S T A T E   O F   N E W   Y O R K
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                                  5174

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Insurance

AN  ACT to amend the insurance law and the workers' compensation law, in
  relation to coverage of long term medical care for  Lyme  disease  and
  other  tick  borne  related  pathogens; and to amend the public health
  law, the tax law and the state finance law, in relation  to  providing
  for  taxpayer  gifts  for  tick  borne illness research, detection and
  education and establishing the tick borne illness research,  detection
  and education fund

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

  Section 1. This act shall be known and may be cited as the "tick borne
illness treatment and education act of 2013".
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 30 to read as follows:
  (30) EVERY INSURER ISSUING A POLICY OF ACCIDENT AND  HEALTH  INSURANCE
FOR  DELIVERY  IN  THIS  STATE  SHALL PROVIDE COVERAGE FOR ALL COSTS FOR
TREATMENT OF LYME  DISEASE  (LYME  BORRELIOSIS)  AND  OTHER  TICK  BORNE
RELATED  PATHOGENS.  SUCH  TREATMENT  SHALL INCLUDE NOT LESS THAN THIRTY
DAYS OF INTRAVENOUS ANTIBIOTIC THERAPY, SIXTY DAYS  OF  ORAL  ANTIBIOTIC
THERAPY,  OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT IF RECOMMENDED BY
A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
  S 3. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:
  (19) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL  COVERAGE  SHALL
PROVIDE  COVERAGE  FOR  ALL  COSTS  FOR  TREATMENT OF LYME DISEASE (LYME
BORRELIOSIS) AND OTHER TICK  BORNE  RELATED  PATHOGENS.  SUCH  TREATMENT
SHALL INCLUDE NOT LESS THAN THIRTY DAYS OF INTRAVENOUS ANTIBIOTIC THERA-
PY,  SIXTY  DAYS  OF ORAL ANTIBIOTIC THERAPY, OR BOTH, AND SHALL PROVIDE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08366-03-3

              

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FURTHER TREATMENT IF RECOMMENDED BY A  PHYSICIAN  LICENSED  TO  PRACTICE
MEDICINE IN THE STATE OF NEW YORK.
  S  4.  Section  4303  of  the insurance law is amended by adding a new
subsection (jj) to read as follows:
  (JJ) EVERY MEDICAL EXPENSE  INDEMNITY  CORPORATION,  HOSPITAL  SERVICE
CORPORATION  AND  HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
MEDICAL, SURGICAL OR MAJOR MEDICAL CARE SHALL PROVIDE COVERAGE  FOR  ALL
COSTS  FOR  TREATMENT  OF LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK
BORNE RELATED PATHOGENS.   SUCH TREATMENT SHALL INCLUDE  NOT  LESS  THAN
THIRTY  DAYS OF INTRAVENOUS ANTIBIOTIC THERAPY, SIXTY DAYS OF ORAL ANTI-
BIOTIC THERAPY, OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT  IF  RECOM-
MENDED  BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW
YORK.
  S 5. Paragraph 30 of subdivision  2  of  section  3  of  the  workers'
compensation  law,  as renumbered by chapter 665 of the laws of 1971, is
renumbered paragraph 31 and a new paragraph  30  is  added  to  read  as
follows:
30. LYME DISEASE                        30. ANY PROCESS INVOLVING FARMING,
(LYME BORRELIOSIS)                      LANDSCAPING OPERATIONS, TREE
AND OTHER TICK BORNE                    PRUNING, SPRAYING, REPAIRING,
RELATED PATHOGENS.                      OR RELATED OCCUPATION WHICH
                                        CREATES EXPOSURE TO LYME
                                        DISEASE CARRYING ORGANISMS
                                        OR CARE OR HANDLING OF ANIMALS.
  S  6. The closing paragraph of subdivision 2 of section 3 of the work-
ers' compensation law, as amended by chapter 666 of the laws of 1971, is
amended to read as follows:
  Nothing in paragraph [thirty] THIRTY-ONE of this subdivision shall  be
construed  to  apply  to  any  disability  or  death  due to any disease
described in paragraph twenty-nine of this subdivision.
  S 7. Subdivision 9 of section 201 of the workers' compensation law  is
amended by adding a new paragraph C to read as follows:
  C.  "DISABILITY"  ALSO  INCLUDES DISABILITY CAUSED BY OR IN CONNECTION
WITH LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK BORNE RELATED PATHO-
GENS.
  S 8. The public health law is amended by adding a new article 27-FF to
read as follows:
                              ARTICLE 27-FF
                            EDUCATION PROGRAM
SECTION 2790. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION.
  S 2790. TICK BORNE ILLNESS RESEARCH, DETECTION  AND  EDUCATION.    THE
COMMISSIONER  SHALL ESTABLISH WITHIN THE DEPARTMENT A PROGRAM TO PROMOTE
RESEARCH, DETECTION AND PATIENT EDUCATION REGARDING TICK  BORNE  RELATED
PATHOGENS.  TO  CARRY OUT THE PURPOSES OF THIS SECTION, THE COMMISSIONER
SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  1. TO PROMOTE PATIENT EDUCATION PROGRAMS DESIGNED TO REDUCE OR PREVENT
THE INCIDENCE AND SEVERITY OF TICK BORNE ILLNESSES SUCH AS LYME  DISEASE
AND INCREASE DETECTION OF SUCH ILLNESSES;
  2.  TO  PROMOTE  RESEARCH  FOR  TREATMENT,  PREVENTION  AND  DETECTION
PROGRAMS DESIGNED TO REDUCE THE INCIDENCE AND  SEVERITY  OF  TICK  BORNE
ILLNESSES SUCH AS LYME DISEASE AND INCREASE DETECTION OF SUCH ILLNESSES;
  3. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER FUNDS OR APPROPRI-
ATIONS  AS MAY BE AVAILABLE FOR THESE PURPOSES SUBJECT TO LIMITATIONS AS
TO THE APPROVAL OF EXPENDITURES AND AUDIT AS PRESCRIBED FOR STATE  FUNDS
BY THE STATE FINANCE LAW; AND

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  4.  TO  ENTER  INTO CONTRACTS WITHIN THE AMOUNTS AVAILABLE THEREFOR AS
MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  9.  The tax law is amended by adding a new section 209-H to read as
follows:
  S 209-H. GIFT FOR TICK BORNE ILLNESS RESEARCH,  DETECTION  AND  EDUCA-
TION.    A  TAXPAYER  IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
SUPPORT OF THE TICK BORNE  ILLNESS  RESEARCH,  DETECTION  AND  EDUCATION
FUND.  SUCH  CONTRIBUTION  SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL
NOT REDUCE THE AMOUNT OF THE  STATE  TAX  OWED  BY  SUCH  TAXPAYER.  THE
COMMISSIONER  SHALL  INCLUDE SPACE ON THE CORPORATE INCOME TAX RETURN TO
ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING  ANY  OTHER
PROVISION  OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
BE CREDITED TO THE TICK BORNE ILLNESS RESEARCH, DETECTION AND  EDUCATION
FUND  AND  SHALL  BE  USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION
NINETY-SEVEN-CC OF THE STATE FINANCE LAW.
  S 10. The tax law is amended by adding a new section 630-c to read  as
follows:
  S  630-C.  GIFT  FOR TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCA-
TION.  AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO  THE
TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. SUCH CONTRIB-
UTION  SHALL  BE  IN  ANY  WHOLE  DOLLAR AMOUNT AND SHALL NOT REDUCE THE
AMOUNT OF STATE TAX OWED BY  SUCH  INDIVIDUAL.  THE  COMMISSIONER  SHALL
INCLUDE  SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO
MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW  ALL
REVENUES  COLLECTED  PURSUANT  TO  THIS SECTION SHALL BE CREDITED TO THE
TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND AND USED  ONLY
FOR  THOSE  PURPOSES  ENUMERATED IN SECTION NINETY-SEVEN-CC OF THE STATE
FINANCE LAW.
  S 11. The state finance law is amended by adding a new  section  97-cc
to read as follows:
  S 97-CC. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. 1.
THERE  IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF
TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN  AS
THE "TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO  THE  PROVISIONS  OF  SECTIONS  TWO
HUNDRED  NINE-H  AND  SIX  HUNDRED THIRTY-C OF THE TAX LAW AND ALL OTHER
MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED  THERETO  FROM  ANY  OTHER
FUND  OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL
PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR  THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
  3.  MONIES  OF  THE FUND SHALL BE EXPENDED ONLY FOR TICK BORNE ILLNESS
RESEARCH, DETECTION AND EDUCATION PROJECTS. AS  USED  IN  THIS  SECTION,
"TICK  BORNE  ILLNESS  RESEARCH, DETECTION AND EDUCATION PROJECTS" MEANS
EDUCATIONAL PROJECTS, INCLUDING GRANTS FOR TICK BORNE ILLNESS  RESEARCH,
DETECTION AND EDUCATION, WHICH, PURSUANT TO SECTION TWENTY-SEVEN HUNDRED
NINETY  OF  THE  PUBLIC  HEALTH  LAW,  ARE APPROVED BY THE DEPARTMENT OF
HEALTH.
  4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF HEALTH.
  5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
END OF THAT FISCAL YEAR.

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  S 12. This act shall take effect on  the  one  hundred  twentieth  day
after it shall have become a law provided, however, that effective imme-
diately,  the  addition,  amendment  and/or repeal of any rules or regu-
lations necessary for the implementation of this act  on  its  effective
date are authorized to be made on or before such effective date.