NY State Senate Bill 2017-S7636

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2018	referred to insurance

co-Sponsors

2017-S7636 (ACTIVE) - Details

See Assembly Version of this Bill:: A6103
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8011, A10322
2019-2020: S4560, A2925
2021-2022: S5071, A3165
2023-2024: S6038, A6913

2017-S7636 (ACTIVE) - Summary

Relates to mandatory health insurance coverage for acupuncture services.

2017-S7636 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7636

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the insurance law, in relation to mandatory health
insurance coverage for acupuncture services

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 would amend subsection (i) of section 3216 of the insurance
law is amended by adding a new paragraph 34.

Section 2 would amend section 4303 of the insurance law is amended by
adding a new subsection (rr).

Section 3 provides that the effective date for this legislation shall be
90 days after it is signed into law.

 
JUSTIFICATION:

The ACA ensured access of all New Yorkers to a basic level of health-
care, which included "essential health benefits" which are loosely
outlined by the Federal Government. States are permitted to expand these
"essential health benefits" in order to provide their citizens with
greater access to basic levels of care. Acupuncture is currently not
provided for as an essential health benefit in New York, and is not
covered by New York's basic health plan. This leaves many New Yorker's
without the ability to afford this important treatment.

Acupuncture has been shown to be effective in treating a number of
conditions, including chronic pain, nausea, headaches, anxiety,
depression, insomnia and infertility. Acupuncture is also a cost effec-
tive alternative to some other forms of treatment, often resulting in
permanent improvement for patients with chronic conditions. Acupuncture
has been shown to be effective in treating chronic pain as an alterna-
tive to opioids. This makes adding acupuncture as an essential health
benefit even more important given the opioid epidemic facing the state.
Ensuring that citizens have access to quality acupuncture as part of
their basic health insurance offered on the health exchange should be a
key part of New York's public health plan.

 
PRIOR LEGISLATIVE HISTORY:

2015-2016: A.10322 (Kim), Referred to insurance

 
FISCAL IMPLICATIONS:

The State may be liable for any difference in premiums paid in the event
that adding acupuncture as an essential health benefit creates an addi-
tional cost to plans. Given its relative cost effectiveness compared to
other means of treatment, it could result in no cost/premium increases,
or a reduction.

 
EFFECTIVE DATE:
This act shall take effect 90 days after it becomes law.

2017-S7636 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7636
 
                             I N  S E N A T E
 
                             February 1, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  mandatory  health
   insurance coverage for acupuncture services
 
   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)  EVERY  POLICY  ISSUED  WITHIN THE HEALTH BENEFIT EXCHANGE ESTAB-
 LISHED PURSUANT TO SECTION 1311 OF THE AFFORDABLE CARE ACT, 42 U.S.C.  §
 18031,  SHALL  PROVIDE  COVERAGE FOR ACUPUNCTURE TREATMENT AS DEFINED IN
 SECTION EIGHT THOUSAND TWO HUNDRED ELEVEN OF THE EDUCATION LAW  PROVIDED
 BY  AN INDIVIDUAL LICENSED, AUTHORIZED, OR CERTIFIED PURSUANT TO ARTICLE
 ONE HUNDRED SIXTY OF THE EDUCATION LAW. HOWEVER,  ACUPUNCTURE  TREATMENT
 AND  SERVICES  MAY  BE  SUBJECT TO REASONABLE DEDUCTIBLE, CO-PAYMENT AND
 CO-INSURANCE AMOUNT, REASONABLE FEE OR BENEFIT  LIMITS,  AND  REASONABLE
 UTILIZATION  REVIEW,  PROVIDED  THAT  ANY SUCH AMOUNTS, LIMITS OR REVIEW
 SHALL BE NO GREATER THAN OTHER ESSENTIAL HEALTH BENEFITS COVERED BY  THE
 POLICY  AND  PROVIDED  FURTHER  THAT ANY SUCH AMOUNTS, LIMITS, OR REVIEW
 SHALL NOT FUNCTION  TO  DIRECT  TREATMENT  IN  A  MANNER  DISCRIMINATIVE
 AGAINST  ACUPUNCTURE  TREATMENT.  NOTHING  HEREIN  SHALL BE CONSTRUED AS
 IMPENDING OR PREVENTING EITHER THE PROVISION OR COVERAGE OF  ACUPUNCTURE
 TREATMENT  AND  SERVICES  BY  DULY  LICENSED OR CERTIFIED ACUPUNCTURIST,
 WITHIN THE LAWFUL SCOPE OF THE  PRACTICE  OF  ACUPUNCTURE,  IN  HOSPITAL
 FACILITIES ON A STAFF OR EMPLOYEE BASIS.
   §  2.  Section  4303  of  the insurance law is amended by adding a new
 subsection (rr) to read as follows:
   (RR) EVERY POLICY ISSUED WITHIN THE  HEALTH  BENEFIT  EXCHANGE  ESTAB-
 LISHED  PURSUANT TO SECTION 1311 OF THE AFFORDABLE CARE ACT, 42 U.S.C. §
 18031, SHALL PROVIDE COVERAGE FOR ACUPUNCTURE TREATMENT  AS  DEFINED  IN
 SECTION  EIGHT THOUSAND TWO HUNDRED ELEVEN OF THE EDUCATION LAW PROVIDED
 BY AN INDIVIDUAL LICENSED, AUTHORIZED, OR CERTIFIED PURSUANT TO  ARTICLE
 ONE  HUNDRED  SIXTY OF THE EDUCATION LAW. HOWEVER, ACUPUNCTURE TREATMENT
 AND SERVICES MAY BE SUBJECT TO  REASONABLE  DEDUCTIBLE,  CO-PAYMENT  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05248-01-7

 S. 7636                             2
 
 CO-INSURANCE  AMOUNT,  REASONABLE  FEE OR BENEFIT LIMITS, AND REASONABLE
 UTILIZATION REVIEW, PROVIDED THAT ANY SUCH  AMOUNTS,  LIMITS  OR  REVIEW
 SHALL  BE NO GREATER THAN OTHER ESSENTIAL HEALTH BENEFITS COVERED BY THE
 POLICY  AND  PROVIDED  FURTHER  THAT ANY SUCH AMOUNTS, LIMITS, OR REVIEW
 SHALL NOT FUNCTION  TO  DIRECT  TREATMENT  IN  A  MANNER  DISCRIMINATIVE
 AGAINST  ACUPUNCTURE  TREATMENT.  NOTHING  HEREIN  SHALL BE CONSTRUED AS
 IMPEDING OR PREVENTING EITHER THE PROVISION OR COVERAGE  OF  ACUPUNCTURE
 TREATMENT  AND  SERVICES  BY  DULY LICENSED OR CERTIFIED ACUPUNCTURISTS,
 WITHIN THE LAWFUL SCOPE OF THE  PRACTICE  OF  ACUPUNCTURE,  IN  HOSPITAL
 FACILITIES ON A STAFF OR EMPLOYEES BASIS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply  to  policies  and  contracts  issued,
 renewed, modified, altered or amended on or after such effective date.

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Senate Bill S7636

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

co-Sponsors

2017-S7636 (ACTIVE) - Details

2017-S7636 (ACTIVE) - Summary

2017-S7636 (ACTIVE) - Sponsor Memo

2017-S7636 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7636

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Insurance Committee

co-Sponsors

Tony Avella

2017-S7636 (ACTIVE) - Details

2017-S7636 (ACTIVE) - Summary

2017-S7636 (ACTIVE) - Sponsor Memo

2017-S7636 (ACTIVE) - Bill Text download pdf

Comments