Senate Bill S7498

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

                                  7498

                            I N  S E N A T E

                             April 15, 2010
                               ___________

Introduced by Sens. SAVINO, FOLEY -- 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 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:
  (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

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

                                                           LBD14601-02-9

S. 7498                             2

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.