Senate Bill S2389

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

                                  2389

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 19, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- 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  the  practice  of
  acupuncture

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subsection (j) of section 3216  of  the  insurance  law  is
amended by adding a new paragraph 4 to read as follows:
  (4)(A) EVERY INSURER ISSUING A POLICY OF ACCIDENT AND HEALTH INSURANCE
FOR DELIVERY IN THIS STATE WHICH PROVIDES COVERAGE FOR IN-PATIENT HOSPI-
TAL  CARE  MUST  MAKE  AVAILABLE  AND, IF REQUESTED BY THE POLICYHOLDER,
PROVIDE COVERAGE FOR CHINESE MEDICINE SERVICES.
  (B) SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW  POLI-
CIES AND, WITH RESPECT TO OTHER POLICIES, AT ANY ANNIVERSARY DATE OF THE
POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
  (C) IN THIS PARAGRAPH, "CHINESE MEDICINE" MEANS THE DISTINCT SYSTEM OF
PRIMARY  HEALTH  CARE  THAT USES ALL TECHNIQUES AND THERAPIES OF CHINESE
MEDICINE, BOTH TRADITIONAL AND MODERN, FOR THE PREVENTION OR  CORRECTION
OF DISEASE, ILLNESS, INJURY, PAIN OR OTHER CONDITIONS BY CONTROLLING AND
REGULATING  THE  FLOW  AND BALANCE OF ENERGY UTILIZING THE PRINCIPLES OF
TRADITIONAL CHINESE MEDICINE, SO AS TO RESTORE AND MAINTAIN  THE  HEALTH
OF THE PATIENT.
  (D) 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,
PROVIDED HOWEVER THAT REIMBURSEMENT FOR SERVICES PERFORMED BY A LICENSED
ACUPUNCTURIST SHALL NOT BE LESS THAN THE REIMBURSEMENT FOR THE  SAME  OR
SIMILAR SERVICES IF PROVIDED BY A CERTIFIED ACUPUNCTURIST.
  S 2. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09427-01-9

              

S. 2389                             2

  (18)(A) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY
IN THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE MUST
MAKE  AVAILABLE  AND, IF REQUESTED BY THE POLICYHOLDER, PROVIDE COVERAGE
FOR CHINESE MEDICINE SERVICES, EXCEPT  THAT  THIS  PROVISION  SHALL  NOT
APPLY  TO  A POLICY WHICH COVERS PERSONS EMPLOYED IN MORE THAN ONE STATE
OR THE BENEFIT STRUCTURE OF WHICH WAS THE SUBJECT OF COLLECTIVE BARGAIN-
ING AFFECTING PERSONS WHO ARE EMPLOYED IN MORE THAN ONE STATE.
  (B) SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW  POLI-
CIES AND, WITH RESPECT TO OTHER POLICIES, AT ANY ANNIVERSARY DATE OF THE
POLICY SUBJECT TO INSURABILITY.
  (C) IN THIS PARAGRAPH, "CHINESE MEDICINE" MEANS THE DISTINCT SYSTEM OF
PRIMARY  HEALTH  CARE  THAT USES ALL TECHNIQUES AND THERAPIES OF CHINESE
MEDICINE, BOTH TRADITIONAL AND MODERN, FOR THE PREVENTION OR  CORRECTION
OF DISEASE, ILLNESS, INJURY, PAIN OR OTHER CONDITIONS BY CONTROLLING AND
REGULATING  THE  FLOW  AND BALANCE OF ENERGY UTILIZING THE PRINCIPLES OF
TRADITIONAL CHINESE MEDICINE, SO AS TO RESTORE AND MAINTAIN  THE  HEALTH
OF THE PATIENT.
  (D) 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,
PROVIDED HOWEVER THAT REIMBURSEMENT FOR SERVICES PERFORMED BY A LICENSED
ACUPUNCTURIST SHALL NOT BE LESS THAN THE REIMBURSEMENT FOR THE  SAME  OR
SIMILAR SERVICES IF PROVIDED BY A CERTIFIED ACUPUNCTURIST.
  S  3.  Paragraph  4 of subsection (f) of section 4235 of the insurance
law is amended by adding a new subparagraph (I) to read as follows:
  (I) ANY ACUPUNCTURE OR CHINESE MEDICINE SERVICE WHICH  IS  WITHIN  THE
LAWFUL  SCOPE  OF  PRACTICE OF A LICENSED ACUPUNCTURIST, A SUBSCRIBER TO
SUCH POLICY SHALL BE ENTITLED TO REIMBURSEMENT  FOR  SUCH  SERVICE  WHEN
SUCH  SERVICE IS PERFORMED BY A LICENSED ACUPUNCTURIST, PROVIDED HOWEVER
THAT REIMBURSEMENT FOR SERVICE PERFORMED  BY  A  LICENSED  ACUPUNCTURIST
SHALL  NOT  BE  LESS  THAN  THE  REIMBURSEMENT  FOR  THE SAME OR SIMILAR
SERVICES IF PROVIDED BY A CERTIFIED ACUPUNCTURIST.
  S 4. Subparagraphs (B), (C), (D), (E), (F), (G), (H), (I), (J) and (K)
of paragraph 1 of subsection (b) of section 4301 of the  insurance  law,
subparagraphs  (J)  and  (K) as relettered by chapter 456 of the laws of
1993, are relettered subparagraphs (C), (D), (E), (F),  (G),  (H),  (I),
(J), (K) and (L) and a new subparagraph (B) is added to read as follows:
  (B) MEDICAL CARE PROVIDED THROUGH LICENSED ACUPUNCTURISTS,
  S 5. This act shall take effect immediately.