senate Bill S3132

Requires coverage under medicaid and health insurance plans for treatment for smoking cessation

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Sponsor

Bill Status


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

  • 30 / Jan / 2013
    • REFERRED TO INSURANCE
  • 08 / Jan / 2014
    • REFERRED TO INSURANCE

Summary

Requires that medicaid and health insurance plans provide coverage for costs of prescription smoking cessation treatment that is ordered by a physician; establishes a coverage limit of $400 for each covered individual.

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Bill Details

See Assembly Version of this Bill:
A3778
Versions:
S3132
Legislative Cycle:
2013-2014
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยงยง4303, 3216 & 3221, Ins L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1792A, A2620A
2009-2010: A693, A693
2007-2008: A2321, A2321

Sponsor Memo

BILL NUMBER:S3132

TITLE OF BILL: An act to amend the insurance law, in relation to
coverage for treatment of smoking cessation

PURPOSE: To extend health insurance coverage to individuals for whom
a physician prescribes or orders smoking cessation treatment.

SUMMARY OF PROVISIONS:

Section 1 amends Section 4303 of the Insurance Law by adding a new
subsection (1-1) requiring hospital or health service corporations to
provide up to $400 worth of coverage for smoking cessation treatment
ordered by a physician.

Section 2 amends subsection (i) of Section 3216 of the Insurance Law
by adding a new paragraph (30) which requires insurance policies to
provide up to $400 of coverage for smoking cessation treatment
recommended or prescribed by a physician.

Section 3 amends subsection (1) of Section 3221 of the Insurance Law
by adding a new paragraph 19 requiring every group or blanket policy
in New York State providing hospital, surgical or medical coverage to
include up to $400 of coverage for smoking cessation treatment
recommended or prescribed by a physician.

JUSTIFICATION: Tobacco addiction is one of the costliest and most
easily avoidable public health problems, requiring Americans and their
families to spend millions of dollars every year for the illnesses
that are caused by smoking. There are smoking cessation programs that
currently are available, however, these highly effective programs are
not always covered by either state or private health insurers.
Smoking cessation programs are relatively inexpensive when compared to
the costly treatments required for victims of smoking-related
illnesses. This legislation is necessary for smokers who wish to quit
but cannot afford to pay all the expenses of such programs on their
own. In addition, smoking cessation programs should be made more
accessible to those who wish to quit smoking, particularly in light of
the recent tax increases on cigarettes in New York State. As the price
of cigarettes continues to rise, more people will want to stop
smoking. Including insurance coverage for smoking cessation programs
will make the goal of quitting smoking easier, increase public health
and reduce the high expense of treating smoking related illnesses
later in life.

FISCAL IMPLICATIONS: To be determined. It is expected that the costs
of providing coverage required by this bill to be more than offset by
the savings to families and state insurance programs in hospital and
medical costs.

EFFECTIVE DATE: This act shall take effect on the 180th day after it
shall become a law and shall apply to all policies and contracts
issued, renewed, modified or amended after such date.


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

                                  3132

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- 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 coverage for treatment
  of smoking cessation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  4303 of the insurance law is amended by adding a
new subsection (l-1) to read as follows:
  (L-1) A HOSPITAL SERVICE CORPORATION OR A HEALTH  SERVICE  CORPORATION
WHICH  PROVIDES  GROUP,  GROUP REMITTANCE OR SCHOOL BLANKET COVERAGE FOR
INPATIENT HOSPITAL CARE SHALL PROVIDE COVERAGE FOR COSTS OF PRESCRIPTION
SMOKING CESSATION TREATMENT THAT IS ORDERED BY A PHYSICIAN. SUCH  TREAT-
MENT  MAY  BE  LIMITED TO FOUR HUNDRED DOLLARS PER YEAR FOR EACH COVERED
INDIVIDUAL. THIS PROVISION SHALL NOT APPLY TO A CONTRACT ISSUED PURSUANT
TO SECTION FOUR THOUSAND THREE HUNDRED FIVE OF THIS ARTICLE WHICH COVERS
PERSONS EMPLOYED IN MORE THAN ONE STATE  OR  THE  BENEFIT  STRUCTURE  OF
WHICH WAS THE SUBJECT OF COLLECTIVE BARGAINING AFFECTING PERSONS WHO ARE
EMPLOYED  IN MORE THAN ONE STATE. SUCH COVERAGE MAY BE SUBJECT TO ANNUAL
DEDUCTIBLES AND CO-INSURANCE AS MAY BE DEEMED APPROPRIATE BY THE  SUPER-
INTENDENT AND ARE CONSISTENT WITH THOSE IMPOSED ON OTHER BENEFITS WITHIN
A  GIVEN  POLICY. SUCH COVERAGE SHALL NOT REPLACE, RESTRICT OR ELIMINATE
EXISTING COVERAGE PROVIDED BY THE POLICY.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 30 to read as follows:
  (30) EVERY POLICY SHALL PROVIDE COVERAGE  FOR  COSTS  OF  PRESCRIPTION
SMOKING  CESSATION TREATMENT THAT IS ORDERED BY A PHYSICIAN. SUCH COVER-
AGE MAY BE LIMITED TO FOUR HUNDRED DOLLARS PER  YEAR  FOR  EACH  COVERED
INDIVIDUAL.
  S 3. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01001-01-3

S. 3132                             2

  (19) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS  STATE  WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
PROVIDE COVERAGE FOR COSTS OF PRESCRIPTION SMOKING  CESSATION  TREATMENT
THAT  IS  ORDERED  BY  A PHYSICIAN. SUCH COVERAGE MAY BE LIMITED TO FOUR
HUNDRED DOLLARS FOR EACH COVERED INDIVIDUAL.
  S 4. This act shall take effect on the one hundred eightieth 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;
except 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.

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