Senate Bill S3616

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

                                 3616--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Insurance  --  recom-
  mitted to the Committee on Insurance in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the insurance law, in relation to annual  physicals  and
  well care visits

  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 INDIVIDUAL POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL OR
SIMILAR COMPREHENSIVE-TYPE COVERAGE THAT INCLUDES COVERAGE FOR  A  PHYS-
ICAL  OR  WELL  CARE  VISIT  ONCE IN EVERY THREE HUNDRED SIXTY-FIVE DAYS
SHALL BE INTERPRETED TO MEAN THAT SUCH PHYSICAL OR WELL CARE  VISIT  CAN
BE  HAD  ONCE EVERY CALENDAR YEAR, REGARDLESS OF WHETHER OR NOT A PERIOD
OF THREE HUNDRED SIXTY-FIVE DAYS HAS PASSED SINCE THE PREVIOUS  PHYSICAL
OR WELL CARE VISIT.
  S 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 16 to read as follows:
  (16)  EVERY  GROUP  OR  BLANKET  POLICY  WHICH PROVIDES MEDICAL, MAJOR
MEDICAL OR SIMILAR COMPREHENSIVE-TYPE COVERAGE  THAT  INCLUDES  COVERAGE
FOR A PHYSICAL OR WELL CARE VISIT ONCE IN EVERY THREE HUNDRED SIXTY-FIVE
DAYS  SHALL BE INTERPRETED TO MEAN THAT SUCH PHYSICAL OR WELL CARE VISIT
CAN BE HAD ONCE EVERY CALENDAR YEAR, REGARDLESS  OF  WHETHER  OR  NOT  A
PERIOD  OF  THREE  HUNDRED SIXTY-FIVE DAYS HAS PASSED SINCE THE PREVIOUS
PHYSICAL OR WELL CARE VISIT.
  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 CORPORATION SUBJECT TO THE PROVISIONS
OF THIS ARTICLE WHICH PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR COMPRE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10734-02-0
              

S. 3616--A                          2

HENSIVE-TYPE COVERAGE THAT INCLUDES COVERAGE FOR A PHYSICAL OR WELL CARE
VISIT ONCE IN EVERY THREE HUNDRED SIXTY-FIVE DAYS SHALL  BE  INTERPRETED
TO  MEAN  THAT  SUCH  PHYSICAL  OR WELL CARE VISIT CAN BE HAD ONCE EVERY
CALENDAR  YEAR,  REGARDLESS  OF WHETHER OR NOT A PERIOD OF THREE HUNDRED
SIXTY-FIVE DAYS HAS PASSED SINCE THE  PREVIOUS  PHYSICAL  OR  WELL  CARE
VISIT.
  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.