S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2767
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee 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 35 to read as follows:
   (35) 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.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 21 to read as follows:
   (21) 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.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ss) to read as follows:
   (SS) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00383-01-9

 A. 2767                             2
 
 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.
   §  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.
   § 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.
   §  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.
   § 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.