NY State Senate Bill 2023-S6038

Current 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 03, 2024	referred to insurance
Mar 27, 2023	referred to insurance

co-Sponsors

2023-S6038 (ACTIVE) - Details

See Assembly Version of this Bill:: A6913
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8011, A10322
2017-2018: S7636, A6103
2019-2020: S4560, A2925
2021-2022: S5071, A3165

2023-S6038 (ACTIVE) - Summary

Relates to mandatory health insurance coverage for acupuncture services.

2023-S6038 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6038

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the insurance law, in relation to mandatory health
insurance coverage for acupuncture services

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Subsection (i) of section 3216 of the insurance law is
amended by adding a new paragraph 39.

Section 2: Section 4343 of the insurance law is amended by adding a new
subsection (uu).

Section 3: This act shall take effect on the ninetieth day after it
shall have become a law and shall apply to policies and contracts
issued, renewed, modified, altered or amended on or after such effective
date.

 
JUSTIFICATION:

The ACA ensured access of all New Yorkers to a basic level of health-
care, which included "essential health benefits" which are loosely
outlined by the Federal Government. States are permitted to expand these
"essential health benefits" in order to provide their citizens with
greater access to basic levels of care. Acupuncture is currently not
provided for as an essential health benefit in New York, and is not
covered by New York's basic health plan. This leaves many New Yorker's
without the ability to afford this important treatment.

Acupuncture has been shown to be effective in treating a number of
conditions, including chronic pain, nausea, headaches, anxiety,
depression, insomnia and infertility. Acupuncture is also a cost effec-
tive alternative to some other forms of treatment, often resulting in
permanent improvement for patients with chronic conditions. Acupuncture
has been shown to be effective in treating chronic pain as an alterna-
tive to opioids. This makes adding acupuncture as an essential health
benefit even more important given the opioid epidemic facing the state.
Ensuring that citizens have access to quality acupuncture as part of
their basic health insurance offered on the health exchange should be a
key part of New York's public health plan.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S5071 - Referred to Insurance

2019-20: S.4560 - Referred to Insurance

2017-18: S.7636 - Referred to Insurance

2015-2016: A.10322 (Kim), Referred to insurance

 
FISCAL IMPLICATIONS:

The State may be liable for any difference in premiums paid in the event
that adding acupuncture as an essential health benefit creates an addi-
tional cost to plans. Given its relative cost effectiveness compared to
other means of treatment, it could result in no cost/premium increases,
or a reduction.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law and shall apply to policies and contracts issued, renewed,
modified, altered or amended on or after such effective date.

2023-S6038 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6038
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced  by  Sens. PARKER, LIU -- read twice and ordered printed, and
   when printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance  law,  in  relation  to  mandatory  health
   insurance coverage for acupuncture services
 
   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 39 to read as follows:
   (39)  EVERY  POLICY  ISSUED  WITHIN THE HEALTH BENEFIT EXCHANGE ESTAB-
 LISHED PURSUANT TO SECTION 1311 OF THE AFFORDABLE CARE ACT, 42 U.S.C.  §
 18031,  SHALL  PROVIDE  COVERAGE FOR ACUPUNCTURE TREATMENT AS DEFINED IN
 SECTION EIGHT THOUSAND TWO HUNDRED ELEVEN OF THE EDUCATION LAW  PROVIDED
 BY  AN INDIVIDUAL LICENSED, AUTHORIZED, OR CERTIFIED PURSUANT TO ARTICLE
 ONE HUNDRED SIXTY OF THE EDUCATION LAW. HOWEVER,  ACUPUNCTURE  TREATMENT
 AND  SERVICES  MAY  BE  SUBJECT TO REASONABLE DEDUCTIBLE, CO-PAYMENT AND
 CO-INSURANCE AMOUNT, REASONABLE FEE OR BENEFIT  LIMITS,  AND  REASONABLE
 UTILIZATION  REVIEW,  PROVIDED  THAT  ANY SUCH AMOUNTS, LIMITS OR REVIEW
 SHALL BE NO GREATER THAN OTHER ESSENTIAL HEALTH BENEFITS COVERED BY  THE
 POLICY  AND  PROVIDED  FURTHER  THAT ANY SUCH AMOUNTS, LIMITS, OR REVIEW
 SHALL NOT FUNCTION  TO  DIRECT  TREATMENT  IN  A  MANNER  DISCRIMINATIVE
 AGAINST  ACUPUNCTURE  TREATMENT.  NOTHING  HEREIN  SHALL BE CONSTRUED AS
 IMPENDING OR PREVENTING EITHER THE PROVISION OR COVERAGE OF  ACUPUNCTURE
 TREATMENT  AND  SERVICES  BY  DULY  LICENSED OR CERTIFIED ACUPUNCTURIST,
 WITHIN THE LAWFUL SCOPE OF THE  PRACTICE  OF  ACUPUNCTURE,  IN  HOSPITAL
 FACILITIES ON A STAFF OR EMPLOYEE BASIS.
   §  2.  Section  4303  of  the insurance law is amended by adding a new
 subsection (vv) to read as follows:
   (VV) EVERY POLICY ISSUED WITHIN THE  HEALTH  BENEFIT  EXCHANGE  ESTAB-
 LISHED  PURSUANT TO SECTION 1311 OF THE AFFORDABLE CARE ACT, 42 U.S.C. §
 18031, SHALL PROVIDE COVERAGE FOR ACUPUNCTURE TREATMENT  AS  DEFINED  IN
 SECTION  EIGHT THOUSAND TWO HUNDRED ELEVEN OF THE EDUCATION LAW PROVIDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03036-02-3

 S. 6038                             2
 
 BY AN INDIVIDUAL LICENSED, AUTHORIZED, OR CERTIFIED PURSUANT TO  ARTICLE
 ONE  HUNDRED  SIXTY OF THE EDUCATION LAW. HOWEVER, ACUPUNCTURE TREATMENT
 AND SERVICES MAY BE SUBJECT TO  REASONABLE  DEDUCTIBLE,  CO-PAYMENT  AND
 CO-INSURANCE  AMOUNT,  REASONABLE  FEE OR BENEFIT LIMITS, AND REASONABLE
 UTILIZATION REVIEW, PROVIDED THAT ANY SUCH  AMOUNTS,  LIMITS  OR  REVIEW
 SHALL  BE NO GREATER THAN OTHER ESSENTIAL HEALTH BENEFITS COVERED BY THE
 POLICY AND PROVIDED FURTHER THAT ANY SUCH  AMOUNTS,  LIMITS,  OR  REVIEW
 SHALL  NOT  FUNCTION  TO  DIRECT  TREATMENT  IN  A MANNER DISCRIMINATIVE
 AGAINST ACUPUNCTURE TREATMENT. NOTHING  HEREIN  SHALL  BE  CONSTRUED  AS
 IMPEDING  OR  PREVENTING EITHER THE PROVISION OR COVERAGE OF ACUPUNCTURE
 TREATMENT AND SERVICES BY DULY  LICENSED  OR  CERTIFIED  ACUPUNCTURISTS,
 WITHIN  THE  LAWFUL  SCOPE  OF  THE PRACTICE OF ACUPUNCTURE, IN HOSPITAL
 FACILITIES ON A STAFF OR EMPLOYEES BASIS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  and  shall apply to policies and contracts issued,
 renewed, modified, altered or amended on or after such effective date.

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Senate Bill S6038

Sponsored By

Current Bill Status - In Senate Committee Insurance Committee

co-Sponsors

2023-S6038 (ACTIVE) - Details

2023-S6038 (ACTIVE) - Summary

2023-S6038 (ACTIVE) - Sponsor Memo

2023-S6038 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6038

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Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Insurance Committee

co-Sponsors

John C. Liu

Monica R. Martinez

Jessica Scarcella-Spanton

2023-S6038 (ACTIVE) - Details

2023-S6038 (ACTIVE) - Summary

2023-S6038 (ACTIVE) - Sponsor Memo

2023-S6038 (ACTIVE) - Bill Text download pdf

Comments