Bill Text: NY A04617 | 2023-2024 | General Assembly | Amended

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Bill Title: Includes Lyme disease and other tick-borne diseases as occupational diseases for purposes of workers' compensation; clarifies that disability includes disability caused by Lyme disease or other tick-borne diseases; requires insurance coverage of long term medical care for Lyme disease and other tick borne diseases.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced) 2024-01-03 - referred to labor [A04617 Detail]

Download: New_York-2023-A04617-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4617--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 17, 2023
                                       ___________

        Introduced  by  M.  of  A. BARRETT, THIELE, LUPARDO, MAGNARELLI, SAYEGH,
          DAVILA, BYRNES, DICKENS, O'DONNELL, JACKSON -- read once and  referred
          to  the  Committee  on  Labor  --  committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the workers' compensation law, in relation to  including
          Lyme  disease  and  other tick-borne diseases as occupational diseases
          for purposes of workers' compensation; and to amend the insurance law,
          in relation to coverage of long term medical care for Lyme disease and
          other tick-borne diseases

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

     1    Section  1. Paragraph 30 of subdivision 2 of section 3 of the workers'
     2  compensation law, as renumbered by chapter 665 of the laws of  1971,  is
     3  renumbered  paragraph  31  and  a  new  paragraph 30 is added to read as
     4  follows:
     5  30. Lyme disease and other                   30. Any process involving
     6  tick-borne diseases.                         outdoor activity or
     7                                               treatment of animals.
     8    § 2. The closing paragraph of subdivision 2 of section 3 of the  work-
     9  ers' compensation law, as amended by chapter 666 of the laws of 1971, is
    10  amended to read as follows:
    11    Nothing  in paragraph [thirty] thirty-one of this subdivision shall be
    12  construed to apply to  any  disability  or  death  due  to  any  disease
    13  described in paragraph twenty-nine of this subdivision.
    14    §  3. Subdivision 9 of section 201 of the workers' compensation law is
    15  amended by adding a new paragraph C to read as follows:
    16    C. "Disability" also includes disability caused by  or  in  connection
    17  with Lyme disease and other tick-borne diseases.
    18    § 4. Subsection (i) of section 3216 of the insurance law is amended by
    19  adding a new paragraph 39 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01432-06-3
        A. 4617--A                          2

     1    (39)   Every insurer issuing a policy of accident and health insurance
     2  for delivery in this state shall provide  coverage  for   all costs  for
     3  treatment  of  Lyme  disease  (Lyme    borreliosis) and other tick-borne
     4  diseases. Such treatment may  include  intravenous  antibiotic  therapy,
     5  oral  antibiotic  therapy, or any other treatment, or any combination of
     6  treatments, provided  such  treatment  is  recommended  by  a  physician
     7  licensed to practice medicine in the state of New York.
     8    § 5. Subsection (k) of section 3221 of the insurance law is amended by
     9  adding a new paragraph  23 to read as follows:
    10    (23) Every group or blanket policy delivered or issued for delivery in
    11  this  state  which provides hospital, surgical or medical coverage shall
    12  provide coverage for all costs  for  treatment  of  Lyme  disease  (Lyme
    13  borreliosis)  and  other tick-borne diseases. Such treatment may include
    14  intravenous antibiotic therapy, oral antibiotic therapy,  or  any  other
    15  treatment,  or any combination of treatments, provided such treatment is
    16  recommended by a physician licensed to practice medicine in the state of
    17  New York.
    18    § 6. Section  4303  of  the insurance law is amended by adding  a  new
    19  subsection (vv) to read as follows:
    20    (vv)  Every  medical  expense  indemnity corporation, hospital service
    21  corporation and health service corporation which provides  coverage  for
    22  medical,  surgical  or major medical care shall provide coverage for all
    23  costs for treatment of Lyme disease (Lyme borreliosis) and  other  tick-
    24  borne diseases. Such treatment may include intravenous antibiotic thera-
    25  py,  oral antibiotic therapy, or any other treatment, or any combination
    26  of treatments, provided such treatment is  recommended  by  a  physician
    27  licensed to practice medicine in the state of New York.
    28    § 7. This act shall take effect on the one hundred twentieth day after
    29  it  shall have become a law. Effective immediately, the addition, amend-
    30  ment and/or repeal of any rule or regulation necessary for the implemen-
    31  tation of this act on its effective date are authorized to be  made  and
    32  completed on or before such effective date.