S T A T E   O F   N E W   Y O R K
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                                  1134

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Insurance

AN  ACT  to  amend  the  insurance law, in relation to reimbursement for
  testing for familial dysautonomia, Canavan's disease and Tay-Sachs

  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 26 to read as follows:
  (26) (A) EVERY POLICY WHICH PROVIDES COVERAGE FOR  HOSPITAL,  SURGICAL
OR  MEDICAL  CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY TESTS OR
REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE  COVERAGE  FOR
TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.
  (B)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
  (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
TORY PERFORMING THE TEST FOR FAMILIAL  DYSAUTONOMIA,  CANAVAN'S  DISEASE
AND  TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE OF
SUCH TESTING.
  (D) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
POLICY.
  S 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18) (A) A GROUP POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
OR  MEDICAL  CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY TESTS OR
REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE  COVERAGE  FOR
TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02760-01-9

A. 1134                             2

  (B)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
  (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
TORY  PERFORMING  THE  TEST FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE
AND TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE  OF
SUCH TESTING.
  (D)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
POLICY.
  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (ff) to read as follows:
  (FF)  (1)  A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE  FOR
HOSPITAL, SURGICAL OR MEDICAL CARE OR PROVIDES REIMBURSEMENT FOR LABORA-
TORY  TESTS OR REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE
COVERAGE FOR TESTING FOR FAMILIAL DYSAUTONOMIA,  CANAVAN'S  DISEASE  AND
TAY-SACHS.
  (2)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
  (3) FOR PURPOSES OF THIS SUBSECTION, IN ORDER TO MAINTAIN  THE  CONFI-
DENTIALITY  OF  PERSONS  TESTED,  RECEIPT  OF AN ACKNOWLEDGMENT FROM THE
LABORATORY PERFORMING THE  TEST  FOR  FAMILIAL  DYSAUTONOMIA,  CANAVAN'S
DISEASE  AND  TAY-SACHS  SHALL  BE  DEEMED  SUFFICIENT  EVIDENCE  OF THE
PERFORMANCE OF SUCH TESTING.
  (4) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
POLICY.
  S 4. This act shall take effect immediately.