Bill Text: NY A07696 | 2011-2012 | 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.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2012-03-20 - print number 7696a [A07696 Detail]

Download: New_York-2011-A07696-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7696
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 13, 2011
                                      ___________
       Introduced  by  M.  of A. THIELE, J. MILLER -- read once and referred to
         the Committee on Insurance
       AN ACT to amend the insurance law and the workers' compensation law,  in
         relation  to  coverage  of long term medical care for Lyme disease and
         other tick borne related pathogens
         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 28 to read as follows:
    3    (28) EVERY INSURER ISSUING A POLICY OF ACCIDENT AND  HEALTH  INSURANCE
    4  FOR  DELIVERY  IN  THIS  STATE  SHALL PROVIDE COVERAGE FOR ALL COSTS FOR
    5  TREATMENT OF LYME  DISEASE  (LYME  BORRELIOSIS)  AND  OTHER  TICK  BORNE
    6  RELATED  PATHOGENS.  SUCH  TREATMENT  SHALL INCLUDE NOT LESS THAN THIRTY
    7  DAYS OF INTRAVENOUS ANTIBIOTIC THERAPY, SIXTY DAYS  OF  ORAL  ANTIBIOTIC
    8  THERAPY,  OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT IF RECOMMENDED BY
    9  A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   10    S 2. Subsection (l) of section 3221 of the insurance law is amended by
   11  adding a new paragraph 18 to read as follows:
   12    (18) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
   13  THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL  COVERAGE  SHALL
   14  PROVIDE  COVERAGE  FOR  ALL  COSTS  FOR  TREATMENT OF LYME DISEASE (LYME
   15  BORRELIOSIS) AND OTHER TICK  BORNE  RELATED  PATHOGENS.  SUCH  TREATMENT
   16  SHALL INCLUDE NOT LESS THAN THIRTY DAYS OF INTRAVENOUS ANTIBIOTIC THERA-
   17  PY,  SIXTY  DAYS  OF ORAL ANTIBIOTIC THERAPY, OR BOTH, AND SHALL PROVIDE
   18  FURTHER TREATMENT IF RECOMMENDED BY A  PHYSICIAN  LICENSED  TO  PRACTICE
   19  MEDICINE IN THE STATE OF NEW YORK.
   20    S  3.  Section  4303  of  the insurance law is amended by adding a new
   21  subsection (hh) to read as follows:
   22    (HH) EVERY MEDICAL EXPENSE  INDEMNITY  CORPORATION,  HOSPITAL  SERVICE
   23  CORPORATION  AND  HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
   24  MEDICAL, SURGICAL OR MAJOR MEDICAL CARE SHALL PROVIDE COVERAGE  FOR  ALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11530-01-1
       A. 7696                             2
    1  COSTS  FOR  TREATMENT  OF LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK
    2  BORNE RELATED PATHOGENS.   SUCH TREATMENT SHALL INCLUDE  NOT  LESS  THAN
    3  THIRTY  DAYS OF INTRAVENOUS ANTIBIOTIC THERAPY, SIXTY DAYS OF ORAL ANTI-
    4  BIOTIC  THERAPY,  OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT IF RECOM-
    5  MENDED BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF  NEW
    6  YORK.
    7    S  4.  Paragraph  30  of  subdivision  2  of section 3 of the workers'
    8  compensation law, as renumbered by chapter 665 of the laws of  1971,  is
    9  renumbered  paragraph  31  and  a  new  paragraph 30 is added to read as
   10  follows:
   11    30. LYME DISEASE                           30. ANY PROCESS INVOLVING
   12    (LYME BORRELIOSIS)                         OUTDOOR ACTIVITY OR
   13    AND OTHER TICK BORNE                       TREATMENT OF ANIMALS.
   14    RELATED PATHOGENS.
   15    S 5. The closing paragraph of subdivision 2 of section 3 of the  work-
   16  ers' compensation law, as amended by chapter 666 of the laws of 1971, is
   17  amended to read as follows:
   18    Nothing  in paragraph [thirty] THIRTY-ONE of this subdivision shall be
   19  construed to apply to  any  disability  or  death  due  to  any  disease
   20  described in paragraph twenty-nine of this subdivision.
   21    S  6. Subdivision 9 of section 201 of the workers' compensation law is
   22  amended by adding a new paragraph C to read as follows:
   23    C. "DISABILITY" ALSO INCLUDES DISABILITY CAUSED BY  OR  IN  CONNECTION
   24  WITH LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK BORNE RELATED PATHO-
   25  GENS.
   26    S 7. This act shall take effect on the one hundred twentieth day after
   27  it  shall have become a law provided, however, that effective immediate-
   28  ly, the addition, amendment and/or repeal of any  rules  or  regulations
   29  necessary  for  the implementation of this act on its effective date are
   30  authorized to be made on or before such effective date.