S T A T E   O F   N E W   Y O R K
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                                    114
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by M. of A. CAHILL, SANTABARBARA -- Multi-Sponsored by -- M.
   of A. BARRETT, COOK, GRAF, GUNTHER, JAFFEE, LUPARDO,  MAYER,  McLAUGH-
   LIN, MOSLEY, PERRY, RIVERA, ROSENTHAL, SIMANOWITZ, SKARTADOS, SKOUFIS,
   STECK,  THIELE,  TITONE  -- read once and referred to the Committee on
   Insurance
 
 AN ACT to amend the insurance law, in relation to coverage of long  term
   medical  care for Lyme disease and other tick borne related pathogens;
   and to amend 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 2017".
   § 2. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 34 to read as follows:
   (34) 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 MAY INCLUDE INTRAVENOUS ANTIBIOTIC
 THERAPY, ORAL ANTIBIOTIC THERAPY, OR ANY OTHER TREATMENT, OR ANY  COMBI-
 NATION OF TREATMENTS, PROVIDED SUCH TREATMENT IS RECOMMENDED BY A PHYSI-
 CIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   § 3. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) 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 MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01422-01-7

 A. 114                              2
 
 INCLUDE  INTRAVENOUS ANTIBIOTIC THERAPY, ORAL ANTIBIOTIC THERAPY, OR ANY
 OTHER TREATMENT, OR ANY COMBINATION OF TREATMENTS, PROVIDED SUCH  TREAT-
 MENT  IS RECOMMENDED BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE
 STATE OF NEW YORK.
   §  4.  Section  4303  of  the insurance law is amended by adding a new
 subsection (oo) to read as follows:
   (OO) 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 MAY INCLUDE INTRAVENOUS ANTIBI-
 OTIC THERAPY, ORAL ANTIBIOTIC THERAPY, OR ANY OTHER  TREATMENT,  OR  ANY
 COMBINATION  OF  TREATMENTS, PROVIDED SUCH TREATMENT IS RECOMMENDED BY A
 PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   § 5. The tax law is amended by adding a new section 209-K to  read  as
 follows:
   §  209-K.  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.
   §  6.  The tax law is amended by adding a new section 630-e to read as
 follows:
   § 630-E. 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.
   § 7. The state finance law is amended by adding a new section 97-cc to
 read as follows:
   § 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-K  AND  SIX  HUNDRED THIRTY-E 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.

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   3.  MONIES  OF  THE FUND SHALL BE EXPENDED ONLY FOR TICK BORNE ILLNESS
 RESEARCH, DETECTION AND EDUCATION PROJECTS PURSUANT TO  SECTION  TWENTY-
 SEVEN HUNDRED NINETY-EIGHT OF THE PUBLIC HEALTH LAW.
   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.
   § 8. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal of any  rules  or  regulations
 necessary  for  the implementation of this act on its effective date are
 authorized to be made on or before such effective date.