NY State Senate Bill 2009-S2356

Senate Bill S2356

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to insurance
Feb 18, 2009	referred to insurance

2009-S2356 (ACTIVE) - Details

See Assembly Version of this Bill:: A1645
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5869
2013-2014: S3737

2009-S2356 (ACTIVE) - Summary

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

2009-S2356 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2356

 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
individual 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
therapy 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.

 JUSTIFICATION :

Presently, various health professionals such as Chiropractors,
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 professional 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 :
2001-02: S.1252/A.223
2003-04: S.862/A.1482
2005-06: S.2088 Referred to Insurance
2007-08: S.2749/A.8562 Referred to Insurance

 FISCAL IMPLICATION TO NEW YORK STATE :
To be determined.

 EFFECTIVE DATE :
This act 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.

2009-S2356 (ACTIVE) - Bill Text download pdf

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

                                  2356

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 18, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- 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 26 to read as follows:
  (26) 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 15 to read as follows:
  (15)  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 (ff) to read as follows:
  (FF)  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.
                                                           LBD03067-01-9

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