senate Bill S7934

Provides for drug screening for certain children and provides for insurance coverage for such screening

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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

  • 11 / Aug / 2014
    • REFERRED TO RULES

Summary

Provides for mandatory drug screening for certain children; provides for insurance coverage for such screening.

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Bill Details

Versions:
S7934
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §2507, Pub Health L; amd §§3216, 3221 & 4303, Ins L

Sponsor Memo

BILL NUMBER:S7934

TITLE OF BILL:

An act to amend the public health law, in relation to providing drug
screening for certain children; and to amend the insurance law, in
relation to providing coverage for such drug screening

PURPOSE:

To ensure that children between the ages of 12 and 18 can be screened
annually for illegal drugs as part of their annual physical
examination by a licensed health care professional.

SUMMARY OF PROVISIONS:

Section 1 amends the Public Health Law by adding a new Section 2507,
allowing for drug screening as part of an annual physical provided by
a health care professional to a child between the ages of 12 and 18,
with the drugs screened for to be determined by the Commissioner of
Health. It further provides that a positive screen, absent any other
proof of neglect or abuse does not meet the criteria of a reportable
incident under article six of the social services law.

Section 2 adds a new paragraph 32 to subsection (i) of Section 3216 of
the Insurance Law, mandating health insurance coverage for pediatric
drug screens within health plans and policies, with no deductible,
coinsurance or copayments. It further provides for non-disclosure of
screening results for purposes of payment from an insurer to a
provider, and specifically provides for consent for release.

Section 3 adds a new subsection (t) to Section 3221 of the Insurance
Law, requiring coverage for pediatric drug screening in all group
health insurance plans, with no deductible, coinsurance or copayments.
It further provides for non-disclosure of screening results for
purposes of payment from an insurer to a provider, and specifically
provides for consent for release.

Section 4 amends Section 4303 of the Insurance law, by adding a new
subsection (oo), requiring every non-profit health or hospital
services corporation to provide coverage for pediatric drug
screenings, with no deductible, coinsurance or copayments. It further
provides for non-disclosure of screening results for purposes of
payment from an insurer to a provider, and specifically provides for
consent for release.

Section 5 Makes the act effective on the ninetieth day after it
becomes law and the provisions of sections two, three and four shall
apply to all policies issued, modified or renewed after that date.

JUSTIFICATION:

According to a University of Michigan Study (Monitoring the Future
-2013), by the twelfth grade almost half of all adolescents have
abused an illicit drug at least one time.


As reported on MedicalNet.com, a study conducted by Dr. Roxanne
Dryden-Edwards found that in 2013, the proportions of students
indicating any use of an illicit drug in the prior 12 months were 15
percent, 32 percent, and 40 percent in grades 8, 10 and 12,
respectively-higher than the previous year by 1.5, 1.6 and 0.6
percentage points for the same grades (only the change at 8th grade is
statistically significant). For the three grades combined, the rate
was up by 1.3 percentage points, also a statistically significant
increase.

The percentages indicating any use in their lifetime were 20 percent,
39 percent and 50 percent for grades 8, 10 and 12. In other words,
half of America's high school seniors have tried an illicit drug by
the time they graduate and four in 10 have used it in just the past
year.

This indicates adolescent drug abuse has reached an alarming rate, and
must be addressed and treated.

This legislation will help ensure that children, as part of their
annual health care routine, are screened for drug abuse by a qualified
health care provider, The legislation also requires health insurers to
reimburse for the cost of the drug screen, protects the
confidentiality of the drug screens, and protects parents from
mandatory reporter laws when there is no other indication of neglect
or abuse beyond the positive screen.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None anticipated in the current fiscal year.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it becomes law
and the provisions of sections two, three and four shall apply to all
policies issued, modified or renewed after that date.

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

                                  7934

                            I N  S E N A T E

                             August 11, 2014
                               ___________

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

AN ACT to amend the public health law, in  relation  to  providing  drug
  screening  for  certain  children;  and to amend the insurance law, in
  relation to providing coverage for such drug screening

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

  Section  1.  The  public health law is amended by adding a new section
2507 to read as follows:
  S 2507. DRUG SCREENING FOR CERTAIN CHILDREN.   1. EVERY  CHILD  TWELVE
YEARS OF AGE OR OLDER BUT YOUNGER THAN NINETEEN YEARS OF AGE MAY AS PART
OF HIS OR HER ANNUAL PHYSICAL PROVIDED BY A HEALTH CARE PROFESSIONAL, BE
SCREENED  FOR  THE  USE OF DRUGS. DRUGS THAT SHALL BE SCREENED FOR UNDER
THIS SECTION SHALL BE DETERMINED BY THE COMMISSIONER.  FOR  PURPOSES  OF
THIS  SECTION  THE  TERM  "HEALTH CARE PROFESSIONAL" SHALL MEAN A HEALTH
CARE PROFESSIONAL APPROPRIATELY LICENSED, REGISTERED OR CERTIFIED PURSU-
ANT TO TITLE EIGHT OF THE EDUCATION LAW.
  2. A POSITIVE RESULT TO ANY TEST RECEIVED  UNDER  SUBDIVISION  ONE  OF
THIS  SECTION  SHALL  NOT  BE  REQUIRED  TO BE REPORTED BY A HEALTH CARE
PROFESSIONAL PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES
LAW IN THE ABSENCE OF EVIDENCE THAT SUCH CHILD HAS  OTHERWISE  BEEN  THE
SUBJECT OF NEGLECT OR ABUSE.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 32 to read as follows:
  (32)(A)  EVERY  HEALTH  INSURANCE  POLICY  ISSUED OR DELIVERED IN THIS
STATE SHALL PROVIDE  COVERAGE  FOR  DRUG  SCREENING  AS  ESTABLISHED  BY
SECTION TWENTY-FIVE HUNDRED SEVEN OF THE PUBLIC HEALTH LAW.
  (B)  COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL NOT BE SUBJECT
TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
  (C) ANY REIMBURSEMENT MADE PURSUANT TO THIS PARAGRAPH TO A HEALTH CARE
PROVIDER SHALL BE MADE WITHOUT DISCLOSURE TO ANY PARTY OF THE RESULTS OF
SUCH DRUG SCREENING. DISCLOSURE OF THE RESULTS MAY ONLY BE MADE WITH THE
WRITTEN CONSENT OF THE PARENT OF SUCH CHILD, OR IF SUCH CHILD IS SIXTEEN
YEARS OF AGE OR OLDER, WITH THE CONSENT OF SUCH CHILD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15669-03-4

S. 7934                             2

  S 3. Section 3221 of the insurance law is  amended  by  adding  a  new
subsection (t) to read as follows:
  (T)(1) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS STATE
SHALL  PROVIDE  COVERAGE  FOR  DRUG  SCREENING AS ESTABLISHED BY SECTION
TWENTY-FIVE HUNDRED SEVEN OF THE PUBLIC HEALTH LAW.
  (2) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
  (3) ANY REIMBURSEMENT MADE PURSUANT TO THIS  SUBSECTION  TO  A  HEALTH
CARE  PROVIDER  SHALL  BE  MADE  WITHOUT  DISCLOSURE TO ANY PARTY OF THE
RESULTS OF SUCH DRUG SCREENING. DISCLOSURE OF THE RESULTS  MAY  ONLY  BE
MADE  WITH  THE  WRITTEN CONSENT OF THE PARENT OF SUCH CHILD, OR IF SUCH
CHILD IS SIXTEEN YEARS OF AGE OR OLDER, WITH THE CONSENT OF SUCH CHILD.
  S 4. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (oo) to read as follows:
  (OO)(1)  EVERY  HEALTH  INSURANCE  POLICY  ISSUED OR DELIVERED IN THIS
STATE SHALL PROVIDE  COVERAGE  FOR  DRUG  SCREENING  AS  ESTABLISHED  BY
SECTION TWENTY-FIVE HUNDRED SEVEN OF THE PUBLIC HEALTH LAW.
  (2) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
  (3)  ANY  REIMBURSEMENT  MADE  PURSUANT TO THIS SUBSECTION TO A HEALTH
CARE PROVIDER SHALL BE MADE WITHOUT  DISCLOSURE  TO  ANY  PARTY  OF  THE
RESULTS  OF  SUCH  DRUG SCREENING. DISCLOSURE OF THE RESULTS MAY ONLY BE
MADE WITH THE WRITTEN CONSENT OF THE PARENT OF SUCH CHILD,  OR  IF  SUCH
CHILD IS SIXTEEN YEARS OF AGE OR OLDER, WITH THE CONSENT OF SUCH CHILD.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law and the provisions of sections two, three and four  of
this  act  shall apply to all policies issued, modified or renewed on or
after such date.

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