NY State Senate Bill 2021-S3896

Senate Bill S3896

2021-2022 Legislative Session

Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens

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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 05, 2022	referred to insurance
Feb 01, 2021	referred to insurance

co-Sponsors

2021-S3896 (ACTIVE) - Details

See Assembly Version of this Bill:: A7495
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L; amd §§3 & 201, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5354
2013-2014: S541
2015-2016: S653
2017-2018: S670, A10621
2019-2020: S4186, A2767
2023-2024: S3379

2021-S3896 (ACTIVE) - Summary

Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens.

2021-S3896 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3896

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require health insurers to provide coverage for long term medical
care for Lyme disease and other tick borne related pathogens.

 
SUMMARY OF PROVISIONS:

To require health insurers to provide coverage for long term medical
care for Lyme disease and other tick borne related pathogens.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section One will amend subsection (i) of section 3216 of the insurance
law by adding a new paragraph 35, which requires every insurer issuing a
policy of accident and health insurance cover all costs for the treat-
ment of Lyme disease and other tick borne pathogens.

Section Two will amend subsection (1) of section 3221 of the insurance
law by adding a new paragraph 21, which requires every group or blanket
policy issued that provides hospital, surgical or medical coverage cover
all costs for the treatment of Lyme disease and other tick borne patho-
gens.

Section Three will amend section 4303 of the insurance law by adding a
new subsection (ss), which requires every medical expense indemnity
corporation, hospital service corporation and health service corporation
which provides coverage for medical, surgical or major medical care
shall cover all costs for the treatment of Lyme disease and other tick
borne pathogens.

Section Four will amend 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
include Lyme Disease as covered under workers' compensation.

Section Five will amend closing paragraph of subdivision 2 of section 3
of the workers' compensation law to reflect renumbering of paragraphs

Section Six will amend subdivision 9 of section 201 of the workers'
compensation law by adding a new paragraph C to reflect renumbering of
paragraphs.

Section Seven sets the effective date.

 
JUSTIFICATION:

Current law does not specifically stipulate that Lyme disease and other
tick borne related pathogens be covered under individual and group
health insurance policies or workers' compensation. Lyme disease is a
life long illness that is exacerbated unless treated.  New York remains
one of the states with the highest incidence of Lyme disease. This bill
would require this disease to be covered under the aforementioned insur-
ance policies. The bill also requires that long term treatments of the
disease be covered if so recommended by a physician licensed to practice
in New York State.

Lyme disease strikes many New Yorkers each year. This bill ensures that
their pain and suffering is not complicated by a lack of medical cover-
age, including long term coverage, for care of the disease.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: A.2767/S.4186 - Referred to Insurance
2017-2018:A.10621 - Referred to Insurance
2013-2014:A.4978 - Referred to Insurance
2011-2012:A.7696 - Referred to Insurance
2009-2010:A.2100 - Held for Consideration in Insurance
2007-2008:A.1041 - Held for Consideration in Insurance
2005-2006:A.385A - Held for Consideration in Insurance
2003-2004:A.1914A - Held for Consideration in Insurance
2001-2002:A.9735 - Held for Consideration in Insurance

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law. Effective immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the implementa-
tion of the foregoing sections of this act on its effective date is
authorized and directed to be made and completed on or before such date.

2021-S3896 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3896
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY,  GAUGHRAN,  HARCKHAM  --  read twice and
   ordered printed, and when printed to be committed to the Committee  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 36 to read as follows:
   (36)  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07579-01-1

 S. 3896                             2
 
 MEDICAL,  SURGICAL  OR MAJOR MEDICAL CARE 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 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.

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Senate Bill S3896

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Sponsored By

Timothy M. Kennedy