senate Bill S3737

Amended

Prohibits limitations in health insurance contracts or policies with respect to massage therapy performed by a licensed massage therapist

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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

  • 13 / Feb / 2013
    • REFERRED TO INSURANCE
  • 08 / Jan / 2014
    • REFERRED TO INSURANCE
  • 31 / Jan / 2014
    • AMEND AND RECOMMIT TO INSURANCE
  • 31 / Jan / 2014
    • PRINT NUMBER 3737A

Summary

Prohibits limitations in health insurance contracts or policies with respect to coverage of massage therapy performed by a licensed massage therapist.

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Bill Details

Versions:
S3737
S3737A
Legislative Cycle:
2013-2014
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยงยง3216, 3221 & 4303, Ins L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5869A
2009-2010: S2356

Sponsor Memo

BILL NUMBER:S3737

TITLE OF BILL: An act to amend the insurance law, in relation to
prohibiting certain limitations or exclusions regarding massage therapy

PURPOSE: The purpose of this bill is to provide for the coverage of
massage therapy services in health insurance policies.

SUMMARY OF PROVISIONS:

Section 1. Amends Section 3216 of the Insurance Law to require individ-
ual policies for hospital, surgical or medical care to include massage
therapy provided by a licensed massage therapist within the lawful scope
of practice.

Section 2 amends Subsection (k) of section 3221 of the Insurance Law to
require group health insurance policies that provide reimbursement for
hospital, surgical or medical care to include coverage for massage ther-
apy services provided by a licensed massage therapist.

Section 3 amends Section 4303 of the Insurance Law to provide coverage
for massage therapy services performed by a licensed massage therapist
under health service or medical indemnity corporation contracts.

Section 4 is effective date of bill.

JUSTIFICATION: Presently, various health professionals such as Chiro-
practors, Acupuncturists, Registered Nurses and Physical Therapists are
able to perform therapeutic massage when prescribed by a physician, even
though their training in most cases does not exceed ten to fifteen hours
in this particular field. By the time massage school graduates sit for
their state exam, they have already completed between 672 and 1,000
hours of intensive training.

It appears to be in the best interest of the health care consumer, as
well as that of the physician who prescribes specific massage treatment
plans, to have such treatments performed by the licensed health profes-
sional who currently has the highest degree of training and expertise,
namely the licensed massage therapist.

As of this date the profession of massage is the only licensed health
profession in New York which is not listed with the New York Insurance
Law. This legislation would add massage therapy as a regular component
of health care policies in the state. It provides a greater range of
options for the public and promotes the practice of massage therapy
services in New York.

LEGISLATIVE HISTORY:

2011: S. 5869A - Referred to Rules.

2012: S.5869A - Referred to Insurance.

FISCAL IMPLICATION TO NEW YORK STATE: To be determined.

EFFECTIVE DATE: Shall take effect 90 days after it becomes law and will
include policies and contracts issued, renewed, modified, altered or
amended on or after that date.

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

                                  3737

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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  prohibiting  certain
  limitations or exclusions regarding massage therapy

  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 30 to read as follows:
  (30) NO POLICY WHICH PROVIDES COVERAGE FOR MEDICAL CARE SHALL LIMIT OR
EXCLUDE COVERAGE OF CARE IN CONNECTION WITH MASSAGE THERAPY PERFORMED BY
A MASSAGE THERAPIST LICENSED PURSUANT TO THE EDUCATION LAW.
  S 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:
  (19)  NO GROUP POLICY ISSUED OR DELIVERED IN THIS STATE WHICH PROVIDES
COVERAGE FOR MEDICAL CARE SHALL LIMIT OR EXCLUDE  COVERAGE  OF  CARE  IN
CONNECTION  WITH  MASSAGE  THERAPY  PERFORMED  BY  A  MASSAGE  THERAPIST
LICENSED PURSUANT TO THE EDUCATION LAW.
  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (jj) to read as follows:
  (JJ)  NO  CONTRACT ISSUED BY A HEALTH SERVICE CORPORATION OR A MEDICAL
EXPENSE INDEMNITY CORPORATION WHICH PROVIDES COVERAGE FOR  MEDICAL  CARE
SHALL LIMIT OR EXCLUDE COVERAGE OF CARE IN CONNECTION WITH MASSAGE THER-
APY  PERFORMED BY A MASSAGE THERAPIST LICENSED PURSUANT TO THE EDUCATION
LAW.
  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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08287-01-3

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