S T A T E O F N E W Y O R K
________________________________________________________________________
6398--A
2009-2010 Regular Sessions
I N A S S E M B L Y
March 3, 2009
___________
Introduced by M. of A. ORTIZ, JACOBS, GALEF, SCHROEDER -- Multi-Spon-
sored by -- M. of A. DESTITO, LIFTON, J. RIVERA, P. RIVERA, ROBINSON,
WEISENBERG -- read once and referred to the Committee on Insurance --
recommitted to the Committee on Insurance in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 27 to read as follows:
(27) 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09943-03-0
A. 6398--A 2
S 3. Section 4303 of the insurance law is amended by adding a new
subsection (gg) to read as follows:
(GG) EVERY CONTRACT ISSUED BY A 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 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.