S T A T E   O F   N E W   Y O R K
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                                   36

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- 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 mandatory health
  insurance coverage for cerebral palsy

  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)(A) EVERY POLICY WHICH PROVIDES  HOSPITAL,  SURGICAL,  OR  MEDICAL
CARE  COVERAGE  SHALL  PROVIDE COVERAGE FOR CEREBRAL PALSY AND SHALL NOT
EXCLUDE COVERAGE PRESCRIBED BY THE REFERRING PHYSICIAN FOR THE TREATMENT
OF CEREBRAL PALSY, INCLUDING, BUT NOT LIMITED TO, COVERAGE FOR THERAPEU-
TIC EVALUATIONS AND INTERVENTIONS, SUCH AS SPEECH THERAPY,  OCCUPATIONAL
THERAPY,  PHYSICAL THERAPY, INTENSIVE EARLY INTERVENTION, AND BEHAVIORAL
AND EDUCATIONAL INTERVENTION PROGRAMS.
  (B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
  S 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18)(A) EVERY POLICY WHICH PROVIDES  HOSPITAL,  SURGICAL,  OR  MEDICAL
CARE  COVERAGE  SHALL  PROVIDE COVERAGE FOR CEREBRAL PALSY AND SHALL NOT
EXCLUDE COVERAGE PRESCRIBED BY THE REFERRING PHYSICIAN FOR THE TREATMENT
OF CEREBRAL PALSY, INCLUDING, BUT NOT LIMITED TO, COVERAGE FOR THERAPEU-
TIC EVALUATIONS AND INTERVENTIONS, SUCH AS SPEECH THERAPY,  OCCUPATIONAL
THERAPY,  PHYSICAL THERAPY, INTENSIVE EARLY INTERVENTION, AND BEHAVIORAL
AND EDUCATIONAL INTERVENTION PROGRAMS.
  (B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.

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

                                                           LBD00943-02-9

S. 36                               2

  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (ff) to read as follows:
  (FF)(1)  EVERY  POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL,
OR MEDICAL COVERAGE SHALL PROVIDE COVERAGE FOR CEREBRAL PALSY AND  SHALL
NOT  EXCLUDE  COVERAGE  PRESCRIBED  BY  THE  REFERRING PHYSICIAN FOR THE
TREATMENT OF CEREBRAL PALSY, INCLUDING, BUT NOT LIMITED TO, COVERAGE FOR
THERAPEUTIC EVALUATIONS AND INTERVENTIONS, SUCH AS SPEECH THERAPY, OCCU-
PATIONAL THERAPY, PHYSICAL THERAPY, INTENSIVE  EARLY  INTERVENTION,  AND
BEHAVIORAL AND EDUCATIONAL INTERVENTION PROGRAMS.
  (2) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
  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 issued,
renewed, modified, or altered on or after such date.