S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1266
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced   by  M.  of  A.  MAGNARELLI,  JONES,  COOK,  COLTON,  SIMON,
   DE LA ROSA, GOTTFRIED, BARRETT -- Multi-Sponsored by -- M. of A. NOLAN
   -- read once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to coverage for  children
   for services related to the diagnosis and treatment of mental, nervous
   or emotional disorders or ailments
 
   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 36 to read as follows:
   (36)  (A) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
 COMPREHENSIVE-TYPE COVERAGE, SHALL PROVIDE  COVERAGE  FOR  CHILDREN  FOR
 SERVICES  RELATED  TO  THE DIAGNOSIS AND TREATMENT OF MENTAL, NERVOUS OR
 EMOTIONAL DISORDERS OR AILMENTS, INCLUDING BUT NOT LIMITED  TO  BIOLOGI-
 CALLY BASED MENTAL ILLNESSES AS DEFINED BY SUBPARAGRAPH (B) OF PARAGRAPH
 FIVE  OF SUBSECTION (L) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE
 OF THIS ARTICLE AND CHILDREN  WITH  SERIOUS  EMOTIONAL  DISTURBANCES  AS
 DEFINED  BY  SUBPARAGRAPH  (C)  OF  PARAGRAPH  FIVE OF SUBSECTION (L) OF
 SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE  OF  THIS  ARTICLE,  IN  A
 PSYCHIATRIC CENTER UNDER THE JURISDICTION OF THE OFFICE OF MENTAL HEALTH
 OR  OTHER  PSYCHIATRIC  IN-PATIENT  FACILITY  IN  THE  DEPARTMENT, AND A
 PSYCHIATRIC IN-PATIENT FACILITY MAINTAINED BY A POLITICAL SUBDIVISION OF
 THE STATE FOR THE CARE  OR  TREATMENT  OF  THE  MENTALLY  ILL.  COVERAGE
 REQUIRED  UNDER  THIS  PARAGRAPH  MUST  BE  AT  LEAST  EQUAL TO COVERAGE
 PROVIDED IN SUCH POLICY FOR THE DIAGNOSIS AND TREATMENT OF MENTAL, NERV-
 OUS OR EMOTIONAL DISORDERS OR AILMENTS WITH NO ADDITIONAL COST SHARING.
   (B) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "CHILDREN" SHALL MEAN
 ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 5-a to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01768-01-1
              

 A. 1266                             2
 
   (5-A) (A) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
 COMPREHENSIVE-TYPE COVERAGE, SHALL PROVIDE  COVERAGE  FOR  CHILDREN  FOR
 SERVICES  RELATED  TO  THE DIAGNOSIS AND TREATMENT OF MENTAL, NERVOUS OR
 EMOTIONAL DISORDERS OR AILMENTS, INCLUDING BUT NOT LIMITED  TO  BIOLOGI-
 CALLY BASED MENTAL ILLNESSES AS DEFINED BY SUBPARAGRAPH (B) OF PARAGRAPH
 FIVE OF THIS SUBSECTION AND CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES
 AS  DEFINED BY SUBPARAGRAPH (C) OF PARAGRAPH FIVE OF THIS SUBSECTION, IN
 A PSYCHIATRIC CENTER UNDER THE JURISDICTION  OF  THE  OFFICE  OF  MENTAL
 HEALTH OR OTHER PSYCHIATRIC IN-PATIENT FACILITY IN THE DEPARTMENT, AND A
 PSYCHIATRIC IN-PATIENT FACILITY MAINTAINED BY A POLITICAL SUBDIVISION OF
 THE  STATE  FOR  THE  CARE  OR  TREATMENT  OF THE MENTALLY ILL. COVERAGE
 REQUIRED UNDER THIS  PARAGRAPH  MUST  BE  AT  LEAST  EQUAL  TO  COVERAGE
 PROVIDED IN SUCH POLICY FOR THE DIAGNOSIS AND TREATMENT OF MENTAL, NERV-
 OUS OR EMOTIONAL DISORDERS OR AILMENTS WITH NO ADDITIONAL COST SHARING.
   (B) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "CHILDREN" SHALL MEAN
 ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (g-1) to read as follows:
   (G-1) (1) EVERY CONTRACT THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMI-
 LAR COMPREHENSIVE-TYPE COVERAGE, SHALL PROVIDE COVERAGE FOR CHILDREN FOR
 SERVICES RELATED TO THE DIAGNOSIS AND TREATMENT OF  MENTAL,  NERVOUS  OR
 EMOTIONAL  DISORDERS  OR AILMENTS, INCLUDING BUT NOT LIMITED TO BIOLOGI-
 CALLY BASED MENTAL ILLNESSES AS DEFINED BY SUBPARAGRAPH (B) OF PARAGRAPH
 TWO OF  SUBSECTION  (G)  OF  THIS  SECTION  AND  CHILDREN  WITH  SERIOUS
 EMOTIONAL  DISTURBANCES  AS DEFINED BY PARAGRAPH THREE OF SUBSECTION (G)
 OF THIS SECTION, IN A PSYCHIATRIC CENTER UNDER THE JURISDICTION  OF  THE
 OFFICE  OF MENTAL HEALTH OR OTHER PSYCHIATRIC IN-PATIENT FACILITY IN THE
 DEPARTMENT, AND A PSYCHIATRIC IN-PATIENT FACILITY MAINTAINED BY A  POLI-
 TICAL SUBDIVISION OF THE STATE FOR THE CARE OR TREATMENT OF THE MENTALLY
 ILL.  COVERAGE  REQUIRED  UNDER THIS PARAGRAPH MUST BE AT LEAST EQUAL TO
 COVERAGE PROVIDED IN SUCH POLICY FOR  THE  DIAGNOSIS  AND  TREATMENT  OF
 MENTAL,  NERVOUS  OR  EMOTIONAL DISORDERS OR AILMENTS WITH NO ADDITIONAL
 COST SHARING.
   (2) FOR THE PURPOSES OF THIS SUBSECTION,  THE  TERM  "CHILDREN"  SHALL
 MEAN ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS.
   §  4.  This  act  shall take effect immediately and shall apply to any
 policy issued, delivered, renewed,  and/or  modified  on  or  after  the
 effective date of this act.