Senate Bill S908

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

                                   908

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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
  Tay-Sachs testing

  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 26 to read as follows:
  (26)  (A)  EVERY POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
OR MEDICAL CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY  TESTS  OR
REIMBURSEMENT  FOR  DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR
TAY-SACHS TESTING.
  (B) SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW  POLI-
CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
  (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
TORY  PERFORMING  THE TAY-SACHS TEST SHALL BE DEEMED SUFFICIENT EVIDENCE
OF THE PERFORMANCE OF SUCH TESTING.
  (D) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
POLICY.
  S 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18) (A) A GROUP POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
OR  MEDICAL  CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY TESTS OR
REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE  COVERAGE  FOR
TAY-SACHS TESTING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06581-01-9

S. 908                              2
              

  (B)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
  (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
TORY  PERFORMING  THE TAY-SACHS TEST SHALL BE DEEMED SUFFICIENT EVIDENCE
OF THE PERFORMANCE OF SUCH TESTING.
  (D) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
POLICY.
  S  3.  Section  4303  of  the insurance law is amended by adding a new
subsection (ff) to read as follows:
  (FF) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION, A  HOSPITAL  SERVICE
CORPORATION  OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
HOSPITAL, SURGICAL OR MEDICAL CARE OR PROVIDES REIMBURSEMENT FOR LABORA-
TORY TESTS OR REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL  PROVIDE
COVERAGE FOR TAY-SACHS TESTING.
  (2)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
  (3) FOR PURPOSES OF THIS SUBSECTION, IN ORDER TO MAINTAIN  THE  CONFI-
DENTIALITY  OF  PERSONS  TESTED,  RECEIPT  OF AN ACKNOWLEDGMENT FROM THE
LABORATORY PERFORMING THE TAY-SACHS  TEST  SHALL  BE  DEEMED  SUFFICIENT
EVIDENCE OF THE PERFORMANCE OF SUCH TESTING.
  (4)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
POLICY.
  S 4. This act shall take effect immediately.