Bill Text: NY S03379 | 2023-2024 | General Assembly | Introduced

---

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) 2024-01-03 - REFERRED TO INSURANCE [S03379 Detail]

Download: New_York-2023-S03379-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3379

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced by Sens. KENNEDY, HARCKHAM -- read twice and ordered printed,
          and when printed to be committed 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 39 to read as follows:
     3    (39)  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    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    11  adding a new paragraph 22 to read as follows:
    12    (22) 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    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
    21  subsection (uu) to read as follows:
    22    (uu)  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.
                                                                   LBD06175-01-3
        S. 3379                             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    §  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    § 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    §  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    § 7. This act shall take effect on the one hundred twentieth day after
    27  it  shall have become a law. Effective immediately, the addition, amend-
    28  ment and/or repeal of any rules or regulations necessary for the  imple-
    29  mentation  of  this  act on its effective date are authorized to be made
    30  and completed on or before such effective date.