insurance in
         accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the insurance law,  in  relation  to  reimbursement  for
         testing for familial dysautonomia, Canavan's disease and Tay-Sachs
         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 30 to read as follows:
    3    (30)  (A)  EVERY POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
    4  OR MEDICAL CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY  TESTS  OR
    5  REIMBURSEMENT  FOR  DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR
    6  TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.
    7    (B) SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW  POLI-
    8  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
    9  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
   10    (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
   11  TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
   12  TORY  PERFORMING  THE  TEST FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE
   13  AND TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE  OF
   14  SUCH TESTING.
   15    (D)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
   16  RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
   17  CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
   18  POLICY.
   19    S 2. Subsection (l) of section 3221 of the insurance law is amended by
   20  adding a new paragraph 19 to read as follows:
   21    (19) (A) A GROUP POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
   22  OR MEDICAL CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY  TESTS  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00235-03-4
       A. 4372--A                          2
    1  REIMBURSEMENT  FOR  DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR
    2  TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.
    3    (B)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
    4  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
    5  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
    6    (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
    7  TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
    8  TORY PERFORMING THE TEST FOR FAMILIAL  DYSAUTONOMIA,  CANAVAN'S  DISEASE
    9  AND  TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE OF
   10  SUCH TESTING.
   11    (D) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
   12  RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
   13  CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
   14  POLICY.
   15    S  3.  Section  4303  of  the insurance law is amended by adding a new
   16  subsection (oo) to read as follows:
   17    (OO) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION, A  HOSPITAL  SERVICE
   18  CORPORATION  OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
   19  HOSPITAL, SURGICAL OR MEDICAL CARE OR PROVIDES REIMBURSEMENT FOR LABORA-
   20  TORY TESTS OR REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL  PROVIDE
   21  COVERAGE  FOR  TESTING  FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND
   22  TAY-SACHS.
   23    (2) SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW  POLI-
   24  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
   25  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
   26    (3)  FOR  PURPOSES OF THIS SUBSECTION, IN ORDER TO MAINTAIN THE CONFI-
   27  DENTIALITY OF PERSONS TESTED, RECEIPT  OF  AN  ACKNOWLEDGMENT  FROM  THE
   28  LABORATORY  PERFORMING  THE  TEST  FOR  FAMILIAL DYSAUTONOMIA, CANAVAN'S
   29  DISEASE AND  TAY-SACHS  SHALL  BE  DEEMED  SUFFICIENT  EVIDENCE  OF  THE
   30  PERFORMANCE OF SUCH TESTING.
   31    (4)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
   32  RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
   33  CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
   34  POLICY.
   35    S 4. This act shall take effect immediately.