Bill Text: NY S03478 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INSURANCE [S03478 Detail]

Download: New_York-2013-S03478-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3478
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 4, 2013
                                      ___________
       Introduced  by  Sen.  GIPSON -- 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; and to  amend  the  public  health
         law,  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 2013".
    3    S 2. Subsection (i) of section 3216 of the insurance law is amended by
    4  adding a new paragraph 30 to read as follows:
    5    (30)  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 SHALL INCLUDE  NOT  LESS  THAN  THIRTY
    9  DAYS  OF  INTRAVENOUS  ANTIBIOTIC THERAPY, SIXTY DAYS OF ORAL ANTIBIOTIC
   10  THERAPY, OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT IF RECOMMENDED  BY
   11  A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   12    S 3. Subsection (l) of section 3221 of the insurance law is amended by
   13  adding a new paragraph 19 to read as follows:
   14    (19) 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
   18  SHALL INCLUDE NOT LESS THAN THIRTY DAYS OF INTRAVENOUS ANTIBIOTIC THERA-
   19  PY, SIXTY DAYS OF ORAL ANTIBIOTIC THERAPY, OR BOTH,  AND  SHALL  PROVIDE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08366-03-3
       S. 3478                             2
    1  FURTHER  TREATMENT  IF  RECOMMENDED  BY A PHYSICIAN LICENSED TO PRACTICE
    2  MEDICINE IN THE STATE OF NEW YORK.
    3    S  4.  Section  4303  of  the insurance law is amended by adding a new
    4  subsection (jj) to read as follows:
    5    (JJ) EVERY MEDICAL EXPENSE  INDEMNITY  CORPORATION,  HOSPITAL  SERVICE
    6  CORPORATION  AND  HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
    7  MEDICAL, SURGICAL OR MAJOR MEDICAL CARE SHALL PROVIDE COVERAGE  FOR  ALL
    8  COSTS  FOR  TREATMENT  OF LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK
    9  BORNE RELATED PATHOGENS.   SUCH TREATMENT SHALL INCLUDE  NOT  LESS  THAN
   10  THIRTY  DAYS OF INTRAVENOUS ANTIBIOTIC THERAPY, SIXTY DAYS OF ORAL ANTI-
   11  BIOTIC THERAPY, OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT  IF  RECOM-
   12  MENDED  BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW
   13  YORK.
   14    S 5. Paragraph 30 of subdivision  2  of  section  3  of  the  workers'
   15  compensation  law,  as renumbered by chapter 665 of the laws of 1971, is
   16  renumbered paragraph 31 and a new paragraph  30  is  added  to  read  as
   17  follows:
   18  30. LYME DISEASE                        30. ANY PROCESS INVOLVING FARMING
   19  (LYME BORRELIOSIS)                      LANDSCAPING OPERATIONS, TREE
   20  AND OTHER TICK BORNE                    PRUNING, SPRAYING, REPAIRING,
   21  RELATED PATHOGENS.                      OR RELATED OCCUPATION WHICH
   22                                          CREATES EXPOSURE TO LYME
   23                                          DISEASE CARRYING ORGANISMS
   24                                          OR CARE OR HANDLING OF ANIMALS.
   25    S  6. The closing paragraph of subdivision 2 of section 3 of the work-
   26  ers' compensation law, as amended by chapter 666 of the laws of 1971, is
   27  amended to read as follows:
   28    Nothing in paragraph [thirty] THIRTY-ONE of this subdivision shall  be
   29  construed  to  apply  to  any  disability  or  death  due to any disease
   30  described in paragraph twenty-nine of this subdivision.
   31    S 7. Subdivision 9 of section 201 of the workers' compensation law  is
   32  amended by adding a new paragraph C to read as follows:
   33    C.  "DISABILITY"  ALSO  INCLUDES DISABILITY CAUSED BY OR IN CONNECTION
   34  WITH LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK BORNE RELATED PATHO-
   35  GENS.
   36    S 8. The public health law is amended by adding a new article 27-FF to
   37  read as follows:
   38                                ARTICLE 27-FF
   39                              EDUCATION PROGRAM
   40  SECTION 2790. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION.
   41    S 2790. TICK BORNE ILLNESS RESEARCH, DETECTION  AND  EDUCATION.    THE
   42  COMMISSIONER  SHALL ESTABLISH WITHIN THE DEPARTMENT A PROGRAM TO PROMOTE
   43  RESEARCH, DETECTION AND PATIENT EDUCATION REGARDING TICK  BORNE  RELATED
   44  PATHOGENS.  TO  CARRY OUT THE PURPOSES OF THIS SECTION, THE COMMISSIONER
   45  SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   46    1. TO PROMOTE PATIENT EDUCATION PROGRAMS DESIGNED TO REDUCE OR PREVENT
   47  THE INCIDENCE AND SEVERITY OF TICK BORNE ILLNESSES SUCH AS LYME  DISEASE
   48  AND INCREASE DETECTION OF SUCH ILLNESSES;
   49    2.  TO  PROMOTE  RESEARCH  FOR  TREATMENT,  PREVENTION  AND  DETECTION
   50  PROGRAMS DESIGNED TO REDUCE THE INCIDENCE AND  SEVERITY  OF  TICK  BORNE
   51  ILLNESSES SUCH AS LYME DISEASE AND INCREASE DETECTION OF SUCH ILLNESSES;
   52    3. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER FUNDS OR APPROPRI-
   53  ATIONS  AS MAY BE AVAILABLE FOR THESE PURPOSES SUBJECT TO LIMITATIONS AS
   54  TO THE APPROVAL OF EXPENDITURES AND AUDIT AS PRESCRIBED FOR STATE  FUNDS
   55  BY THE STATE FINANCE LAW; AND
       S. 3478                             3
    1    4.  TO  ENTER  INTO CONTRACTS WITHIN THE AMOUNTS AVAILABLE THEREFOR AS
    2  MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
    3    S  9.  The tax law is amended by adding a new section 209-H to read as
    4  follows:
    5    S 209-H. GIFT FOR TICK BORNE ILLNESS RESEARCH,  DETECTION  AND  EDUCA-
    6  TION.    A  TAXPAYER  IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
    7  SUPPORT OF THE TICK BORNE  ILLNESS  RESEARCH,  DETECTION  AND  EDUCATION
    8  FUND.  SUCH  CONTRIBUTION  SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL
    9  NOT REDUCE THE AMOUNT OF THE  STATE  TAX  OWED  BY  SUCH  TAXPAYER.  THE
   10  COMMISSIONER  SHALL  INCLUDE SPACE ON THE CORPORATE INCOME TAX RETURN TO
   11  ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING  ANY  OTHER
   12  PROVISION  OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
   13  BE CREDITED TO THE TICK BORNE ILLNESS RESEARCH, DETECTION AND  EDUCATION
   14  FUND  AND  SHALL  BE  USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION
   15  NINETY-SEVEN-CC OF THE STATE FINANCE LAW.
   16    S 10. The tax law is amended by adding a new section 630-c to read  as
   17  follows:
   18    S  630-C.  GIFT  FOR TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCA-
   19  TION.  AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO  THE
   20  TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. SUCH CONTRIB-
   21  UTION  SHALL  BE  IN  ANY  WHOLE  DOLLAR AMOUNT AND SHALL NOT REDUCE THE
   22  AMOUNT OF STATE TAX OWED BY  SUCH  INDIVIDUAL.  THE  COMMISSIONER  SHALL
   23  INCLUDE  SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO
   24  MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW  ALL
   25  REVENUES  COLLECTED  PURSUANT  TO  THIS SECTION SHALL BE CREDITED TO THE
   26  TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND AND USED  ONLY
   27  FOR  THOSE  PURPOSES  ENUMERATED IN SECTION NINETY-SEVEN-CC OF THE STATE
   28  FINANCE LAW.
   29    S 11. The state finance law is amended by adding a new  section  97-cc
   30  to read as follows:
   31    S 97-CC. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. 1.
   32  THERE  IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF
   33  TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN  AS
   34  THE "TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND".
   35    2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
   36  OF TAXATION AND FINANCE, PURSUANT TO  THE  PROVISIONS  OF  SECTIONS  TWO
   37  HUNDRED  NINE-H  AND  SIX  HUNDRED THIRTY-C OF THE TAX LAW AND ALL OTHER
   38  MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED  THERETO  FROM  ANY  OTHER
   39  FUND  OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL
   40  PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR  THE
   41  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
   42  THE FUND ACCORDING TO LAW.
   43    3.  MONIES  OF  THE FUND SHALL BE EXPENDED ONLY FOR TICK BORNE ILLNESS
   44  RESEARCH, DETECTION AND EDUCATION PROJECTS. AS  USED  IN  THIS  SECTION,
   45  "TICK  BORNE  ILLNESS  RESEARCH, DETECTION AND EDUCATION PROJECTS" MEANS
   46  EDUCATIONAL PROJECTS, INCLUDING GRANTS FOR TICK BORNE ILLNESS  RESEARCH,
   47  DETECTION AND EDUCATION, WHICH, PURSUANT TO SECTION TWENTY-SEVEN HUNDRED
   48  NINETY  OF  THE  PUBLIC  HEALTH  LAW,  ARE APPROVED BY THE DEPARTMENT OF
   49  HEALTH.
   50    4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
   51  THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
   52  OF HEALTH.
   53    5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
   54  THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
   55  END OF THAT FISCAL YEAR.
       S. 3478                             4
    1    S 12. This act shall take effect on  the  one  hundred  twentieth  day
    2  after it shall have become a law provided, however, that effective imme-
    3  diately,  the  addition,  amendment  and/or repeal of any rules or regu-
    4  lations necessary for the implementation of this act  on  its  effective
    5  date are authorized to be made on or before such effective date.