Bill Text: NY A08268 | 2019-2020 | 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 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to insurance [A08268 Detail]

Download: New_York-2019-A08268-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8268

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 11, 2019
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred 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 5 of subpart A
     3  of part BB of chapter 57 of the laws of 2019,  is  amended  to  read  as
     4  follows:
     5    (A)  Every  policy  that  provides  hospital, major medical or similar
     6  comprehensive coverage shall provide inpatient coverage for the  diagno-
     7  sis  and  treatment  of substance use disorder, including detoxification
     8  and rehabilitation services, including the use of  medications,  medical
     9  devices and products approved and/or cleared by the food and drug admin-
    10  istration  for  the  treatment  of  withdrawal  symptoms. Such inpatient
    11  coverage shall  include  unlimited  medically  necessary  treatment  for
    12  substance  use  disorder  treatment  services  provided  in  residential
    13  settings. 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.
    19    § 2. Paragraph 30 of subsection (i) of section 3216 of  the  insurance
    20  law, as amended by section 7 of subpart B of part J of chapter 57 of the
    21  laws of 2019, is renumbered paragraph 30-a.
    22    §  3. Paragraph 7-a of subsection (l) of section 3221 of the insurance
    23  law, as added by section 2 of part B of chapter 69 of the laws of  2016,
    24  is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06895-06-9

        A. 8268                             2

     1    (7-a)  Every  policy  that  provides medical, major medical or similar
     2  comprehensive-type large group coverage shall provide coverage for medi-
     3  cation  for  the  detoxification  or  maintenance  treatment,  including
     4  medical devices or products for the treatment of withdrawal symptoms, of
     5  a  substance  use  disorder approved by the food and drug administration
     6  for the detoxification or maintenance treatment of substance use  disor-
     7  der.
     8    §  4.  Subsection (l-1) of section 4303 of the insurance law, as added
     9  by section 3 of part B of chapter 69 of the laws of 2016, is amended  to
    10  read as follows:
    11    (l-1)  Every contract that provides medical, major medical, or similar
    12  comprehensive-type large group coverage shall provide coverage for medi-
    13  cation  for  the  detoxification  or  maintenance  treatment,  including
    14  medical devices or products for the treatment of withdrawal symptoms, of
    15  a  substance  use  disorder approved by the food and drug administration
    16  for the detoxification or maintenance treatment of substance use  disor-
    17  der.
    18    §  5.  Subparagraph  (A)  of paragraph 31 of subsection (i) of section
    19  3216 of the insurance law, as amended by section 6 of subpart A of  part
    20  BB of chapter 57 of the laws of 2019, is amended to read as follows:
    21    (A)  Every  policy  that  provides  medical,  major medical or similar
    22  comprehensive-type coverage shall provide outpatient  coverage  for  the
    23  diagnosis and treatment of substance use disorder, including detoxifica-
    24  tion  and  rehabilitation  services,  including  the use of medications,
    25  medical devices and products approved and/or cleared  by  the  food  and
    26  drug  administration  for  the  treatment of withdrawal symptoms.   Such
    27  coverage shall not apply financial requirements or treatment limitations
    28  to outpatient substance use disorder benefits that are more  restrictive
    29  than  the  predominant  financial requirements and treatment limitations
    30  applied to substantially all medical and surgical  benefits  covered  by
    31  the policy.
    32    §  6.    This  act  shall take effect on the same date and in the same
    33  manner as subpart A of part BB of chapter 57 of the laws of 2019,  takes
    34  effect  and shall apply to policies and contracts issued, renewed, modi-
    35  fied, altered or amended on and after such date; provided, however, that
    36  section two of this act shall take effect on the same date  and  in  the
    37  same  manner  as  section  7 of subpart B of part J of chapter 57 of the
    38  laws of 2019, takes effect.
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