senate Bill S5850

Amended

Provides that insurance policies that cover annual physicals and well care visits shall allow one visit per calendar year

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 23 / Jun / 2011
    • REFERRED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO INSURANCE
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO INSURANCE
  • 05 / Jan / 2012
    • PRINT NUMBER 5850A
  • 21 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 12 / Jun / 2012
    • REPORTED AND COMMITTED TO RULES
  • 12 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1168
  • 12 / Jun / 2012
    • SUBSTITUTED BY A397A

Summary

Provides that insurance policies that cover annual physicals and well care visits shall allow one visit per calendar year.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A397
Versions:
S5850
S5850A
Legislative Cycle:
2011-2012
Law Section:
Insurance Law
Laws Affected:
Amd ยงยง3216, 3221 & 4303, Ins L
Versions Introduced in 2009-2010 Legislative Cycle:
S3616A, A10231

Sponsor Memo

BILL NUMBER:S5850

TITLE OF BILL:
An act
to amend the insurance law, in relation to annual physicals and well
care visits

PURPOSE:
This legislation would provide that insurance policies that
cover annual physicals and well care visits shall allow one visit per
calendar year.

SUMMARY OF PROVISIONS:
Sections 3216, 3221 and 4303 of the New York
State Insurance Law are amended to add new paragraphs to provide that
insurance policies that cover annual physicals and well care visits
shall allow one visit per calendar year regardless if 365 days has
passed since the previous physical or well care visit.

JUSTIFICATION:
Most health care insurers in New York State allow one
well-care visit or physical per year. To the insurance company that
means one such visit every 365 day period.
While on the surface this seems appropriate, it actually presents a
unfair deterrent to care.

If an individual has a physical on August 28, 2009, that individual
must wait until at least that date next year for their next covered
physical or wellness visit. This creates a problem. For example, if a
student needs a school required physical before the 365 day period
has expired, that student may be delayed in participating in certain
school activities or functions.

This legislation makes a simple change to one visit per calendar year
instead of a 365 day period.

LEGISLATIVE HISTORY:
S.3616-A of 2009/10

FISCAL IMPLICATIONS:
None.

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 date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5850

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 23, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the insurance law, in relation to annual  physicals  and
  well care visits

  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 28 to read as follows:
  (28)  EVERY INDIVIDUAL POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL OR
SIMILAR COMPREHENSIVE-TYPE COVERAGE THAT INCLUDES COVERAGE FOR  A  PHYS-
ICAL  OR  WELL  CARE  VISIT  ONCE IN EVERY THREE HUNDRED SIXTY-FIVE DAYS
SHALL BE INTERPRETED TO MEAN THAT SUCH PHYSICAL OR WELL CARE  VISIT  CAN
BE  HAD  ONCE EVERY CALENDAR YEAR, REGARDLESS OF WHETHER OR NOT A PERIOD
OF THREE HUNDRED SIXTY-FIVE DAYS HAS PASSED SINCE THE PREVIOUS  PHYSICAL
OR WELL CARE VISIT.
  S 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 17 to read as follows:
  (17)  EVERY  GROUP  OR  BLANKET  POLICY  WHICH PROVIDES MEDICAL, MAJOR
MEDICAL OR SIMILAR COMPREHENSIVE-TYPE COVERAGE  THAT  INCLUDES  COVERAGE
FOR A PHYSICAL OR WELL CARE VISIT ONCE IN EVERY THREE HUNDRED SIXTY-FIVE
DAYS  SHALL BE INTERPRETED TO MEAN THAT SUCH PHYSICAL OR WELL CARE VISIT
CAN BE HAD ONCE EVERY CALENDAR YEAR, REGARDLESS  OF  WHETHER  OR  NOT  A
PERIOD  OF  THREE  HUNDRED SIXTY-FIVE DAYS HAS PASSED SINCE THE PREVIOUS
PHYSICAL OR WELL CARE VISIT.
  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (hh) to read as follows:
  (HH)  EVERY CONTRACT ISSUED BY A CORPORATION SUBJECT TO THE PROVISIONS
OF THIS ARTICLE WHICH PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR COMPRE-
HENSIVE-TYPE COVERAGE THAT INCLUDES COVERAGE FOR A PHYSICAL OR WELL CARE
VISIT ONCE IN EVERY THREE HUNDRED SIXTY-FIVE DAYS SHALL  BE  INTERPRETED
TO  MEAN  THAT  SUCH  PHYSICAL  OR WELL CARE VISIT CAN BE HAD ONCE EVERY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02189-01-1

S. 5850                             2

CALENDAR YEAR, REGARDLESS OF WHETHER OR NOT A PERIOD  OF  THREE  HUNDRED
SIXTY-FIVE  DAYS  HAS  PASSED  SINCE  THE PREVIOUS PHYSICAL OR WELL CARE
VISIT.
  S  4.  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 date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.