Bill Text: NY S07141 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to mandating insurance coverage for medical devices and products to treat withdrawal symptoms which are approved by the food and drug administration.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INSURANCE [S07141 Detail]

Download: New_York-2017-S07141-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7141
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance
        AN ACT to amend the insurance law, in relation  to  mandating  insurance
          coverage for medical devices to treat withdrawal symptoms
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (A) of  paragraph  30  of  subsection  (i)  of
     2  section  3216 of the insurance law, as amended by section 1 of part B of
     3  chapter 71 of the laws of 2016, is amended to read as follows:
     4    (A) Every policy that provides  hospital,  major  medical  or  similar
     5  comprehensive coverage must provide inpatient coverage for the diagnosis
     6  and  treatment  of  substance use disorder, including detoxification and
     7  rehabilitation services,  including  the  use  of  medications,  medical
     8  devices  and  products  approved by the food and drug administration for
     9  the treatment of withdrawal  symptoms.  Such  inpatient  coverage  shall
    10  include unlimited medically necessary treatment for substance use disor-
    11  der  treatment  services provided in residential settings as required by
    12  the Mental Health Parity and Addiction Equity Act of 2008 (29  U.S.C.  §
    13  1185a).    Further,  such  inpatient  coverage shall not apply financial
    14  requirements or  treatment  limitations,  including  utilization  review
    15  requirements, to inpatient substance use disorder benefits that are more
    16  restrictive  than  the  predominant financial requirements and treatment
    17  limitations applied to substantially all medical and  surgical  benefits
    18  covered by the policy. Further, such coverage shall be provided consist-
    19  ent  with  the  federal  Paul  Wellstone and Pete Domenici Mental Health
    20  Parity and Addiction Equity Act of 2008 (29 U.S.C. § 1185a).
    21    § 2. Subparagraph (A) of paragraph 31 of  subsection  (i)  of  section
    22  3216  of  the insurance law, as added by chapter 41 of the laws of 2014,
    23  is amended to read as follows:
    24    (A) Every policy that  provides  medical,  major  medical  or  similar
    25  comprehensive-type  coverage  must  provide  outpatient coverage for the
    26  diagnosis and treatment of substance use disorder, including detoxifica-
    27  tion and rehabilitation services,  including  the  use  of  medications,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13812-01-7
        S. 7141                             2
     1  medical  devices  and  products  approved  by the food and drug adminis-
     2  tration for the treatment of withdrawal symptoms.   Such coverage  shall
     3  not  apply financial requirements or treatment limitations to outpatient
     4  substance  use  disorder  benefits  that  are  more restrictive than the
     5  predominant financial requirements and treatment limitations applied  to
     6  substantially  all  medical and surgical benefits covered by the policy.
     7  Further, such coverage shall be provided  consistent  with  the  federal
     8  Paul  Wellstone  and  Pete  Domenici  Mental Health Parity and Addiction
     9  Equity Act of 2008 (29 U.S.C. § 1185a).
    10    § 3. Paragraph 7-a of subsection (l) of section 3221 of the  insurance
    11  law,  as added by section 2 of part B of chapter 69 of the laws of 2016,
    12  is amended to read as follows:
    13    (7-a) Every policy that provides medical,  major  medical  or  similar
    14  comprehensive-type large group coverage shall provide coverage for medi-
    15  cation  for  the  detoxification  or  maintenance  treatment,  including
    16  medical devices or products for the treatment of withdrawal symptoms, of
    17  a substance use disorder approved by the food  and  drug  administration
    18  for  the detoxification or maintenance treatment of substance use disor-
    19  der.
    20    § 4. Subsection (l-1) of section 4303 of the insurance law,  as  added
    21  by  section 3 of part B of chapter 69 of the laws of 2016, is amended to
    22  read as follows:
    23    (l-1) Every contract that provides medical, major medical, or  similar
    24  comprehensive-type large group coverage shall provide coverage for medi-
    25  cation  for  the  detoxification  or  maintenance  treatment,  including
    26  medical devices or products for the treatment of withdrawal symptoms, of
    27  a substance use disorder approved by the food  and  drug  administration
    28  for  the detoxification or maintenance treatment of substance use disor-
    29  der.
    30    § 5. This act shall take effect on the first of January next  succeed-
    31  ing  the  date  on  which  it shall have become a law and shall apply to
    32  policies and contracts issued, renewed, modified, altered or amended  on
    33  and after such date.