S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3694
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance law, in relation to requiring policies and
   contracts of insurance providing hospital, surgical, or  medical  care
   coverage to include coverage for human leukocyte antigen testing

   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  POLICY WHICH PROVIDES HOSPITAL, SURGICAL, OR MEDICAL CARE
 COVERAGE OR PROVIDES REIMBURSEMENT FOR LABORATORY TESTS OR REIMBURSEMENT
 FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR HUMAN LEUKOCYTE
 ANTIGEN TESTING, ALSO REFERRED TO AS HISTOCOMPATIBLE LOCUS ANTIGEN TEST-
 ING, FOR A, B, AND DR ANTIGENS FOR UTILIZATION IN TISSUE TYPING FOR BONE
 MARROW TESTING.
   § 2. Subsection (1) 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  CARE  COVERAGE
 SHALL  PROVIDE  COVERAGE  FOR  HUMAN  LEUKOCYTE  ANTIGEN  TESTING,  ALSO
 REFERRED TO AS HISTOCOMPATIBLE LOCUS ANTIGEN TESTING, FOR A, B,  AND  DR
 ANTIGENS  FOR  UTILIZATION  IN  TISSUE  TYPING  FOR BONE MARROW TESTING,
 EXCEPT THAT THIS PROVISION SHALL NOT APPLY  TO  A  POLICY  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.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (ss) to read as follows:
   (SS)  A  MEDICAL  EXPENSE  INDEMNITY  CORPORATION,  A HOSPITAL SERVICE
 CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE  FOR
 HOSPITAL,  SURGICAL,  OR  MEDICAL  CARE SHALL PROVIDE COVERAGE FOR HUMAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04754-01-9

 A. 3694                             2
 
 LEUKOCYTE ANTIGEN TESTING, ALSO REFERRED  TO  AS  HISTOCOMPATIBLE  LOCUS
 ANTIGEN  TESTING,  FOR  A,  B, AND DR ANTIGENS FOR UTILIZATION IN TISSUE
 TYPING FOR BONE MARROW TESTING, EXCEPT THAT  THIS  PROVISION  SHALL  NOT
 APPLY TO A CONTRACT WHICH COVERS PERSONS EMPLOYED IN MORE THAN ONE STATE
 OR THE BENEFIT STRUCTURE OF WHICH WAS THE SUBJECT OF COLLECTIVE BARGAIN-
 ING AFFECTING PERSONS WHO ARE EMPLOYED IN MORE THAN ONE STATE.
   § 4.  This act shall take effect on the first of January next succeed-
 ing  the date on which it shall have become a law and shall apply to all
 policies and contracts issued, renewed, modified, altered, or amended on
 or after such effective date. Effective immediately any rules  or  regu-
 lations  necessary  for  the implementation of this act on its effective
 date shall be promulgated, and any  other  measures  necessary  for  the
 implementation  of  this act on its effective date shall be taken, on or
 before such effective date.