S T A T E O F N E W Y O R K
________________________________________________________________________
8584
I N A S S E M B L Y
January 12, 2024
___________
Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to medical assistance
coverage for medically tailored meals and medical nutrition therapy
for the purpose of disease management
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 21-a to read as follows:
(21-A) (A) FOR PURPOSES OF THIS PARAGRAPH:
(I) "MEDICALLY TAILORED MEALS" AND "MEDICAL NUTRITION THERAPY" MEANS A
NUTRITIONAL ASSESSMENT, NUTRITIONAL THERAPY, AND NUTRITIONAL COUNSELING
PROVIDED BY A CERTIFIED DIETICIAN, CERTIFIED NUTRITIONIST, OR A MEDICAL
DOCTOR, INCLUDING THE PROVISION OF ANY FOOD INDICATED BY A NUTRITIONAL
ASSESSMENT AND THE DELIVERY OF SUCH FOOD, ORDERED BY A HEALTH CARE
PROFESSIONAL ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE PURSUANT
TO TITLE EIGHT OF THE EDUCATION LAW, FOR THE PURPOSE OF TREATING ONE OR
MORE CHRONIC CONDITIONS THAT AN INDIVIDUAL IS DIAGNOSED WITH.
(II) "CHRONIC CONDITION" MEANS CANCER, DIABETES, ALZHEIMER'S DISEASE
AND OTHER DEMENTIAS.
(III) "MANAGED CARE PRODUCT" MEANS A POLICY WHICH REQUIRES THAT
MEDICAL OR OTHER HEALTH CARE SERVICES COVERED UNDER THE POLICY, OTHER
THAN EMERGENCY CARE SERVICES, BE PROVIDED BY, OR PURSUANT TO A REFERRAL
FROM, A PRIMARY CARE PROVIDER, AND THAT SERVICES PROVIDED PURSUANT TO
SUCH A REFERRAL BE RENDERED BY A HEALTH CARE PROVIDER PARTICIPATING IN
THE INSURER'S MANAGED CARE PROVIDER NETWORK. IN ADDITION, A MANAGED CARE
PRODUCT SHALL ALSO MEAN THE IN-NETWORK PORTION OF A CONTRACT WHICH
REQUIRES THAT MEDICAL OR OTHER HEALTH CARE SERVICES COVERED UNDER THE
CONTRACT, OTHER THAN EMERGENCY CARE SERVICES, BE PROVIDED BY, OR PURSU-
ANT TO A REFERRAL FROM, A PRIMARY CARE PROVIDER, AND THAT SERVICES
PROVIDED PURSUANT TO SUCH A REFERRAL BE RENDERED BY A HEALTH CARE
PROVIDER PARTICIPATING IN THE INSURER'S MANAGED CARE PROVIDER NETWORK,
IN ORDER FOR THE INSURED TO BE ENTITLED TO THE MAXIMUM REIMBURSEMENT
UNDER THE CONTRACT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03736-02-3
A. 8584 2
(IV) "MEDICALLY TAILORED MEAL VENDOR" IS A VENDOR THAT PROVIDES
MEDICALLY TAILORED MEALS ACCORDING TO THE SPECIFICATIONS IN A
PRESCRIPTION FROM A CERTIFIED DIETICIAN, CERTIFIED NUTRITIONIST, OR A
MEDICAL DOCTOR.
(B) EVERY POLICY WHICH IS A MANAGED CARE PRODUCT AS DEFINED IN CLAUSE
(III) OF SUBPARAGRAPH (A) OF THIS PARAGRAPH THAT PROVIDES COVERAGE FOR
PHYSICIAN SERVICES IN A PHYSICIAN'S OFFICE, AND EVERY POLICY WHICH IS A
MANAGED CARE PRODUCT THAT PROVIDES MAJOR MEDICAL OR SIMILAR COMPREHEN-
SIVE-TYPE COVERAGE, SHALL INCLUDE COVERAGE FOR MEDICALLY TAILORED MEALS
AND MEDICAL NUTRITION THERAPY AS DEFINED IN CLAUSE (I) OF SUBPARAGRAPH
(A) OF THIS PARAGRAPH, PROVIDED BY A CERTIFIED DIETICIAN OR CERTIFIED
NUTRITIONIST LICENSED PURSUANT TO SECTION EIGHT THOUSAND FOUR OF THE
EDUCATION LAW AND PURSUANT TO 8 NYCCR 52.5 AND 8 NYCRR 79-6 OR A MEDICAL
DOCTOR, IN CONNECTION WITH THE MANAGEMENT OR TREATMENT OF ONE OR MORE
CHRONIC CONDITIONS.
(C) INDIVIDUAL COVERAGE IS LIMITED PER MEDICAL DIAGNOSIS OF ONE CHRON-
IC CONDITION. COVERED INDIVIDUALS MAY RECEIVE COVERAGE OF A MAXIMUM OF
TEN MEALS PER WEEK FOR A MAXIMUM DURATION OF THREE MONTHS FROM THE DATE
THE INDIVIDUAL RECEIVES ITS FIRST MEAL PRESCRIPTION PER A DIAGNOSIS OF A
CHRONIC CONDITION. AN INDIVIDUAL MAY RENEW MEDICALLY TAILORED MEAL
COVERAGE WITH AN ASSESSMENT AND RENEWED PRESCRIPTION FROM A CERTIFIED
DIETICIAN, CERTIFIED NUTRITIONIST OR MEDICAL DOCTOR. THE MANAGED CARE
PRODUCT SHALL PROVIDE COVERAGE FOR MEALS THAT COMPLY WITH THE MEDICALLY
TAILORED MEAL PRESCRIPTION FROM A PRE-APPROVED MEDICALLY TAILORED MEAL
VENDOR. THE MEDICALLY TAILORED MEAL VENDOR SHALL HAVE A CERTIFIED DIETI-
CIAN, CERTIFIED NUTRITIONIST OR MEDICAL DOCTOR REVIEW AND APPROVE THE
MENUS PROVIDED IN RESPONSE TO A PRESCRIPTION FOR MEDICALLY TAILORED
MEALS. ALL MEDICALLY TAILORED MEAL VENDORS SHALL BE PRE-APPROVED BY THE
MANAGED CARE PLAN.
(D) MEDICALLY TAILORED MEALS AND MEDICAL NUTRITION THERAPY SERVICES
MAY BE SUBJECT TO REASONABLE DEDUCTIBLE, CO-PAYMENT AND CO-INSURANCE
AMOUNTS, REASONABLE FEE OR BENEFIT LIMITS, AND REASONABLE UTILIZATION
REVIEW, PROVIDED THAT ANY SUCH AMOUNTS, LIMITS AND REVIEW: (I) SHALL NOT
FUNCTION TO DIRECT TREATMENT IN A MANNER DISCRIMINATIVE AGAINST
MEDICALLY TAILORED MEALS AND MEDICAL NUTRITIONAL THERAPY CARE, AND (II)
INDIVIDUALLY AND COLLECTIVELY SHALL BE NO MORE RESTRICTIVE THAN THOSE
APPLICABLE UNDER THE SAME POLICY TO CARE OR SERVICES PROVIDED BY OTHER
HEALTH PROFESSIONALS IN THE DIAGNOSIS, TREATMENT AND MANAGEMENT OF
CHRONIC DISEASES. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS IMPED-
ING OR PREVENTING EITHER THE PROVISION OR COVERAGE OF MEDICALLY TAILORED
MEALS AND MEDICAL NUTRITIONAL THERAPY CARE AND SERVICES BY A DULY CERTI-
FIED DIETICIAN, CERTIFIED NUTRITIONIST OR MEDICAL DOCTOR, WITHIN THE
LAWFUL SCOPE OF THEIR PRACTICE, IN HOSPITAL FACILITIES ON A STAFF OR
EMPLOYEE BASIS.
(E) THE COVERAGE REQUIRED BY THIS PARAGRAPH SHALL NOT BE ABRIDGED BY
ANY REGULATION PROMULGATED BY THE SUPERINTENDENT.
§ 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 11-a to read as follows:
(11-A) (A) FOR PURPOSES OF THIS PARAGRAPH:
(I) "MEDICALLY TAILORED MEALS" AND "MEDICAL NUTRITION THERAPY" MEANS A
NUTRITIONAL ASSESSMENT, NUTRITIONAL THERAPY, AND NUTRITIONAL COUNSELING
PROVIDED BY A CERTIFIED DIETICIAN, CERTIFIED NUTRITIONIST, OR A MEDICAL
DOCTOR, INCLUDING THE PROVISION OF ANY FOOD INDICATED BY A NUTRITIONAL
ASSESSMENT AND THE DELIVERY OF SUCH FOOD, ORDERED BY A HEALTH CARE
PROFESSIONAL ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE PURSUANT
A. 8584 3
TO TITLE EIGHT OF THE EDUCATION LAW, FOR THE PURPOSE OF TREATING ONE OR
MORE CHRONIC CONDITIONS THAT AN INDIVIDUAL IS DIAGNOSED WITH.
(II) "CHRONIC CONDITION" MEANS CANCER, DIABETES, ALZHEIMER'S DISEASE
AND OTHER DEMENTIAS.
(III) "MANAGED CARE PRODUCT" MEANS A POLICY WHICH REQUIRES THAT
MEDICAL OR OTHER HEALTH CARE SERVICES COVERED UNDER THE POLICY, OTHER
THAN EMERGENCY CARE SERVICES, BE PROVIDED BY, OR PURSUANT TO A REFERRAL
FROM, A PRIMARY CARE PROVIDER, AND THAT SERVICES PROVIDED PURSUANT TO
SUCH A REFERRAL BE RENDERED BY A HEALTH CARE PROVIDER PARTICIPATING IN
THE INSURER'S MANAGED CARE PROVIDER NETWORK. IN ADDITION, A MANAGED CARE
PRODUCT SHALL ALSO MEAN THE IN-NETWORK PORTION OF A CONTRACT WHICH
REQUIRES THAT MEDICAL OR OTHER HEALTH CARE SERVICES COVERED UNDER THE
CONTRACT, OTHER THAN EMERGENCY CARE SERVICES, BE PROVIDED BY, OR PURSU-
ANT TO A REFERRAL FROM, A PRIMARY CARE PROVIDER, AND THAT SERVICES
PROVIDED PURSUANT TO SUCH A REFERRAL BE RENDERED BY A HEALTH CARE
PROVIDER PARTICIPATING IN THE INSURER'S MANAGED CARE PROVIDER NETWORK,
IN ORDER FOR THE INSURED TO BE ENTITLED TO THE MAXIMUM REIMBURSEMENT
UNDER THE CONTRACT.
(IV) "MEDICALLY TAILORED MEAL VENDOR" IS A VENDOR THAT PROVIDES
MEDICALLY TAILORED MEALS ACCORDING TO THE SPECIFICATIONS IN A
PRESCRIPTION FROM A CERTIFIED DIETICIAN, CERTIFIED NUTRITIONIST, OR A
MEDICAL DOCTOR.
(B) EVERY POLICY WHICH IS A MANAGED CARE PRODUCT AS DEFINED IN CLAUSE
(III) OF SUBPARAGRAPH (A) OF THIS PARAGRAPH THAT PROVIDES COVERAGE FOR
PHYSICIAN SERVICES IN A PHYSICIAN'S OFFICE, AND EVERY POLICY WHICH IS A
MANAGED CARE PRODUCT THAT PROVIDES MAJOR MEDICAL OR SIMILAR COMPREHEN-
SIVE-TYPE COVERAGE, SHALL INCLUDE COVERAGE FOR MEDICALLY TAILORED MEALS
AND MEDICAL NUTRITION THERAPY AS DEFINED IN CLAUSE (I) OF SUBPARAGRAPH
(A) OF THIS PARAGRAPH, PROVIDED BY A CERTIFIED DIETICIAN OR CERTIFIED
NUTRITIONIST LICENSED PURSUANT TO SECTION EIGHT THOUSAND FOUR OF THE
EDUCATION LAW AND PURSUANT TO 8 NYCCR 52.5 AND 8 NYCRR 79-6 OR A MEDICAL
DOCTOR, IN CONNECTION WITH THE MANAGEMENT OR TREATMENT OF ONE OR MORE
CHRONIC CONDITIONS.
(C) INDIVIDUAL COVERAGE IS LIMITED PER MEDICAL DIAGNOSIS OF ONE CHRON-
IC CONDITION. COVERED INDIVIDUALS MAY RECEIVE COVERAGE OF A MAXIMUM OF
TEN MEALS PER WEEK FOR A MAXIMUM DURATION OF THREE MONTHS FROM THE DATE
THE INDIVIDUAL RECEIVES ITS FIRST MEAL PRESCRIPTION PER A DIAGNOSIS OF A
CHRONIC CONDITION. AN INDIVIDUAL MAY RENEW MEDICALLY TAILORED MEAL
COVERAGE WITH AN ASSESSMENT AND RENEWED PRESCRIPTION FROM A CERTIFIED
DIETICIAN, CERTIFIED NUTRITIONIST OR MEDICAL DOCTOR. THE MANAGED CARE
PRODUCT SHALL PROVIDE COVERAGE FOR MEALS THAT COMPLY WITH THE MEDICALLY
TAILORED MEAL PRESCRIPTION FROM A PRE-APPROVED MEDICALLY TAILORED MEAL
VENDOR. THE MEDICALLY TAILORED MEAL VENDOR SHALL HAVE A CERTIFIED DIETI-
CIAN, CERTIFIED NUTRITIONIST OR MEDICAL DOCTOR REVIEW AND APPROVE THE
MENUS PROVIDED IN RESPONSE TO A PRESCRIPTION FOR MEDICALLY TAILORED
MEALS. ALL MEDICALLY TAILORED MEAL VENDORS SHALL BE PRE-APPROVED BY THE
MANAGED CARE PLAN.
(D) MEDICALLY TAILORED MEALS AND MEDICAL NUTRITION THERAPY SERVICES
MAY BE SUBJECT TO REASONABLE DEDUCTIBLE, CO-PAYMENT AND CO-INSURANCE
AMOUNTS, REASONABLE FEE OR BENEFIT LIMITS, AND REASONABLE UTILIZATION
REVIEW, PROVIDED THAT ANY SUCH AMOUNTS, LIMITS AND REVIEW: (I) SHALL NOT
FUNCTION TO DIRECT TREATMENT IN A MANNER DISCRIMINATIVE AGAINST
MEDICALLY TAILORED MEALS AND MEDICAL NUTRITIONAL THERAPY CARE, AND (II)
INDIVIDUALLY AND COLLECTIVELY SHALL BE NO MORE RESTRICTIVE THAN THOSE
APPLICABLE UNDER THE SAME POLICY TO CARE OR SERVICES PROVIDED BY OTHER
HEALTH PROFESSIONALS IN THE DIAGNOSIS, TREATMENT AND MANAGEMENT OF
A. 8584 4
CHRONIC DISEASES. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS IMPED-
ING OR PREVENTING EITHER THE PROVISION OR COVERAGE OF MEDICALLY TAILORED
MEALS AND MEDICAL NUTRITIONAL THERAPY CARE AND SERVICES BY A DULY CERTI-
FIED DIETICIAN, CERTIFIED NUTRITIONIST OR MEDICAL DOCTOR, WITHIN THE
LAWFUL SCOPE OF THEIR PRACTICE, IN HOSPITAL FACILITIES ON A STAFF OR
EMPLOYEE BASIS.
(E) THE COVERAGE REQUIRED BY THIS PARAGRAPH SHALL NOT BE ABRIDGED BY
ANY REGULATION PROMULGATED BY THE SUPERINTENDENT.
§ 3. Section 4303 of the insurance law is amended by adding a new
subsection (y-1) to read as follows:
(Y-1) (A) FOR PURPOSES OF THIS SUBSECTION:
(I) "MEDICALLY TAILORED MEALS" AND "MEDICAL NUTRITION THERAPY" MEANS A
NUTRITIONAL ASSESSMENT, NUTRITIONAL THERAPY, AND NUTRITIONAL COUNSELING
PROVIDED BY A CERTIFIED DIETICIAN, CERTIFIED NUTRITIONIST, OR A MEDICAL
DOCTOR, INCLUDING THE PROVISION OF ANY FOOD INDICATED BY A NUTRITIONAL
ASSESSMENT AND THE DELIVERY OF SUCH FOOD, ORDERED BY A HEALTH CARE
PROFESSIONAL ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE PURSUANT
TO TITLE EIGHT OF THE EDUCATION LAW, FOR THE PURPOSE OF TREATING ONE OR
MORE CHRONIC CONDITIONS THAT AN INDIVIDUAL IS DIAGNOSED WITH.
(II) "CHRONIC CONDITION" MEANS CANCER, DIABETES, ALZHEIMER'S DISEASE
AND OTHER DEMENTIAS.
(III) "MANAGED CARE PRODUCT" MEANS A CONTRACT WHICH REQUIRES THAT
MEDICAL OR OTHER HEALTH CARE SERVICES COVERED UNDER THE CONTRACT, OTHER
THAN EMERGENCY CARE SERVICES, BE PROVIDED BY, OR PURSUANT TO A REFERRAL
FROM, A PRIMARY CARE PROVIDER, AND THAT SERVICES PROVIDED PURSUANT TO
SUCH A REFERRAL BE RENDERED BY A HEALTH CARE PROVIDER PARTICIPATING IN
THE INSURER'S MANAGED CARE PROVIDER NETWORK. IN ADDITION, A MANAGED CARE
PRODUCT SHALL ALSO MEAN THE IN-NETWORK PORTION OF A CONTRACT WHICH
REQUIRES THAT MEDICAL OR OTHER HEALTH CARE SERVICES COVERED UNDER THE
CONTRACT, OTHER THAN EMERGENCY CARE SERVICES, BE PROVIDED BY, OR PURSU-
ANT TO A REFERRAL FROM, A PRIMARY CARE PROVIDER, AND THAT SERVICES
PROVIDED PURSUANT TO SUCH A REFERRAL BE RENDERED BY A HEALTH CARE
PROVIDER PARTICIPATING IN THE INSURER'S MANAGED CARE PROVIDER NETWORK,
IN ORDER FOR THE INSURED TO BE ENTITLED TO THE MAXIMUM REIMBURSEMENT
UNDER THE CONTRACT.
(IV) "MEDICALLY TAILORED MEAL VENDOR" IS A VENDOR THAT PROVIDES
MEDICALLY TAILORED MEALS ACCORDING TO THE SPECIFICATIONS IN A
PRESCRIPTION FROM A CERTIFIED DIETICIAN, CERTIFIED NUTRITIONIST, OR A
MEDICAL DOCTOR.
(B) EVERY CONTRACT ISSUED BY A HEALTH SERVICE CORPORATION OR A MEDICAL
EXPENSE INDEMNITY CORPORATION WHICH IS A MANAGED CARE PRODUCT AS DEFINED
IN SUBPARAGRAPH (III) OF PARAGRAPH (A) OF THIS SUBSECTION THAT PROVIDES
COVERAGE FOR PHYSICIAN SERVICES IN A PHYSICIAN'S OFFICE, AND EVERY
MANAGED CARE PRODUCT THAT PROVIDES MAJOR MEDICAL OR SIMILAR COMPREHEN-
SIVE-TYPE COVERAGE, SHALL INCLUDE COVERAGE FOR MEDICALLY TAILORED MEALS
AND MEDICAL NUTRITION THERAPY AS DEFINED IN SUBPARAGRAPH (I) OF PARA-
GRAPH (A) OF THIS SUBSECTION, PROVIDED BY A CERTIFIED DIETICIAN OR
CERTIFIED NUTRITIONIST LICENSED PURSUANT TO SECTION EIGHT THOUSAND FOUR
OF THE EDUCATION LAW AND PURSUANT TO 8 NYCCR 52.5 AND 8 NYCRR 79-6 OR A
MEDICAL DOCTOR, IN CONNECTION WITH THE MANAGEMENT OR TREATMENT OF ONE OR
MORE CHRONIC CONDITIONS.
(C) INDIVIDUAL COVERAGE IS LIMITED PER MEDICAL DIAGNOSIS OF ONE CHRON-
IC CONDITION. COVERED INDIVIDUALS MAY RECEIVE COVERAGE OF A MAXIMUM OF
TEN MEALS PER WEEK FOR A MAXIMUM DURATION OF THREE MONTHS FROM THE DATE
THE INDIVIDUAL RECEIVES ITS FIRST MEAL PRESCRIPTION PER A DIAGNOSIS OF A
CHRONIC CONDITION. AN INDIVIDUAL MAY RENEW MEDICALLY TAILORED MEAL
A. 8584 5
COVERAGE WITH AN ASSESSMENT AND RENEWED PRESCRIPTION FROM A CERTIFIED
DIETICIAN, CERTIFIED NUTRITIONIST OR MEDICAL DOCTOR. THE MANAGED CARE
PRODUCT SHALL PROVIDE COVERAGE FOR MEALS THAT COMPLY WITH THE MEDICALLY
TAILORED MEAL PRESCRIPTION FROM A PRE-APPROVED MEDICALLY TAILORED MEAL
VENDOR. THE MEDICALLY TAILORED MEAL VENDOR SHALL HAVE A CERTIFIED DIETI-
CIAN, CERTIFIED NUTRITIONIST OR MEDICAL DOCTOR REVIEW AND APPROVE THE
MENUS PROVIDED IN RESPONSE TO A PRESCRIPTION FOR MEDICALLY TAILORED
MEALS. ALL MEDICALLY TAILORED MEAL VENDORS SHALL BE PRE-APPROVED BY THE
MANAGED CARE PLAN.
(D) MEDICALLY TAILORED MEALS AND MEDICAL NUTRITION THERAPY SERVICES
MAY BE SUBJECT TO REASONABLE DEDUCTIBLE, CO-PAYMENT AND CO-INSURANCE
AMOUNTS, REASONABLE FEE OR BENEFIT LIMITS, AND REASONABLE UTILIZATION
REVIEW, PROVIDED THAT ANY SUCH AMOUNTS, LIMITS AND REVIEW: (I) SHALL NOT
FUNCTION TO DIRECT TREATMENT IN A MANNER DISCRIMINATIVE AGAINST
MEDICALLY TAILORED MEALS AND MEDICAL NUTRITIONAL THERAPY CARE, AND (II)
INDIVIDUALLY AND COLLECTIVELY SHALL BE NO MORE RESTRICTIVE THAN THOSE
APPLICABLE UNDER THE SAME CONTRACT TO CARE OR SERVICES PROVIDED BY OTHER
HEALTH PROFESSIONALS IN THE DIAGNOSIS, TREATMENT AND MANAGEMENT OF
CHRONIC DISEASES. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS IMPED-
ING OR PREVENTING EITHER THE PROVISION OR COVERAGE OF MEDICALLY TAILORED
MEALS AND MEDICAL NUTRITIONAL THERAPY CARE AND SERVICES BY A DULY CERTI-
FIED DIETICIAN, CERTIFIED NUTRITIONIST OR MEDICAL DOCTOR, WITHIN THE
LAWFUL SCOPE OF THEIR PRACTICE, IN HOSPITAL FACILITIES ON A STAFF OR
EMPLOYEE BASIS.
(E) THE COVERAGE REQUIRED BY THIS SUBSECTION SHALL NOT BE ABRIDGED BY
ANY REGULATION PROMULGATED BY THE SUPERINTENDENT.
§ 4. This act shall take effect on the one hundred eightieth 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.