Bill Text: NY A04598 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens; provides for taxpayer gifts for tick borne illness research, detection and education; establishes the tick borne illness research, detection and education fund.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced) 2024-01-03 - referred to insurance [A04598 Detail]

Download: New_York-2023-A04598-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4598

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 17, 2023
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Insurance

        AN  ACT to amend the insurance law, in relation to coverage of long term
          medical care for Lyme disease and other tick borne related  pathogens;
          and  to  amend  the  tax law and the state finance law, in relation to
          providing  for  taxpayer  gifts  for  tick  borne  illness   research,
          detection  and  education  and  establishing  the  tick  borne illness
          research, detection and education fund

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the "tick borne
     2  illness treatment and education act of 2023".
     3    § 2. Subsection (i) of section 3216 of the insurance law is amended by
     4  adding a new paragraph 39 to read as follows:
     5    (39)  Every  insurer issuing a policy of accident and health insurance
     6  for delivery in this state shall provide  coverage  for  all  costs  for
     7  treatment  of  Lyme  disease  (Lyme  borreliosis)  and  other tick borne
     8  related pathogens.  Such treatment may  include  intravenous  antibiotic
     9  therapy,  oral antibiotic therapy, or any other treatment, or any combi-
    10  nation of treatments, provided such treatment is recommended by a physi-
    11  cian licensed to practice medicine in the state of New York.
    12    § 3. Subsection (k) of section 3221 of the insurance law is amended by
    13  adding a new paragraph 23 to read as follows:
    14    (23) Every group or blanket policy delivered or issued for delivery in
    15  this state which provides hospital, surgical or medical  coverage  shall
    16  provide  coverage  for  all  costs  for  treatment of Lyme disease (Lyme
    17  borreliosis) and other tick borne related pathogens.  Such treatment may
    18  include intravenous antibiotic therapy, oral antibiotic therapy, or  any
    19  other  treatment, or any combination of treatments, provided such treat-
    20  ment is recommended by a physician licensed to practice medicine in  the
    21  state of New York.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07820-01-3
        A. 4598                             2

     1    §  4.  Section  4303  of  the insurance law is amended by adding a new
     2  subsection (uu) to read as follows:
     3    (uu)  Every  medical  expense  indemnity corporation, hospital service
     4  corporation and health service corporation which provides  coverage  for
     5  medical,  surgical  or major medical care shall provide coverage for all
     6  costs for treatment of Lyme disease (Lyme borreliosis)  and  other  tick
     7  borne related pathogens.  Such treatment may include intravenous antibi-
     8  otic  therapy,  oral  antibiotic therapy, or any other treatment, or any
     9  combination of treatments, provided such treatment is recommended  by  a
    10  physician licensed to practice medicine in the state of New York.
    11    §  5.  The tax law is amended by adding a new section 209-q to read as
    12  follows:
    13    § 209-q. Gift for tick borne illness research,  detection  and  educa-
    14  tion.  A  taxpayer  in  any  taxable year may elect to contribute to the
    15  support of the tick borne  illness  research,  detection  and  education
    16  fund.  Such  contribution  shall be in any whole dollar amount and shall
    17  not reduce the amount of the  state  tax  owed  by  such  taxpayer.  The
    18  commissioner  shall  include space on the corporate income tax return to
    19  enable a taxpayer to make such contribution. Notwithstanding  any  other
    20  provision  of law, all revenues collected pursuant to this section shall
    21  be credited to the tick borne illness research, detection and  education
    22  fund  and  shall  be  used only for those purposes enumerated in section
    23  ninety-seven-ii of the state finance law.
    24    § 6. The tax law is amended by adding a new section 630-l to  read  as
    25  follows:
    26    §  630-l.  Gift  for tick borne illness research, detection and educa-
    27  tion. An individual in any taxable year may elect to contribute  to  the
    28  tick borne illness research, detection and education fund. Such contrib-
    29  ution  shall  be  in  any  whole  dollar amount and shall not reduce the
    30  amount of state tax owed by  such  individual.  The  commissioner  shall
    31  include  space on the personal income tax return to enable a taxpayer to
    32  make such contribution.  Notwithstanding any other provision of law  all
    33  revenues  collected  pursuant  to  this section shall be credited to the
    34  tick borne illness research, detection and education fund and used  only
    35  for  those  purposes  enumerated in section ninety-seven-ii of the state
    36  finance law.
    37    § 7. The state finance law is amended by adding a new section 97-ii to
    38  read as follows:
    39    § 97-ii. Tick borne illness research, detection and education fund. 1.
    40  There is hereby established in the joint custody of the commissioner  of
    41  taxation  and finance and the comptroller, a special fund to be known as
    42  the "tick borne illness research, detection and education fund".
    43    2. Such fund shall consist of all revenues received by the  department
    44  of  taxation  and  finance,  pursuant  to the provisions of sections two
    45  hundred nine-q and six hundred thirty-l of the tax  law  and  all  other
    46  moneys  appropriated,  credited,  or  transferred thereto from any other
    47  fund or source pursuant to law. Nothing contained in this section  shall
    48  prevent  the  state  from  receiving  grants,  gifts or bequests for the
    49  purposes of the fund as defined in this section and depositing them into
    50  the fund according to law.
    51    3. Monies of the fund shall be expended only for  tick  borne  illness
    52  research,  detection  and education projects pursuant to section twenty-
    53  seven hundred ninety-eight of the public health law.
    54    4. Monies shall be payable from the fund on the audit and  warrant  of
    55  the  comptroller  on vouchers approved and certified by the commissioner
    56  of health.
        A. 4598                             3

     1    5. To the extent practicable, the commissioner of health shall  ensure
     2  that  all monies received during a fiscal year are expended prior to the
     3  end of that fiscal year.
     4    § 8. This act shall take effect on the one hundred twentieth day after
     5  it  shall have become a law. Effective immediately, the addition, amend-
     6  ment and/or repeal of any rule or regulation necessary for the implemen-
     7  tation of this act on its effective date are authorized to be  made  and
     8  completed on or before such effective date.