senate Bill S3478A

Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens; establishes educational measures

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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

  • 04 / Feb / 2013
    • REFERRED TO INSURANCE
  • 21 / Mar / 2013
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 22 / Apr / 2013
    • REPORTED AND COMMITTED TO HEALTH
  • 07 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 07 / Jun / 2013
    • PRINT NUMBER 3478A
  • 08 / Jan / 2014
    • REFERRED TO INSURANCE

Summary

Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens; provides for taxpayer gifts for tick borne illness research, detection and education; establishes the tick borne illness research, detection and education fund.

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Bill Details

See Assembly Version of this Bill:
A5174A
Versions:
S3478
S3478A
Legislative Cycle:
2013-2014
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L; add §§209-I & 630-d, Tax L; add §97-cc, St Fin L

Sponsor Memo

BILL NUMBER:S3478A

TITLE OF BILL: An act to amend the insurance law, in relation to
coverage of long term medical care for Lyme disease and other tick
borne related pathogens; and to amend the tax law and the state
finance law, in relation to providing for taxpayer gifts for tick
borne illness research, detection and education and establishing the
tick borne illness research, detection and education fund

PURPOSE OR GENERAL IDEA OF BILL: To require health insurers to provide
coverage for long term medical care for Lyme disease and other tick
borne related pathogens.

To increase public awareness and community outreach for prevention of
tick bites and treatment of tick borne illness symptoms. To provide
funding and encourage charitable donations for research and efforts to
raise public awareness of tick borne illness.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 titles the bill the "Tick borne illness treatment and
education act of 2013 (The TickBITE Act)."

Section 2 adds Lyme disease to those ailments covered by insurance law
by amending subsection (i) of section 3216 of the insurance law by
adding a new paragraph 30

Section 3 amends subsection (1) of section 3221 of the insurance law
by adding a new paragraph 19.

Section 4 amends section 4303 of the insurance law by adding a new
subsection (ll).

Section 5 amends the tax law by adding new section 209-I to allow for
taxpayer gifts for tick borne illness, research and education.

Section 6 amends the tax law by adding new section 630-d.

Section 7 amends the state finance law by adding new section 97-cc to
establish the "tick borne illness research, detection and education
fund."

Section 8 sets the effective date

JUSTIFICATION: Insurance law currently fails to cover tick borne
illness, The spread of Lyme Disease in the Hudson Valley and other
parts of New York State has been growing steadily in the past few
years: The disease is spread by a tick which is encountered in the
brush. The cost of treatment for this debilitating disease is
expensive.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: Compensation for those infected with tick borne
illnesses.


EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become law provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rules or regulations necessary for the implementation of the foregoing
sections of this act on its effective date is authorized and directed
to be made and completed on or before such date.

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

                                 3478--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sens. GIPSON, CARLUCCI, DILAN, LATIMER, SAMPSON, TKACZYK
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Insurance -- reported favorably from  said  committee
  and committed to the Committee on Health -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the insurance law, in relation to coverage of long  term
  medical  care for Lyme disease and other tick borne related pathogens;
  and to amend the tax law and the state finance  law,  in  relation  to
  providing   for  taxpayer  gifts  for  tick  borne  illness  research,
  detection and  education  and  establishing  the  tick  borne  illness
  research, detection and education fund

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

  Section 1. This act shall be known and may be cited as the "tick borne
illness treatment and education act of 2013".
  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 INSURER ISSUING A POLICY OF ACCIDENT AND  HEALTH  INSURANCE
FOR  DELIVERY  IN  THIS  STATE  SHALL PROVIDE COVERAGE FOR ALL COSTS FOR
TREATMENT OF LYME  DISEASE  (LYME  BORRELIOSIS)  AND  OTHER  TICK  BORNE
RELATED  PATHOGENS.    SUCH TREATMENT MAY INCLUDE INTRAVENOUS ANTIBIOTIC
THERAPY, ORAL ANTIBIOTIC THERAPY, OR ANY OTHER TREATMENT, OR ANY  COMBI-
NATION OF TREATMENTS, PROVIDED SUCH TREATMENT IS RECOMMENDED BY A PHYSI-
CIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
  S 3. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:
  (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 ALL COSTS  FOR  TREATMENT  OF  LYME  DISEASE  (LYME
BORRELIOSIS) AND OTHER TICK BORNE RELATED PATHOGENS.  SUCH TREATMENT MAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08366-07-3

S. 3478--A                          2

INCLUDE  INTRAVENOUS ANTIBIOTIC THERAPY, ORAL ANTIBIOTIC THERAPY, OR ANY
OTHER TREATMENT, OR ANY COMBINATION OF TREATMENTS, PROVIDED SUCH  TREAT-
MENT  IS RECOMMENDED BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE
STATE OF NEW YORK.
  S  4.  Section  4303  of  the insurance law is amended by adding a new
subsection (oo) to read as follows:
  (OO) EVERY MEDICAL EXPENSE  INDEMNITY  CORPORATION,  HOSPITAL  SERVICE
CORPORATION  AND  HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
MEDICAL, SURGICAL OR MAJOR MEDICAL CARE SHALL PROVIDE COVERAGE  FOR  ALL
COSTS  FOR  TREATMENT  OF LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK
BORNE RELATED PATHOGENS.  SUCH TREATMENT MAY INCLUDE INTRAVENOUS ANTIBI-
OTIC THERAPY, ORAL ANTIBIOTIC THERAPY, OR ANY OTHER  TREATMENT,  OR  ANY
COMBINATION  OF  TREATMENTS, PROVIDED SUCH TREATMENT IS RECOMMENDED BY A
PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
  S 5. The tax law is amended by adding a new section 209-I to  read  as
follows:
  S  209-I.  GIFT  FOR TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCA-
TION.  A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT  TO  CONTRIBUTE  TO  THE
SUPPORT  OF  THE  TICK  BORNE  ILLNESS RESEARCH, DETECTION AND EDUCATION
FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR  AMOUNT  AND  SHALL
NOT  REDUCE  THE  AMOUNT  OF  THE  STATE  TAX OWED BY SUCH TAXPAYER. THE
COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME TAX  RETURN  TO
ENABLE  A  TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION  SHALL
BE  CREDITED TO THE TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION
FUND AND SHALL BE USED ONLY FOR THOSE  PURPOSES  ENUMERATED  IN  SECTION
NINETY-SEVEN-CC OF THE STATE FINANCE LAW.
  S  6.  The tax law is amended by adding a new section 630-d to read as
follows:
  S 630-D. GIFT FOR TICK BORNE ILLNESS RESEARCH,  DETECTION  AND  EDUCA-
TION.   AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. SUCH CONTRIB-
UTION SHALL BE IN ANY WHOLE DOLLAR  AMOUNT  AND  SHALL  NOT  REDUCE  THE
AMOUNT  OF  STATE  TAX  OWED  BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL
INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER  TO
MAKE  SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL
REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL  BE  CREDITED  TO  THE
TICK  BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND AND USED ONLY
FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-CC  OF  THE  STATE
FINANCE LAW.
  S 7. The state finance law is amended by adding a new section 97-cc to
read as follows:
  S 97-CC. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. 1.
THERE  IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF
TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN  AS
THE "TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO  THE  PROVISIONS  OF  SECTIONS  TWO
HUNDRED  NINE-I  AND  SIX  HUNDRED THIRTY-D OF THE TAX LAW AND ALL OTHER
MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED  THERETO  FROM  ANY  OTHER
FUND  OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL
PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR  THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.

S. 3478--A                          3

  3.  MONIES  OF  THE FUND SHALL BE EXPENDED ONLY FOR TICK BORNE ILLNESS
RESEARCH,  DETECTION  AND  EDUCATION  PROJECTS   PURSUANT   TO   SECTION
TWENTY-SEVEN HUNDRED NINETY-EIGHT OF THE PUBLIC HEALTH LAW.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
OF HEALTH.
  5.  TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO  THE
END OF THAT FISCAL YEAR.
  S 8. This act shall take effect on the one hundred twentieth day after
it  shall have become a law provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary  for  the implementation of this act on its effective date are
authorized to be made on or before such effective date.

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