S T A T E O F N E W Y O R K
________________________________________________________________________
9097
2009-2010 Regular Sessions
I N A S S E M B L Y
August 17, 2009
___________
Introduced by M. of A. GLICK, GOTTFRIED, ORTIZ, EDDINGTON -- Multi-Spon-
sored by -- M. of A. CLARK, COOK, CYMBROWITZ, DINOWITZ, GALEF,
JACOBS, MAYERSOHN -- read once and referred to the Committee on Insur-
ance
AN ACT to amend the insurance law, in relation to reimbursement for
services performed by a person certified or licensed to perform
acupuncture
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) IF A POLICY PROVIDES FOR REIMBURSEMENT FOR ACUPUNCTURE TREATMENT
WHICH IS PERFORMED WITHIN THE LAWFUL SCOPE OF PRACTICE OF A PHYSICIAN OR
DENTIST LICENSED TO PRACTICE IN THIS STATE, AN INSURED SHALL ALSO BE
ENTITLED TO EQUAL REIMBURSEMENT FOR SUCH TREATMENT WHEN IT IS PERFORMED
BY A PERSON LICENSED PURSUANT TO SECTION EIGHT THOUSAND TWO HUNDRED
FOURTEEN OF THE EDUCATION LAW.
S 2. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
(18) EVERY INSURER DELIVERING A GROUP OR BLANKET POLICY OR ISSUING A
GROUP OR BLANKET POLICY FOR DELIVERY IN THIS STATE WHICH PROVIDES COVER-
AGE FOR ACUPUNCTURE TREATMENT WHICH IS PERFORMED WITHIN THE LAWFUL SCOPE
OF PRACTICE OF A PHYSICIAN OR DENTIST LICENSED TO PRACTICE IN THIS
STATE, SHALL ALSO PROVIDE EQUAL COVERAGE FOR SUCH TREATMENT WHEN IT IS
PERFORMED BY A PERSON LICENSED PURSUANT TO SECTION EIGHT THOUSAND TWO
HUNDRED FOURTEEN OF THE EDUCATION LAW.
S 3. Subparagraphs (G) and (H) of paragraph 4 of subsection (f) of
section 4235 of the insurance law, as relettered by chapter 456 of the
laws of 1993, are amended and a new subparagraph (I) is added to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14601-02-9
A. 9097 2
(G) psychiatric or psychological services or for the diagnosis and
treatment of mental, nervous, or emotional disorders or ailments, howev-
er defined in such policy, a subscriber to such policy shall be entitled
to reimbursement for such psychiatric or psychological services or diag-
nosis or treatment whether performed by a physician, psychiatrist or a
certified and registered psychologist when the services rendered are
within the lawful scope of their practice, and when such policy or any
certificate issued thereunder is delivered or issued for delivery with-
out this state by an authorized insurer, covered persons residing in
this state shall be entitled to reimbursement for such diagnosis and
treatment by a physician, psychiatrist or a certified and registered
psychologist as hereinabove provided; [and]
(H) any service which is within the lawful scope of practice of a
licensed chiropractor, a subscriber to such policy shall be entitled to
reimbursement for such service when such service is performed by a
licensed chiropractor[.]; AND
(I) ANY SERVICE WHICH IS WITHIN THE LAWFUL SCOPE OF PRACTICE OF A
PHYSICIAN OR DENTIST LICENSED TO PRACTICE IN THIS STATE, A SUBSCRIBER
SHALL ALSO BE ENTITLED TO EQUAL REIMBURSEMENT FOR SUCH SERVICE WHEN IT
IS PERFORMED BY A PERSON LICENSED PURSUANT TO SECTION EIGHT THOUSAND TWO
HUNDRED FOURTEEN OF THE EDUCATION LAW.
S 4. Subparagraphs (J) and (K) of paragraph 1 of subsection (b) of
section 4301 of the insurance law, as relettered by chapter 456 of the
laws of 1993, are amended and a new subparagraph (L) is added to read as
follows:
(J) necessary appliances, drugs, medicines and supplies, [and]
(K) bio-analytical or clinical laboratory examinations and reports
thereof reported to a physician, osteopath, dentist, optometrist, podia-
trist, chiropractor or physical therapist made by any privately operated
bioanalytical or clinical laboratory[.], AND
(L) ACUPUNCTURE TREATMENTS PROVIDED THROUGH PERSONS LICENSED PURSUANT
TO SECTION EIGHT THOUSAND TWO HUNDRED FOURTEEN OF THE EDUCATION LAW
PROVIDED REIMBURSEMENT IS ALSO MADE FOR ACUPUNCTURE TREATMENTS PROVIDED
THROUGH A PHYSICIAN OR DENTIST LICENSED TO PRACTICE IN THIS STATE.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply to policies and contracts issued,
renewed, modified or amended on or after such effective date.