NY State Senate Bill 2015-S7777A

Senate Bill S7777A

2015-2016 Legislative Session

Requires the New York state health care quality and cost containment commission to issue a report on coverage for chronic Lyme disease

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to insurance delivered to assembly passed senate
Jun 07, 2016	amended on third reading 7777a
Jun 06, 2016	advanced to third reading
Jun 02, 2016	2nd report cal.
Jun 01, 2016	1st report cal.1288
May 12, 2016	referred to insurance

Votes

- Jun 14, 2016 - Floor Vote
  S7777A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 1, 2016 - Insurance Committee Vote
  S7777A
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: Jun 1, 2016
      
      aye (18)
      
      Avella
      
      Breslin
      
      Carlucci
      
      Golden
      
      Hamilton
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Martins
      
      Murphy
      
      O'Mara
      
      Panepinto
      
      Parker
      
      Serino
      
      Seward
      
      Venditto
      
      aye wr (1)
      
      Sanders Jr.

Bill Amendments

Original

A (Active)

2015-S7777 - Details

See Assembly Version of this Bill:: A10677
Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §213, Ins L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2168, A4863
2019-2020: S1345, A6146
2021-2022: S3753
2023-2024: S5321

2015-S7777 - Summary

Requires the New York state health care quality and cost containment commission to issue a report considering the impact on health insurance costs and quality of legislation requiring coverage of long term and chronic Lyme disease and other tick-borne diseases.

2015-S7777 - Sponsor Memo

                                 BILL NUMBER:  S7777

 TITLE OF BILL :

An act to amend the insurance law, in relation to meetings and reports
of the New York state health care quality and cost containment
commission

 PURPOSE :

To require the New York State Health Care Quality and Cost Containment
Commission to meet each year, and to submit a report on the impact of
providing insurance coverage for Lyme and other tick-borne related
diseases.

 SUMMARY OF PROVISIONS :

Section 1: Requires the commission to meet on the first Monday of June
of each year to consider any outstanding requests or duties. Also
requires that the commission submits a report to the governor and
legislature which considers the impact on health insurance costs of
requiring coverage of Lyme and other tick-borne diseases.

Section 2: Provides the effective date.

 JUSTIFICATION :

Currently, health insurance companies are not required to cover long
term treatment for those who suffer from chronic Lyme or other related
diseases, and for many New Yorkers, this is devastating.  Those
suffering from chronic Lyme can experience extreme fatigue, nausea,
depression, joint pain and many other symptoms. Rhode Island and
Connecticut have recognized the toll these diseases take on victims by
passing legislation which requires that Lyme disease be covered by
insurance.

This bill is the first major step in establishing a conversation on
what can be done to address this issue in New York and figuring out
what a solution would look like. No individual should be left with the
choice of covering the exorbitant costs needed to combat Lyme disease
or sacrificing their quality of life because they cannot afford the
necessary treatment.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7777 - Bill Text download pdf

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

                                  7777

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  SERINO -- 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 meetings  and  reports
  of the New York state health care quality and cost containment commis-
  sion

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

  Section 1. Section 213 of the insurance law, as added by section 1  of
part L of chapter 57 of the laws of 2007, is amended to read as follows:
  S 213. New York state health care quality and cost containment commis-
sion.  (a)  There  is hereby established within the department a commis-
sion, to be known as the "New York state health care  quality  and  cost
containment  commission".  The  commission  shall  consist  of  thirteen
members appointed by the governor, one of whom shall be the  superinten-
dent,  one  of whom shall be the commissioner of health, and six of whom
shall be appointed on the recommendation of the legislative leaders, two
on the recommendation of the temporary president of the senate,  two  on
the  recommendation of the speaker of the assembly, one on the recommen-
dation of the minority leader of the senate, and one on the  recommenda-
tion  of the minority leader of the assembly. All members shall serve at
the pleasure of the governor, and vacancies shall be  appointed  in  the
same  manner  as  original appointments. Members of the commission shall
serve without compensation, but shall be reimbursed for reasonable trav-
el expenses. In making appointments  to  the  commission,  the  governor
shall  ensure  that  the interests of health care consumers, small busi-
nesses, the medical community and health plans are  represented  on  the
commission.    THE  COMMISSION  SHALL  BE  REQUIRED TO MEET ON THE FIRST
MONDAY OF JUNE OF EACH CALENDAR YEAR TO CONSIDER OUTSTANDING REQUESTS OR
DUTIES.  ANY VACANCIES SHALL BE DEEMED WAIVED BY THE APPOINTING AUTHORI-
TY FOR THE PURPOSES OF THE FIRST MEETING. NOTHING IN THIS SECTION  SHALL
FORFEIT  THE RIGHT FOR AN APPOINTMENT AUTHORITY TO FILL VACANCIES WITHIN
THEIR STATUTORILY ALLOWED MEMBERS.
  (b)(1) The purpose of the commission shall be to analyze the impact on
health insurance costs and quality of proposed legislation  which  would

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

                                                           LBD15373-01-6

S. 7777                             2

mandate  that health benefits be offered or made available in individual
and group health insurance policies, contracts and comprehensive  health
service plans, including legislation that affects the delivery of health
benefits or services or the reimbursement of health care providers.
  (2)  [The]  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE governor,
the chair of the senate insurance committee and the chair of the  assem-
bly insurance committee may request in writing that the commission eval-
uate  a  proposed  mandated  benefit. Upon receiving such a request, the
commission may, by a majority vote of its members, undertake  an  evalu-
ation of such proposed mandated benefit.
  (3) In evaluating a proposed mandated benefit, the commission shall:
  (A)  investigate  the current practices of health plans with regard to
the proposed mandated benefit, and, to the extent possible,  self-funded
health benefit plans;
  (B)  investigate the potential premium impact of the proposed mandated
benefits on all segments of the insurance market, as well as the  poten-
tial  for  avoided costs through early detection and treatment of condi-
tions, or more cost-effective delivery of medical services; and
  (C) analyze the most current medical literature regarding the proposed
mandated benefit to determine its impact on health care quality.
  (4) In evaluating a proposed mandated benefit, the commission may hold
one or more public hearings, and shall strive to obtain independent  and
verifiable information from diverse sources within the healthcare indus-
try,  medical  community  and among health care consumers with regard to
the proposed mandated benefit.
  (c) To assist the commission in its duties, and upon the direction  of
the  commission,  the  superintendent is authorized to enter into one or
more contracts with independent entities and organizations  with  demon-
strable expertise in health care quality, finance, utilization and actu-
arial  services.  For  the  purposes of this section, the superintendent
shall not enter into contracts with health plans, entities or  organiza-
tions  owned or controlled by health plans, or with significant business
relationships with health plans.
  (d) Upon completion of its evaluation of a proposed  mandated  benefit
pursuant  to this section, the commission shall deliver a written report
of its findings to the chair of the assembly insurance committee and the
chair of the senate insurance committee.
  (E) THE COMMISSION SHALL ISSUE A REPORT TO THE GOVERNOR, THE  MAJORITY
LEADER  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE
SENATE AND ASSEMBLY INSURANCE COMMITTEES, AND THE CHAIR  OF  THE  SENATE
TASK  FORCE  ON  LYME  AND TICK-BORNE DISEASES, A REPORT CONSIDERING THE
IMPACT ON HEALTH INSURANCE COSTS AND QUALITY  OF  LEGISLATION  REQUIRING
COVERAGE  OF  LONG-TERM  AND  CHRONIC  LYME DISEASE AND OTHER TICK-BORNE
DISEASES. THE COMMISSION SHALL BE REQUIRED TO CONSIDER ISSUES INCLUDING,
BUT NOT LIMITED TO, THE SPECIFIC MEDICAL IMPACTS TO PARTICULAR GEOGRAPH-
IC AREAS IN THE STATE INCLUDING THE HUDSON VALLEY AND LONG ISLAND,  BEST
PRACTICES  DEVELOPED FOR COVERAGE FOR LONG-TERM AND CHRONIC LYME DISEASE
IN OTHER STATES, AND THE ASSOCIATED COSTS OF MANDATED COVERAGE IN  ADDI-
TION  TO  PROJECTED  COSTS OF UNTREATED SYMPTOMS.   THE COMMISSION SHALL
DELIVER A WRITTEN REPORT OF ITS FINDINGS BY OCTOBER FIRST, TWO  THOUSAND
SIXTEEN.
  S 2. This act shall take effect immediately.

2015-S7777A (ACTIVE) - Details

See Assembly Version of this Bill:: A10677
Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §213, Ins L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2168, A4863
2019-2020: S1345, A6146
2021-2022: S3753
2023-2024: S5321

2015-S7777A (ACTIVE) - Summary

2015-S7777A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7777A

 TITLE OF BILL :  An act to amend the insurance law, in relation to
meetings and reports of the New York state health care quality and
cost containment commission

 PURPOSE :

To require the New York State Health Care Quality and Cost Containment
Commission to meet each year, and to submit a report on the impact of
providing insurance coverage for Lyme and other tick-borne related
diseases.

 SUMMARY OF PROVISIONS :

Section 1: Requires the commission to meet on the first Monday after
the first of January of each year to consider any outstanding requests
or duties. Also requires that the commission submits a report to the
governor and legislature which considers the impact on health
insurance costs of requiring coverage of Lyme and other tick-borne
diseases by May 1, 2017.

Section 2: Provides the effective date.

 JUSTIFICATION :

Currently, health insurance companies are not required to cover long
term treatment for those who suffer from chronic Lyme or other related
diseases, and for many New Yorkers, this is devastating.  Those
suffering from chronic Lyme can experience extreme fatigue, nausea,
depression, joint pain and many other symptoms. Rhode Island and
Connecticut have recognized the toll these diseases take on victims by
passing legislation which requires that Lyme disease be covered by
insurance.

This bill is the first major step in establishing a conversation on
what can be done to address this issue in New York and figuring out
what a solution would look like. No individual should be left with the
choice of covering the exorbitant costs needed to combat Lyme disease
or sacrificing their quality of life because they cannot afford the
necessary treatment.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7777A (ACTIVE) - Bill Text download pdf

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

                                 7777--A
    Cal. No. 1288

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Insurance  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to amend the insurance law, in relation to meetings and reports
  of the New York state health care quality and cost containment commis-
  sion

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

  Section  1. Section 213 of the insurance law, as added by section 1 of
part L of chapter 57 of the laws of 2007, is amended to read as follows:
  S 213. New York state health care quality and cost containment commis-
sion. (a) There is hereby established within the  department  a  commis-
sion,  to  be  known as the "New York state health care quality and cost
containment  commission".  The  commission  shall  consist  of  thirteen
members  appointed by the governor, one of whom shall be the superinten-
dent, one of whom shall be the commissioner of health, and six  of  whom
shall be appointed on the recommendation of the legislative leaders, two
on  the  recommendation of the temporary president of the senate, two on
the recommendation of the speaker of the assembly, one on the  recommen-
dation  of the minority leader of the senate, and one on the recommenda-
tion of the minority leader of the assembly. All members shall serve  at
the  pleasure  of  the governor, and vacancies shall be appointed in the
same manner as original appointments. Members of  the  commission  shall
serve without compensation, but shall be reimbursed for reasonable trav-
el  expenses.  In  making  appointments  to the commission, the governor
shall ensure that the interests of health care  consumers,  small  busi-
nesses,  the  medical  community and health plans are represented on the
commission.   THE COMMISSION SHALL BE REQUIRED  TO  MEET  ON  THE  FIRST
MONDAY  AFTER  THE  FIRST  OF  JANUARY OF EACH CALENDAR YEAR TO CONSIDER
OUTSTANDING REQUESTS OR DUTIES.  ANY VACANCIES SHALL BE DEEMED WAIVED BY
THE APPOINTING AUTHORITY FOR THE PURPOSES OF THE FIRST MEETING.  NOTHING

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

                                                           LBD15373-02-6

S. 7777--A                          2

IN  THIS SECTION SHALL FORFEIT THE RIGHT FOR AN APPOINTMENT AUTHORITY TO
FILL VACANCIES WITHIN THEIR STATUTORILY ALLOWED MEMBERS.
  (b)(1) The purpose of the commission shall be to analyze the impact on
health  insurance  costs and quality of proposed legislation which would
mandate that health benefits be offered or made available in  individual
and  group health insurance policies, contracts and comprehensive health
service plans, including legislation that affects the delivery of health
benefits or services or the reimbursement of health care providers.
  (2) [The] NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  governor,
the  chair of the senate insurance committee and the chair of the assem-
bly insurance committee may request in writing that the commission eval-
uate a proposed mandated benefit. Upon receiving  such  a  request,  the
commission  may,  by a majority vote of its members, undertake an evalu-
ation of such proposed mandated benefit.
  (3) In evaluating a proposed mandated benefit, the commission shall:
  (A) investigate the current practices of health plans with  regard  to
the  proposed mandated benefit, and, to the extent possible, self-funded
health benefit plans;
  (B) investigate the potential premium impact of the proposed  mandated
benefits  on all segments of the insurance market, as well as the poten-
tial for avoided costs through early detection and treatment  of  condi-
tions, or more cost-effective delivery of medical services; and
  (C) analyze the most current medical literature regarding the proposed
mandated benefit to determine its impact on health care quality.
  (4) In evaluating a proposed mandated benefit, the commission may hold
one  or more public hearings, and shall strive to obtain independent and
verifiable information from diverse sources within the healthcare indus-
try, medical community and among health care consumers  with  regard  to
the proposed mandated benefit.
  (c)  To assist the commission in its duties, and upon the direction of
the commission, the superintendent is authorized to enter  into  one  or
more  contracts  with independent entities and organizations with demon-
strable expertise in health care quality, finance, utilization and actu-
arial services. For the purposes of  this  section,  the  superintendent
shall  not enter into contracts with health plans, entities or organiza-
tions owned or controlled by health plans, or with significant  business
relationships with health plans.
  (d)  Upon  completion of its evaluation of a proposed mandated benefit
pursuant to this section, the commission shall deliver a written  report
of its findings to the chair of the assembly insurance committee and the
chair of the senate insurance committee.
  (E)  THE COMMISSION SHALL ISSUE A REPORT TO THE GOVERNOR, THE MAJORITY
LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  CHAIRS  OF  THE
SENATE  AND  ASSEMBLY  INSURANCE COMMITTEES, AND THE CHAIR OF THE SENATE
TASK FORCE ON LYME AND TICK-BORNE DISEASES, CONSIDERING  THE  IMPACT  ON
HEALTH  INSURANCE COSTS AND QUALITY OF LEGISLATION REQUIRING COVERAGE OF
LONG-TERM AND CHRONIC LYME DISEASE AND OTHER  TICK-BORNE  DISEASES.  THE
COMMISSION  SHALL  BE  REQUIRED  TO  CONSIDER  ISSUES INCLUDING, BUT NOT
LIMITED TO, THE SPECIFIC MEDICAL IMPACTS TO PARTICULAR GEOGRAPHIC  AREAS
IN THE STATE INCLUDING THE HUDSON VALLEY AND LONG ISLAND, BEST PRACTICES
DEVELOPED  FOR  COVERAGE FOR LONG-TERM AND CHRONIC LYME DISEASE IN OTHER
STATES, AND THE ASSOCIATED COSTS OF MANDATED  COVERAGE  IN  ADDITION  TO
PROJECTED  COSTS  OF UNTREATED SYMPTOMS.  THE COMMISSION SHALL DELIVER A
WRITTEN REPORT OF ITS FINDINGS BY MAY FIRST, TWO THOUSAND SEVENTEEN.
  S 2. This act shall take effect immediately.

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