NY State Senate Bill 2017-S4002

Senate Bill S4002

2017-2018 Legislative Session

Requires coverage under medicaid and health insurance plans for treatment for smoking cessation

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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
Jan 03, 2018	referred to insurance
Feb 01, 2017	referred to insurance

co-Sponsors

2017-S4002 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§4303, 3216 & 3221, Ins L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1792
2013-2014: S3132
2015-2016: S2884
2019-2020: S6022
2021-2022: S507
2023-2024: S137
2025-2026: S556

2017-S4002 (ACTIVE) - Summary

Requires that medicaid and health insurance plans provide coverage for costs of prescription smoking cessation treatment that is ordered by a physician; establishes a coverage limit of $400 for each covered individual.

2017-S4002 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4002

 TITLE OF BILL :  An act to amend the insurance law, in relation to
coverage for treatment of smoking cessation

 PURPOSE :

To extend health insurance coverage to individuals for whom a
physician prescribes or orders smoking cessation treatment.

 SUMMARY OF PROVISIONS :

Section 1 amends Section 4303 of the Insurance Law by adding a new
subsection (oo) requiring hospital or health service corporations to
provide up to $400 worth of coverage for smoking cessation treatment
ordered by a physician.

Section 2 amends subsection (i) of Section 3216 of the Insurance Law
by adding a new paragraph (34) which requires insurance policies to
provide up to $400 of coverage for smoking cessation treatment
recommended or prescribed by a physician.

Section 3 amends subsection (1) of Section 3221 of the Insurance Law
by adding a new paragraph 20 requiring every group or blanket policy
in New York State providing hospital, surgical or medical coverage to
include up to $400 of coverage for smoking cessation treatment

recommended or prescribed by a physician.

 JUSTIFICATION :

Tobacco addiction is one of the costliest and most easily avoidable
public health problems, requiring Americans and their families to
spend millions of dollars every year for the illnesses that are caused
by smoking. There are smoking cessation programs that currently are
available, however, these highly effective programs are not always
covered by either state or private health insurers.  Smoking cessation
programs are relatively inexpensive when compared to the costly
treatments required for victims of smoking-related illnesses. This
legislation is necessary for smokers who wish to quit but cannot
afford to pay all the expenses of such programs on their own. In
addition, smoking cessation programs should be made more accessible to
those who wish to quit smoking, particularly in light of the recent
tax increases on cigarettes in New York State. As the price of
cigarettes continues to rise, more people will want to stop smoking.
Including insurance coverage for smoking cessation programs will make
the goal of quitting smoking easier, increase public health and reduce
the high expense of treating smoking related illnesses later in life.

 FISCAL IMPLICATIONS :

To be determined. It is expected that the costs of providing coverage
required by this bill to be more than offset by the savings to
families and state insurance programs in hospital and medical costs.

 EFFECTIVE DATE :
This act shall take effect on the 180th day after it shall become a
law and shall apply to all policies and contracts issued, renewed,
modified or amended after such date.

2017-S4002 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4002
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2017
                                ___________
 
 Introduced  by Sens. KRUEGER, PERKINS -- 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 coverage for treatment
   of smoking cessation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  4303 of the insurance law is amended by adding a
 new subsection (oo) to read as follows:
   (OO) A HOSPITAL SERVICE CORPORATION OR A  HEALTH  SERVICE  CORPORATION
 WHICH  PROVIDES  GROUP,  GROUP REMITTANCE OR SCHOOL BLANKET COVERAGE FOR
 INPATIENT HOSPITAL CARE SHALL PROVIDE COVERAGE FOR COSTS OF PRESCRIPTION
 SMOKING CESSATION TREATMENT THAT IS ORDERED BY A PHYSICIAN. SUCH  TREAT-
 MENT  MAY  BE  LIMITED TO FOUR HUNDRED DOLLARS PER YEAR FOR EACH COVERED
 INDIVIDUAL. THIS PROVISION SHALL NOT APPLY TO A CONTRACT ISSUED PURSUANT
 TO SECTION FOUR THOUSAND THREE HUNDRED FIVE OF THIS ARTICLE WHICH COVERS
 PERSONS EMPLOYED IN MORE THAN ONE STATE  OR  THE  BENEFIT  STRUCTURE  OF
 WHICH WAS THE SUBJECT OF COLLECTIVE BARGAINING AFFECTING PERSONS WHO ARE
 EMPLOYED  IN MORE THAN ONE STATE. SUCH COVERAGE MAY BE SUBJECT TO ANNUAL
 DEDUCTIBLES AND CO-INSURANCE AS MAY BE DEEMED APPROPRIATE BY THE  SUPER-
 INTENDENT AND ARE CONSISTENT WITH THOSE IMPOSED ON OTHER BENEFITS WITHIN
 A  GIVEN  POLICY. SUCH COVERAGE SHALL NOT REPLACE, RESTRICT OR ELIMINATE
 EXISTING COVERAGE PROVIDED BY THE POLICY.
   § 2. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 34 to read as follows:
   (34) EVERY POLICY SHALL PROVIDE COVERAGE  FOR  COSTS  OF  PRESCRIPTION
 SMOKING  CESSATION TREATMENT THAT IS ORDERED BY A PHYSICIAN. SUCH COVER-
 AGE MAY BE LIMITED TO FOUR HUNDRED DOLLARS PER  YEAR  FOR  EACH  COVERED
 INDIVIDUAL.
   § 3. Subsection (1) of section 3221 of the insurance law is amended by
 adding a new paragraph 20 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05792-01-7

 S. 4002                             2
 
   (20) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
 THIS  STATE  WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
 PROVIDE COVERAGE FOR COSTS OF PRESCRIPTION SMOKING  CESSATION  TREATMENT
 THAT  IS  ORDERED  BY  A PHYSICIAN. SUCH COVERAGE MAY BE LIMITED TO FOUR
 HUNDRED DOLLARS FOR EACH COVERED INDIVIDUAL.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to all policies and contracts
 issued,  renewed,  modified,  altered  or amended on or after such date;
 except that  any  rules  and  regulations  necessary  to  implement  the
 provisions  of  this  act are authorized and directed to be promulgated,
 amended or repealed on or before such effective date.

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Senate Bill S4002

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Sponsored By

Liz Krueger