STATE OF NEW YORK
        ________________________________________________________________________
                                          1222
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by  Sens. RIVERA, LATIMER -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health
        AN ACT to amend the social services law, in relation to requiring  Medi-
          caid  coverage of both blood testing and skin prick testing for aller-
          gies
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The social services law is amended by adding a new section
     2  365-o to read as follows:
     3    § 365-o. Allergy testing coverage. The  commissioner  shall  establish
     4  standards  and guidelines, consistent with National Institutes of Health
     5  guidelines and other current medical professional guidance  and  litera-
     6  ture, including updating its provider bulletins, as necessary, to refer-
     7  ence  the  most  current professional literature and guidance related to
     8  allergy testing for the provision of allergy testing under  the  medical
     9  assistance  program.    Consistent with such professional literature and
    10  guidance, such standards, guidelines and coverage policies  shall  treat
    11  serologic-specific  IgE  tests and percutaneous skin tests as equivalent
    12  confirmatory tests in terms of their sensitivity and accuracy, and shall
    13  treat them as medically necessary for those individuals with  a  medical
    14  history consistent with any of the following:
    15    (a) an inhalant allergy;
    16    (b) a food allergy;
    17    (c) hymenoptera venom allergy or an allergy to stinging insects;
    18    (d) allergic bronchopulmonary aspergillosis (ABPA);
    19    (e) certain parasitic diseases; and
    20    (f) allergies to specific drugs.
    21    §  2. This act shall take effect the first of July next succeeding the
    22  date upon which it shall become a law; provided  that,  effective  imme-
    23  diately, the commissioner of health shall promulgate all rules and regu-
    24  lations  deemed  necessary  and desirable to implement the provisions of
    25  this act on or before its effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02159-01-7