Bill Text: NY S02880 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that every policy which provides coverage for hospital, surgical or medical care or provides reimbursement for laboratory tests or diagnostic X-rays shall provide coverage for testing of familial dysautonomia, Canavan's disease and Tay-Sachs; provides that in order to maintain the confidentiality of persons tested, receipt of acknowledgement from the testing facility shall be deemed sufficient evidence of testing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INSURANCE [S02880 Detail]

Download: New_York-2011-S02880-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2880
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2011
                                      ___________
       Introduced  by Sen. SQUADRON -- 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  reimbursement  for
         testing for familial dysautonomia, Canavan's disease and Tay-Sachs
         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 28 to read as follows:
    3    (28)  (A)  EVERY POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
    4  OR MEDICAL CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY  TESTS  OR
    5  REIMBURSEMENT  FOR  DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR
    6  TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.
    7    (B) SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW  POLI-
    8  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
    9  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
   10    (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
   11  TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
   12  TORY  PERFORMING  THE  TEST FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE
   13  AND TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE  OF
   14  SUCH TESTING.
   15    (D)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
   16  RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
   17  CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
   18  POLICY.
   19    S 2. Subsection (l) of section 3221 of the insurance law is amended by
   20  adding a new paragraph 18 to read as follows:
   21    (18) (A) A GROUP POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
   22  OR MEDICAL CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY  TESTS  OR
   23  REIMBURSEMENT  FOR  DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR
   24  TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03204-01-1
       S. 2880                             2
    1    (B) SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW  POLI-
    2  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
    3  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
    4    (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
    5  TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
    6  TORY  PERFORMING  THE  TEST FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE
    7  AND TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE  OF
    8  SUCH TESTING.
    9    (D)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
   10  RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
   11  CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
   12  POLICY.
   13    S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
   14  subsection (hh) to read as follows:
   15    (HH)  (1)  A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
   16  CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE  FOR
   17  HOSPITAL, SURGICAL OR MEDICAL CARE OR PROVIDES REIMBURSEMENT FOR LABORA-
   18  TORY  TESTS OR REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE
   19  COVERAGE FOR TESTING FOR FAMILIAL DYSAUTONOMIA,  CANAVAN'S  DISEASE  AND
   20  TAY-SACHS.
   21    (2)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
   22  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
   23  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
   24    (3) FOR PURPOSES OF THIS SUBSECTION, IN ORDER TO MAINTAIN  THE  CONFI-
   25  DENTIALITY  OF  PERSONS  TESTED,  RECEIPT  OF AN ACKNOWLEDGMENT FROM THE
   26  LABORATORY PERFORMING THE  TEST  FOR  FAMILIAL  DYSAUTONOMIA,  CANAVAN'S
   27  DISEASE  AND  TAY-SACHS  SHALL  BE  DEEMED  SUFFICIENT  EVIDENCE  OF THE
   28  PERFORMANCE OF SUCH TESTING.
   29    (4) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
   30  RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
   31  CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
   32  POLICY.
   33    S 4. This act shall take effect immediately.