S T A T E   O F   N E W   Y O R K
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                                   693

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. JACOBS, DINOWITZ, ORTIZ, COLTON, HIKIND, CAHILL,
  McENENY -- Multi-Sponsored by -- M. of A. EDDINGTON,  LIFTON,  REILLY,
  TOWNS, WEISENBERG -- read once and referred to the Committee on Insur-
  ance

AN ACT to amend the insurance law, in relation to coverage for treatment
  of smoking cessation

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

  Section 1. Section 4303 of the insurance law is amended  by  adding  a
new subsection (l-1) to read as follows:
  (L-1)  A  HOSPITAL SERVICE CORPORATION OR A HEALTH SERVICE CORPORATION
WHICH PROVIDES GROUP, GROUP REMITTANCE OR SCHOOL  BLANKET  COVERAGE  FOR
INPATIENT HOSPITAL CARE SHALL PROVIDE COVERAGE FOR COSTS OF PRESCRIPTION
SMOKING  CESSATION TREATMENT THAT IS ORDERED BY A PHYSICIAN. SUCH TREAT-
MENT MAY BE LIMITED TO FOUR HUNDRED DOLLARS PER YEAR  FOR  EACH  COVERED
INDIVIDUAL. THIS PROVISION SHALL NOT APPLY TO A CONTRACT ISSUED PURSUANT
TO SECTION FOUR THOUSAND THREE HUNDRED FIVE OF THIS ARTICLE 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. SUCH COVERAGE MAY BE SUBJECT TO  ANNUAL
DEDUCTIBLES  AND CO-INSURANCE AS MAY BE DEEMED APPROPRIATE BY THE SUPER-
INTENDENT AND ARE CONSISTENT WITH THOSE IMPOSED ON OTHER BENEFITS WITHIN
A GIVEN POLICY. SUCH COVERAGE SHALL NOT REPLACE, RESTRICT  OR  ELIMINATE
EXISTING COVERAGE PROVIDED BY THE POLICY.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 26 to read as follows:
  (26)  EVERY  POLICY  SHALL  PROVIDE COVERAGE FOR COSTS OF PRESCRIPTION
SMOKING CESSATION TREATMENT THAT IS ORDERED BY A PHYSICIAN. SUCH  COVER-
AGE  MAY  BE  LIMITED  TO FOUR HUNDRED DOLLARS PER YEAR FOR EACH COVERED
INDIVIDUAL.

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

                                                           LBD02186-01-9

A. 693                              2

  S 3. 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 COVERAGE SHALL
PROVIDE COVERAGE FOR COSTS OF PRESCRIPTION SMOKING  CESSATION  TREATMENT
THAT  IS  ORDERED  BY  A PHYSICIAN. SUCH COVERAGE MAY BE LIMITED TO FOUR
HUNDRED DOLLARS FOR EACH COVERED INDIVIDUAL.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all policies and contracts
issued, renewed, modified, altered or amended on  or  after  such  date;
except  that  any  rules  and  regulations  necessary  to  implement the
provisions of this act are authorized and directed  to  be  promulgated,
amended or repealed on or before such effective date.