Bill Text: NY S07934 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 7934 (Prior Session Legislation)

Introduced

Bill Title: Provides for mandatory drug screening for certain children; provides for insurance coverage for such screening.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-08-11 - REFERRED TO RULES [S07934 Detail]

Download: New_York-2013-S07934-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7934
                                   I N  S E N A T E
                                    August 11, 2014
                                      ___________
       Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the public health law, in  relation  to  providing  drug
         screening  for  certain  children;  and to amend the insurance law, in
         relation to providing coverage for such drug screening
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new section
    2  2507 to read as follows:
    3    S 2507. DRUG SCREENING FOR CERTAIN CHILDREN.   1. EVERY  CHILD  TWELVE
    4  YEARS OF AGE OR OLDER BUT YOUNGER THAN NINETEEN YEARS OF AGE MAY AS PART
    5  OF HIS OR HER ANNUAL PHYSICAL PROVIDED BY A HEALTH CARE PROFESSIONAL, BE
    6  SCREENED  FOR  THE  USE OF DRUGS. DRUGS THAT SHALL BE SCREENED FOR UNDER
    7  THIS SECTION SHALL BE DETERMINED BY THE COMMISSIONER.  FOR  PURPOSES  OF
    8  THIS  SECTION  THE  TERM  "HEALTH CARE PROFESSIONAL" SHALL MEAN A HEALTH
    9  CARE PROFESSIONAL APPROPRIATELY LICENSED, REGISTERED OR CERTIFIED PURSU-
   10  ANT TO TITLE EIGHT OF THE EDUCATION LAW.
   11    2. A POSITIVE RESULT TO ANY TEST RECEIVED  UNDER  SUBDIVISION  ONE  OF
   12  THIS  SECTION  SHALL  NOT  BE  REQUIRED  TO BE REPORTED BY A HEALTH CARE
   13  PROFESSIONAL PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES
   14  LAW IN THE ABSENCE OF EVIDENCE THAT SUCH CHILD HAS  OTHERWISE  BEEN  THE
   15  SUBJECT OF NEGLECT OR ABUSE.
   16    S 2. Subsection (i) of section 3216 of the insurance law is amended by
   17  adding a new paragraph 32 to read as follows:
   18    (32)(A)  EVERY  HEALTH  INSURANCE  POLICY  ISSUED OR DELIVERED IN THIS
   19  STATE SHALL PROVIDE  COVERAGE  FOR  DRUG  SCREENING  AS  ESTABLISHED  BY
   20  SECTION TWENTY-FIVE HUNDRED SEVEN OF THE PUBLIC HEALTH LAW.
   21    (B)  COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL NOT BE SUBJECT
   22  TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
   23    (C) ANY REIMBURSEMENT MADE PURSUANT TO THIS PARAGRAPH TO A HEALTH CARE
   24  PROVIDER SHALL BE MADE WITHOUT DISCLOSURE TO ANY PARTY OF THE RESULTS OF
   25  SUCH DRUG SCREENING. DISCLOSURE OF THE RESULTS MAY ONLY BE MADE WITH THE
   26  WRITTEN CONSENT OF THE PARENT OF SUCH CHILD, OR IF SUCH CHILD IS SIXTEEN
   27  YEARS OF AGE OR OLDER, WITH THE CONSENT OF SUCH CHILD.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15669-03-4
       S. 7934                             2
    1    S 3. Section 3221 of the insurance law is  amended  by  adding  a  new
    2  subsection (t) to read as follows:
    3    (T)(1) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS STATE
    4  SHALL  PROVIDE  COVERAGE  FOR  DRUG  SCREENING AS ESTABLISHED BY SECTION
    5  TWENTY-FIVE HUNDRED SEVEN OF THE PUBLIC HEALTH LAW.
    6    (2) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
    7  TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
    8    (3) ANY REIMBURSEMENT MADE PURSUANT TO THIS  SUBSECTION  TO  A  HEALTH
    9  CARE  PROVIDER  SHALL  BE  MADE  WITHOUT  DISCLOSURE TO ANY PARTY OF THE
   10  RESULTS OF SUCH DRUG SCREENING. DISCLOSURE OF THE RESULTS  MAY  ONLY  BE
   11  MADE  WITH  THE  WRITTEN CONSENT OF THE PARENT OF SUCH CHILD, OR IF SUCH
   12  CHILD IS SIXTEEN YEARS OF AGE OR OLDER, WITH THE CONSENT OF SUCH CHILD.
   13    S 4. Section 4303 of the insurance law is  amended  by  adding  a  new
   14  subsection (oo) to read as follows:
   15    (OO)(1)  EVERY  HEALTH  INSURANCE  POLICY  ISSUED OR DELIVERED IN THIS
   16  STATE SHALL PROVIDE  COVERAGE  FOR  DRUG  SCREENING  AS  ESTABLISHED  BY
   17  SECTION TWENTY-FIVE HUNDRED SEVEN OF THE PUBLIC HEALTH LAW.
   18    (2) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
   19  TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
   20    (3)  ANY  REIMBURSEMENT  MADE  PURSUANT TO THIS SUBSECTION TO A HEALTH
   21  CARE PROVIDER SHALL BE MADE WITHOUT  DISCLOSURE  TO  ANY  PARTY  OF  THE
   22  RESULTS  OF  SUCH  DRUG SCREENING. DISCLOSURE OF THE RESULTS MAY ONLY BE
   23  MADE WITH THE WRITTEN CONSENT OF THE PARENT OF SUCH CHILD,  OR  IF  SUCH
   24  CHILD IS SIXTEEN YEARS OF AGE OR OLDER, WITH THE CONSENT OF SUCH CHILD.
   25    S  5.  This  act shall take effect on the ninetieth day after it shall
   26  have become a law and the provisions of sections two, three and four  of
   27  this  act  shall apply to all policies issued, modified or renewed on or
   28  after such date.