S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4988

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of  A.  BRODSKY,  AUBRY,  SCHROEDER -- read once and
  referred to the Committee on Insurance

AN ACT to amend the insurance law, in relation to requiring policies and
  contracts of insurance providing hospital, surgical, or  medical  care
  coverage to include coverage for human leukocyte antigen testing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
amended by adding a new paragraph 26 to read as follows:
  (26)  EVERY  POLICY WHICH PROVIDES HOSPITAL, SURGICAL, OR MEDICAL CARE
COVERAGE OR PROVIDES REIMBURSEMENT FOR LABORATORY TESTS OR REIMBURSEMENT
FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR HUMAN LEUKOCYTE
ANTIGEN TESTING, ALSO REFERRED TO AS HISTOCOMPATIBLE LOCUS ANTIGEN TEST-
ING, FOR A, B, AND DR ANTIGENS FOR UTILIZATION IN TISSUE TYPING FOR BONE
MARROW TESTING.
  S 2. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL, OR MEDICAL  CARE  COVERAGE
SHALL  PROVIDE  COVERAGE  FOR  HUMAN  LEUKOCYTE  ANTIGEN  TESTING,  ALSO
REFERRED TO AS HISTOCOMPATIBLE LOCUS ANTIGEN TESTING, FOR A, B,  AND  DR
ANTIGENS  FOR  UTILIZATION  IN  TISSUE  TYPING  FOR BONE MARROW TESTING,
EXCEPT THAT THIS PROVISION SHALL NOT APPLY  TO  A  POLICY  WHICH  COVERS
PERSONS  EMPLOYED  IN  MORE  THAN  ONE STATE OR THE BENEFIT STRUCTURE OF
WHICH WAS THE SUBJECT OF COLLECTIVE BARGAINING AFFECTING PERSONS WHO ARE
EMPLOYED IN MORE THAN ONE STATE.
  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (ff) to read as follows:
  (FF)  A  MEDICAL  EXPENSE  INDEMNITY  CORPORATION,  A HOSPITAL SERVICE
CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE  FOR
HOSPITAL,  SURGICAL,  OR  MEDICAL  CARE SHALL PROVIDE COVERAGE FOR HUMAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08218-01-9
              

A. 4988                             2

LEUKOCYTE ANTIGEN TESTING, ALSO REFERRED  TO  AS  HISTOCOMPATIBLE  LOCUS
ANTIGEN  TESTING,  FOR  A,  B, AND DR ANTIGENS FOR UTILIZATION IN TISSUE
TYPING FOR BONE MARROW TESTING, EXCEPT THAT  THIS  PROVISION  SHALL  NOT
APPLY TO A CONTRACT WHICH COVERS PERSONS EMPLOYED IN MORE THAN ONE STATE
OR THE BENEFIT STRUCTURE OF WHICH WAS THE SUBJECT OF COLLECTIVE BARGAIN-
ING AFFECTING PERSONS WHO ARE EMPLOYED IN MORE THAN ONE STATE.
  S 4.  This act shall take effect on the first of January next succeed-
ing  the date on which it shall have become a law and shall apply to all
policies and contracts issued, renewed, modified, altered, or amended on
or after such effective date. Effective immediately any rules  or  regu-
lations  necessary  for  the implementation of this act on its effective
date shall be promulgated, and any  other  measures  necessary  for  the
implementation  of  this act on its effective date shall be taken, on or
before such effective date.