senate Bill S93

Requires coverage of medical nutrition therapy by health and accident insurance policies

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Bill Status


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

  • 05 / Jan / 2011
    • REFERRED TO INSURANCE
  • 22 / Feb / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 23 / Mar / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN
  • 04 / Jan / 2012
    • REFERRED TO INSURANCE

Summary

Requires all accident and health insurance policies to provide coverage of medical nutrition therapy; defines medical nutrition therapy to mean the nutritional diagnostic, therapy, and counseling services for the purpose of disease management which are furnished by a dietician or nutrition professional.

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Bill Details

See Assembly Version of this Bill:
A213
Versions:
S93
Legislative Cycle:
2011-2012
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยงยง3216, 3221 & 4303, Ins L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S8039, A6398A
2007-2008: A3857

Sponsor Memo

BILL NUMBER:S93

TITLE OF BILL:
An act
to amend the insurance law, in relation to making coverage for
medical nutrition therapy applicable to insurance policies and
contracts

PURPOSE OR GENERAL IDEA OF BILL:
To specifically stipulate that
medical nutrition therapy will be covered under individual and group
health insurance policies.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends Section 3216 (i) of the Insurance Law by adding a new
paragraph 28. Requires each insurer issuing an accident or health
insurance policy in this state to provide coverage for medical
nutrition therapy.

Section 2 Amends Section 3221 (1) of the Insurance Law by adding a new
paragraph 18 which makes the same requirement for group accident and
health policies.

Section 3 Amends Section 4303 of the Insurance Law by adding a new
subsection (hh) which makes the same requirement for policies offered
by medical expense indemnity companies, hospital service corporations
and health service corporations. Defines Medical Nutrition Therapy as
nutritional diagnostic, therapy, and counseling service for the
purpose of disease management which are furnished by a dietitian or
nutrition professional certified pursuant to article one hundred
fifty seven of the education law.

Section 4 Effective Date

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Adds a new paragraph 28 to Section 3216 (i) of the Insurance Law.

Adds a new paragraph 18 to Section 3221 (1) of the Insurance Law.

Adds a new subsection (hh) to Section 4303 of the Insurance Law.

JUSTIFICATION:
According to the Surgeon General 8 of the 10 leading
causes of death can be influenced by diet, including diabetes, heart
disease, cancer, low birth weight and obesity. These problems cost
billions of dollars because of health care costs and lost productivity.

The number of deaths from obesity is now approaching those from tobacco.

Medical nutrition therapy (MNT) saves money by providing alternatives
to more costly therapies for nutrition related disease, by decreasing
length of hospital stay and by preventing the need for expensive
medications, surgery and hospitalizations. Medical nutrition therapy
plays a key role throughout the continuum of care in all practice
settings and phases of the life cycle, from prenatal care to care of
older Americans.


After nutrition screening identifies those at risk, appropriate
medical nutrition therapy leads to improved health outcomes resulting
in improved quality of life and cost savings.

Dietetic professionals are key members of the health care team and are
uniquely qualified to provide medical nutrition therapy. Current law
does not specifically stipulate that medical nutrition therapy be
covered under individual and group health insurance policies.
However, the federal Medicare program now covers MNT for certain
conditions.
This bill would require MNT to be covered under those insurance
policies.

PRIOR LEGISLATIVE HISTORY:;
2010: S.8039 - Referred to Insurance/A.6398A- Referred to Insurance
Referred to Insurance
2009: A.6398 - Referred to Insurance
2007-08: A.3857 - Referred to Insurance
2005-06 A.2124 - Referred to Insurance
2003-04: A.6620 - Referred to Insurance
2001-02: S.1531 - Referred to Insurance/A/1056 - Referred
to Insurance
1999-00: S.495 - Refereed to Insurance/A.730 - Referred
to Insurance
1988: S.5982 - Referred to Insurance/A.9640 - Referred to
Insurance/A.9640 Referred to Insurance

FISCAL IMPLICATIONS:;
None to State

EFFECTIVE DATE:;
This act shall take effect on the one hundred twentieth day after it
shall have become a law and shall apply to all policies and contracts
issued, renewed, modified, altered or amended on or after such date;
and provided further, that any rules and regulations necessary to
implement the provisions of this act are authorized and directed to
be promulgated, amended or repealed on or before such effective date.

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

                                   93

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  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  making  coverage  for
  medical   nutrition  therapy  applicable  to  insurance  policies  and
  contracts

  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 POLICY SHALL PROVIDE COVERAGE  FOR  ALL  COSTS  OF  MEDICAL
NUTRITION  THERAPY,  IF  RECOMMENDED  OR  PRESCRIBED BY A PHYSICIAN. FOR
PURPOSES OF THIS  PARAGRAPH,  "MEDICAL  NUTRITION  THERAPY"  SHALL  MEAN
NUTRITIONAL DIAGNOSTIC, THERAPY, AND COUNSELING SERVICES FOR THE PURPOSE
OF  DISEASE  MANAGEMENT  WHICH ARE FURNISHED BY A DIETITIAN OR NUTRITION
PROFESSIONAL CERTIFIED PURSUANT TO ARTICLE ONE  HUNDRED  FIFTY-SEVEN  OF
THE EDUCATION LAW.
  S 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18) 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 OF MEDICAL NUTRITION THERAPY,  IF  RECOM-
MENDED  OR  PRESCRIBED  BY  A PHYSICIAN. FOR PURPOSES OF THIS PARAGRAPH,
"MEDICAL NUTRITION  THERAPY" SHALL MEAN NUTRITIONAL DIAGNOSTIC, THERAPY,
AND COUNSELING SERVICES FOR THE PURPOSE OF DISEASE MANAGEMENT WHICH  ARE
FURNISHED BY A DIETITIAN OR NUTRITION PROFESSIONAL CERTIFIED PURSUANT TO
ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW.
  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 MEDICAL EXPENSE INDEMNITY CORPORATION,
HOSPITAL  SERVICE  CORPORATION  AND  HEALTH  SERVICE  CORPORATION  WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03335-01-1

S. 93                               2

PROVIDES  COVERAGE  FOR  MEDICAL,  SURGICAL  OR MAJOR MEDICAL CARE SHALL
PROVIDE COVERAGE FOR ALL COSTS OF MEDICAL NUTRITION THERAPY,  IF  RECOM-
MENDED  OR  PRESCRIBED  BY A PHYSICIAN. FOR PURPOSES OF THIS SUBSECTION,
"MEDICAL  NUTRITION THERAPY" SHALL MEAN NUTRITIONAL DIAGNOSTIC, THERAPY,
AND COUNSELING SERVICES FOR THE PURPOSE OF DISEASE MANAGEMENT WHICH  ARE
FURNISHED BY A DIETITIAN OR NUTRITION PROFESSIONAL CERTIFIED PURSUANT TO
ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to all policies and contracts
issued, renewed, modified, altered or amended on or after such date; and
provided  further, that any rules and regulations necessary to implement
the provisions of this act are authorized and directed to be  promulgat-
ed, amended or repealed on or before such effective date.

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