NY State Senate Bill 2015-S653A

Senate Bill S653A

2015-2016 Legislative Session

Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2016	print number 653a
Feb 02, 2016	amend and recommit to insurance
Jan 06, 2016	referred to insurance
Jan 07, 2015	referred to insurance

Bill Amendments

Original

A (Active)

2015-S653 - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L; amd §§3 & 201, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5354
2013-2014: S541
2017-2018: S670
2019-2020: S4186
2021-2022: S3896
2023-2024: S3379

2015-S653 - Summary

Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens.

2015-S653 - Sponsor Memo

                                 BILL NUMBER:  S653

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

To require health insurers to provide coverage for long term medical
care for Lyme disease and other tick borne related pathogens.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill will amend subsection (i) of section 3216 of the insurance
law by adding a new paragraph 32; amend subsection (1) of section 3221
of the insurance law by adding a new paragraph 19; amend section 4303
of the insurance law by adding a new subsection (jj); 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; amend closing paragraph of
subdivision 2 of section 3 of the workers' compensation law; amend
subdivision 9 of section 201 of the workers' compensation law by
adding a new paragraph C.

 JUSTIFICATION :

Current law does not specifically stipulate that Lyme Disease and
other tick borne related pathogens be covered under individual and
group health insurance policies or workers' compensation. This bill
would require this disease to be covered under the aforementioned
insurance policies. The bill also specifically states that long term
treatments of the disease be covered if so recommended by a physician
licensed to practice in New York State.

Lyme Disease strikes many New Yorkers each year. This bill ensures
that their pain and suffering is not complicated by a lack of medical
coverage, including long term coverage, for care of the disease.

 PRIOR LEGISLATIVE HISTORY :

2013-14: S.541/A.4978 Referred Insurance
2011-12: S.5354/S.7696 Referred to Insurance
2009-10: A.2100 Held for Consideration in Insurance
2007-08: A.1041 Held for Consideration in Insurance
2005-06: A.385A Held for Consideration in Insurance
2003-04: A.1914A Held for Consideration in Insurance
2001-02: A.9735 Held for Consideration in Insurance

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become law. Effective immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the
implementation of the foregoing sections of this act on its effective
date is authorized and directed to be made and completed on or before
such date.

2015-S653 - Bill Text download pdf

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

                                   653

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed 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

  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 32 to read as follows:
  (32) 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 2. 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
FURTHER TREATMENT IF RECOMMENDED BY A  PHYSICIAN  LICENSED  TO  PRACTICE
MEDICINE IN THE STATE OF NEW YORK.
  S  3.  Section  4303  of  the insurance law is amended by adding a new
subsection (pp) to read as follows:
  (PP) EVERY MEDICAL EXPENSE  INDEMNITY  CORPORATION,  HOSPITAL  SERVICE
CORPORATION  AND  HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR

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

                                                           LBD03246-02-5

S. 653                              2

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 4. 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
  (LYME BORRELIOSIS)                         OUTDOOR ACTIVITY OR
  AND OTHER TICK BORNE                       TREATMENT OF ANIMALS.
  RELATED PATHOGENS.
  S  5. 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 6. 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 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date is authorized to be made  on
or before such effective date.

2015-S653A (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L; amd §§3 & 201, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5354
2013-2014: S541
2017-2018: S670
2019-2020: S4186
2021-2022: S3896
2023-2024: S3379

2015-S653A (ACTIVE) - Summary

Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens.

2015-S653A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S653A

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

To require health insurers to provide coverage for long term medical
care for Lyme disease and other tick borne related pathogens.

 SUMMARY OF SPECIFIC PROVISIONS :

Section One will amend subsection (i) of section 3216 of the insurance
law by adding a new paragraph 33, which requires every insurer issuing
a policy of accident and health insurance cover all costs for the
treatment of Lyme disease and other tick borne pathogens.

Section Two will amend subsection (1) of section 3221 of the insurance
law by adding a new paragraph 19, which requires every group or
blanket policy issued that provides hospital, surgical or medical
coverage cover all costs for the treatment of Lyme disease and other
tick borne pathogens.

Section Three will amend section 4303 of the insurance law by adding a
new subsection (qq), which requires every medical expense indemnity

corporation, hospital service corporation and health service
corporation which provides coverage for medical, surgical or major
medical care shall cover all costs for the treatment of Lyme disease
and other tick borne pathogens.

Section Four will amend 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 include Lyme Disease as covered under workers' compensation.

Section Five will amend closing paragraph of subdivision 2 of section
3 of the workers' compensation law to reflect renumbering of
paragraphs

Section Six will amend subdivision 9 of section 201 of the workers'
compensation law by adding a new paragraph C to reflect renumbering of
paragraphs.

Section Seven sets the effective date.

 JUSTIFICATION :

Current law does not specifically stipulate that Lyme Disease and
other tick borne related pathogens be covered under individual and
group health insurance policies or workers' compensation. This bill
would require this disease to be covered under the aforementioned
insurance policies. The bill also specifically states that long term
treatments of the disease be covered if so recommended by a physician
licensed to practice in New York State.

Lyme Disease strikes many New Yorkers each year. This bill ensures
that their pain and suffering is not complicated by a lack of medical
coverage, including long term coverage, for care of the disease.

 PRIOR LEGISLATIVE HISTORY :

2013-14: S.541/A.4978 Referred Insurance
2011-12: S.5354/S.7696 Referred to Insurance
2009-10: A.2100 Held for Consideration in Insurance
2007-08: A.1041 Held for Consideration in Insurance
2005-06: A.385A Held for Consideration in Insurance
2003-04: A.1914A Held for Consideration in Insurance
2001-02: A.9735 Held for Consideration in Insurance

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become law. Effective immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the
implementation of the foregoing sections of this act on its effective
date is authorized and directed to be made and completed on or before
such date.

2015-S653A (ACTIVE) - Bill Text download pdf

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

                                 653--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance  --  recommitted
  to the Committee on Insurance in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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

  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 33 to read as follows:
  (33) 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 2. 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
FURTHER TREATMENT IF RECOMMENDED BY A  PHYSICIAN  LICENSED  TO  PRACTICE
MEDICINE IN THE STATE OF NEW YORK.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03246-03-6

S. 653--A                           2

  S  3.  Section  4303  of  the insurance law is amended by adding a new
subsection (qq) to read as follows:
  (QQ)  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  4.  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
  (LYME BORRELIOSIS)                         OUTDOOR ACTIVITY OR
  AND OTHER TICK BORNE                       TREATMENT OF ANIMALS.
  RELATED PATHOGENS.
  S 5. 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  6. 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 7. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules or regulations necessary for the  imple-
mentation  of this act on its effective date is authorized to be made on
or before such effective date.

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