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.