S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2667
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Insurance
 
 AN  ACT  to  amend  the  insurance law, in relation to reimbursement for
   testing for familial dysautonomia, Canavan's disease and Tay-Sachs
 
   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 34 to read as follows:
   (34) (A) EVERY POLICY WHICH PROVIDES COVERAGE FOR  HOSPITAL,  SURGICAL
 OR  MEDICAL  CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY TESTS OR
 REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE  COVERAGE  FOR
 TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.
   (B)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
 CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
 THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
   (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
 TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
 TORY PERFORMING THE TEST FOR FAMILIAL  DYSAUTONOMIA,  CANAVAN'S  DISEASE
 AND  TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE OF
 SUCH TESTING.
   (D) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
 RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
 CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
 POLICY.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 20 to read as follows:
   (20) (A) A GROUP POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
 OR  MEDICAL  CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY TESTS OR
 REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE  COVERAGE  FOR
 TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03439-01-7
              

 A. 2667                             2
 
   (B)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
 CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
 THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
   (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
 TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
 TORY  PERFORMING  THE  TEST FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE
 AND TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE  OF
 SUCH TESTING.
   (D)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
 RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
 CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
 POLICY.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (oo) to read as follows:
   (OO)  (1)  A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
 CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE  FOR
 HOSPITAL, SURGICAL OR MEDICAL CARE OR PROVIDES REIMBURSEMENT FOR LABORA-
 TORY  TESTS OR REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE
 COVERAGE FOR TESTING FOR FAMILIAL DYSAUTONOMIA,  CANAVAN'S  DISEASE  AND
 TAY-SACHS.
   (2)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
 CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
 THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
   (3) FOR PURPOSES OF THIS SUBSECTION, IN ORDER TO MAINTAIN  THE  CONFI-
 DENTIALITY  OF  PERSONS  TESTED,  RECEIPT  OF AN ACKNOWLEDGMENT FROM THE
 LABORATORY PERFORMING THE  TEST  FOR  FAMILIAL  DYSAUTONOMIA,  CANAVAN'S
 DISEASE  AND  TAY-SACHS  SHALL  BE  DEEMED  SUFFICIENT  EVIDENCE  OF THE
 PERFORMANCE OF SUCH TESTING.
   (4) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
 RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
 CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
 POLICY.
   § 4. This act shall take effect immediately.