BILL NUMBER:S3737

TITLE OF BILL:  An act to amend the insurance law, in relation to
prohibiting certain limitations or exclusions regarding massage therapy

PURPOSE:  The purpose of this bill is to provide for the coverage of
massage therapy services in health insurance policies.

SUMMARY OF PROVISIONS:

Section 1. Amends Section 3216 of the Insurance Law to require individ-
ual policies for hospital, surgical or medical care to include massage
therapy provided by a licensed massage therapist within the lawful scope
of practice.

Section 2 amends Subsection (k) of section 3221 of the Insurance Law to
require group health insurance policies that provide reimbursement for
hospital, surgical or medical care to include coverage for massage ther-
apy services provided by a licensed massage therapist.

Section 3 amends Section 4303 of the Insurance Law to provide coverage
for massage therapy services performed by a licensed massage therapist
under health service or medical indemnity corporation contracts.

Section 4 is effective date of bill.

              

JUSTIFICATION:  Presently, various health professionals such as Chiro-
practors, Acupuncturists, Registered Nurses and Physical Therapists are
able to perform therapeutic massage when prescribed by a physician, even
though their training in most cases does not exceed ten to fifteen hours
in this particular field. By the time massage school graduates sit for
their state exam, they have already completed between 672 and 1,000
hours of intensive training.

It appears to be in the best interest of the health care consumer, as
well as that of the physician who prescribes specific massage treatment
plans, to have such treatments performed by the licensed health profes-
sional who currently has the highest degree of training and expertise,
namely the licensed massage therapist.

As of this date the profession of massage is the only licensed health
profession in New York which is not listed with the New York Insurance
Law. This legislation would add massage therapy as a regular component
of health care policies in the state. It provides a greater range of
options for the public and promotes the practice of massage therapy
services in New York.

LEGISLATIVE HISTORY:

2011: S. 5869A - Referred to Rules.

2012: S.5869A - Referred to Insurance.

FISCAL IMPLICATION TO NEW YORK STATE: To be determined.

EFFECTIVE DATE:  Shall take effect 90 days after it becomes law and will
include policies and contracts issued, renewed, modified, altered or
amended on or after that date.