Bill Text: NY S03664 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to coverage for the screening, diagnosis and treatment of autism spectrum disorder; removes provisions of the monetary limit for coverage of applied behavior analysis.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO INSURANCE [S03664 Detail]

Download: New_York-2015-S03664-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3664
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 13, 2015
                                      ___________
       Introduced  by  Sen.  ORTT  --  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  coverage  for  the
         screening, diagnosis and treatment of autism spectrum disorder
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subparagraph (B) of  paragraph  25  of  subsection  (i)  of
    2  section 3216 of the insurance law, as amended by section 38 of part D of
    3  chapter 56 of the laws of 2013, is amended to read as follows:
    4    (B)  Every  policy  [that] WHICH provides physician services, medical,
    5  major medical  or  similar  comprehensive-type  coverage  shall  provide
    6  coverage  for  the screening, diagnosis and treatment of autism spectrum
    7  disorder in accordance with this paragraph and shall not exclude  cover-
    8  age  for  the  screening,  diagnosis  or treatment of medical conditions
    9  otherwise covered by the policy because the individual is diagnosed with
   10  autism spectrum disorder. Such coverage may be subject to annual deduct-
   11  ibles, copayments and coinsurance as may be deemed  appropriate  by  the
   12  superintendent and shall be consistent with those imposed on other bene-
   13  fits  under the policy. [Coverage for applied behavior analysis shall be
   14  subject to a maximum benefit of six hundred eighty  hours  of  treatment
   15  per  policy  or  calendar  year  per covered individual.] This paragraph
   16  shall not be construed as  limiting  the  benefits  that  are  otherwise
   17  available  to an individual under the policy, provided however that such
   18  policy shall not contain any  limitations  on  visits  that  are  solely
   19  applied  to  the treatment of autism spectrum disorder. No insurer shall
   20  terminate coverage or refuse to deliver, execute, issue, amend,  adjust,
   21  or  renew  coverage  to  an  individual solely because the individual is
   22  diagnosed with autism spectrum disorder or has  received  treatment  for
   23  autism  spectrum  disorder.  Coverage  shall  be  subject to utilization
   24  review and external appeals of health care services pursuant to  article
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09014-01-5
       S. 3664                             2
    1  forty-nine  of  this  chapter  as  well  as,  case management, and other
    2  managed care provisions.
    3    S  2.  Subparagraph  (B)  of paragraph 17 of subsection (l) of section
    4  3221 of the insurance law, as amended by section 39 of part D of chapter
    5  56 of the laws of 2013, is amended to read as follows:
    6    (B) Every group or blanket  policy  [that]  WHICH  provides  physician
    7  services,  medical, major medical or similar comprehensive-type coverage
    8  shall provide coverage for the screening,  diagnosis  and  treatment  of
    9  autism spectrum disorder in accordance with this paragraph and shall not
   10  exclude  coverage  for  the screening, diagnosis or treatment of medical
   11  conditions otherwise covered by the policy  because  the  individual  is
   12  diagnosed with autism spectrum disorder. Such coverage may be subject to
   13  annual  deductibles,  copayments and coinsurance as may be deemed appro-
   14  priate by the superintendent and shall be consistent with those  imposed
   15  on  other  benefits  under  the  group  or blanket policy. [Coverage for
   16  applied behavior analysis shall be subject to a maximum benefit  of  six
   17  hundred  eighty  hours  of  treatment  per  policy  or calendar year per
   18  covered individual.] This paragraph shall not be construed  as  limiting
   19  the  benefits  that  are  otherwise available to an individual under the
   20  group or blanket policy, provided however that  such  policy  shall  not
   21  contain  any limitations on visits that are solely applied to the treat-
   22  ment of autism spectrum disorder. No insurer shall terminate coverage or
   23  refuse to deliver, execute, issue, amend, adjust, or renew  coverage  to
   24  an  individual  solely  because  the individual is diagnosed with autism
   25  spectrum disorder or has received treatment for autism  spectrum  disor-
   26  der.  Coverage  shall  be  subject  to  utilization  review and external
   27  appeals of health care services pursuant to article forty-nine  of  this
   28  chapter as well as, case management, and other managed care provisions.
   29    S  3.  Paragraph 2 of subsection (ee) of section 4303 of the insurance
   30  law, as amended by section 40 of part D of chapter 56  of  the  laws  of
   31  2013, is amended to read as follows:
   32    (2)  Every contract [that] WHICH provides physician services, medical,
   33  major medical  or  similar  comprehensive-type  coverage  shall  provide
   34  coverage  for  the screening, diagnosis and treatment of autism spectrum
   35  disorder in accordance with this paragraph and shall not exclude  cover-
   36  age  for  the  screening,  diagnosis  or treatment of medical conditions
   37  otherwise covered by the contract because the  individual  is  diagnosed
   38  with  autism  spectrum  disorder. Such coverage may be subject to annual
   39  deductibles, copayments and coinsurance as may be deemed appropriate  by
   40  the  superintendent  and shall be consistent with those imposed on other
   41  benefits under the contract. [Coverage  for  applied  behavior  analysis
   42  shall  be  subject  to  a maximum benefit of six hundred eighty hours of
   43  treatment per contract or calendar year per  covered  individual.]  This
   44  paragraph  shall  not  be  construed  as  limiting the benefits that are
   45  otherwise available to an individual under the contract, provided howev-
   46  er that such contract shall not contain any limitations on  visits  that
   47  are  solely  applied  to  the  treatment of autism spectrum disorder. No
   48  insurer shall terminate coverage or refuse to deliver,  execute,  issue,
   49  amend,  adjust,  or  renew  coverage to an individual solely because the
   50  individual is diagnosed with autism spectrum disorder  or  has  received
   51  treatment  for  autism  spectrum  disorder. Coverage shall be subject to
   52  utilization review and external appeals of health care services pursuant
   53  to article forty-nine of this chapter as well as, case  management,  and
   54  other managed care provisions.
   55    S 4. This act shall take effect immediately.
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