S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4598
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Insurance
 
 AN  ACT to amend the insurance law, in relation to coverage of long term
   medical care for Lyme disease and other tick borne related  pathogens;
   and  to  amend  the  tax law and the state finance law, in relation to
   providing  for  taxpayer  gifts  for  tick  borne  illness   research,
   detection  and  education  and  establishing  the  tick  borne illness
   research, detection and education fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "tick borne
 illness treatment and education act of 2023".
   § 2. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 39 to read as follows:
   (39)  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 MAY  INCLUDE  INTRAVENOUS  ANTIBIOTIC
 THERAPY,  ORAL ANTIBIOTIC THERAPY, OR ANY OTHER TREATMENT, OR ANY COMBI-
 NATION OF TREATMENTS, PROVIDED SUCH TREATMENT IS RECOMMENDED BY A PHYSI-
 CIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   § 3. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 23 to read as follows:
   (23) 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 MAY
 INCLUDE INTRAVENOUS ANTIBIOTIC THERAPY, ORAL ANTIBIOTIC THERAPY, OR  ANY
 OTHER  TREATMENT, OR ANY COMBINATION OF TREATMENTS, PROVIDED SUCH TREAT-
 MENT IS RECOMMENDED BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN  THE
 STATE OF NEW YORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07820-01-3
              

 A. 4598                             2
 
   §  4.  Section  4303  of  the insurance law is amended by adding a new
 subsection (uu) to read as follows:
   (UU)  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
 COSTS FOR TREATMENT OF LYME DISEASE (LYME BORRELIOSIS)  AND  OTHER  TICK
 BORNE RELATED PATHOGENS.  SUCH TREATMENT MAY INCLUDE INTRAVENOUS ANTIBI-
 OTIC  THERAPY,  ORAL  ANTIBIOTIC THERAPY, OR ANY OTHER TREATMENT, OR ANY
 COMBINATION OF TREATMENTS, PROVIDED SUCH TREATMENT IS RECOMMENDED  BY  A
 PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   §  5.  The tax law is amended by adding a new section 209-q to read as
 follows:
   § 209-Q. GIFT FOR TICK BORNE ILLNESS RESEARCH,  DETECTION  AND  EDUCA-
 TION.  A  TAXPAYER  IN  ANY  TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
 SUPPORT OF THE TICK BORNE  ILLNESS  RESEARCH,  DETECTION  AND  EDUCATION
 FUND.  SUCH  CONTRIBUTION  SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL
 NOT REDUCE THE AMOUNT OF THE  STATE  TAX  OWED  BY  SUCH  TAXPAYER.  THE
 COMMISSIONER  SHALL  INCLUDE SPACE ON THE CORPORATE INCOME TAX RETURN TO
 ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
 BE CREDITED TO THE TICK BORNE ILLNESS RESEARCH, DETECTION AND  EDUCATION
 FUND  AND  SHALL  BE  USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION
 NINETY-SEVEN-II OF THE STATE FINANCE LAW.
   § 6. The tax law is amended by adding a new section 630-l to  read  as
 follows:
   §  630-L.  GIFT  FOR TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCA-
 TION. AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE  TO  THE
 TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. SUCH CONTRIB-
 UTION  SHALL  BE  IN  ANY  WHOLE  DOLLAR AMOUNT AND SHALL NOT REDUCE THE
 AMOUNT OF STATE TAX OWED BY  SUCH  INDIVIDUAL.  THE  COMMISSIONER  SHALL
 INCLUDE  SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO
 MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW  ALL
 REVENUES  COLLECTED  PURSUANT  TO  THIS SECTION SHALL BE CREDITED TO THE
 TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND AND USED  ONLY
 FOR  THOSE  PURPOSES  ENUMERATED IN SECTION NINETY-SEVEN-II OF THE STATE
 FINANCE LAW.
   § 7. The state finance law is amended by adding a new section 97-ii to
 read as follows:
   § 97-II. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. 1.
 THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER  OF
 TAXATION  AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS
 THE "TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
 OF  TAXATION  AND  FINANCE,  PURSUANT  TO THE PROVISIONS OF SECTIONS TWO
 HUNDRED NINE-Q AND SIX HUNDRED THIRTY-L OF THE TAX  LAW  AND  ALL  OTHER
 MONEYS  APPROPRIATED,  CREDITED,  OR  TRANSFERRED THERETO FROM ANY OTHER
 FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION  SHALL
 PREVENT  THE  STATE  FROM  RECEIVING  GRANTS,  GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR  TICK  BORNE  ILLNESS
 RESEARCH,  DETECTION  AND EDUCATION PROJECTS PURSUANT TO SECTION TWENTY-
 SEVEN HUNDRED NINETY-EIGHT OF THE PUBLIC HEALTH LAW.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF HEALTH.
 A. 4598                             3
 
   5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
 THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
 END OF THAT FISCAL YEAR.
   § 8. 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 rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.