A. 10406 2
PROGRAMS SHALL BE LIMITED TO INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE
PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
5. ENROLLMENT IN A DEMONSTRATION PROGRAM SHALL BE VOLUNTARY. A PARTIC-
IPATING INDIVIDUAL MAY DISCONTINUE HIS OR HER ENROLLMENT AT ANY TIME
WITHOUT CAUSE. THE COMMISSIONER SHALL REVIEW AND APPROVE ALL ENROLLMENT
AND MARKETING MATERIALS FOR A DEMONSTRATION PROGRAM.
6. THE DEMONSTRATION PROGRAM SHALL OFFER EVIDENCE-BASED SERVICES AND
INTERVENTIONS DESIGNED TO ENSURE THAT THE ENROLLEES RECEIVE HIGH QUALI-
TY, PREVENTATIVE AND COST-EFFECTIVE CARE, AIMED AT REDUCING THE DEVELOP-
MENT OF DIABETES. THE DEMONSTRATION PROGRAM MAY INCLUDE SCREENING OF
ELIGIBLE ENROLLEES, DEVELOPING AN INDIVIDUALIZED CARE MANAGEMENT PLAN
FOR EACH ENROLLEE AND IMPLEMENTING THAT PLAN.
7. THE DEPARTMENT SHALL BE RESPONSIBLE FOR MONITORING THE QUALITY,
APPROPRIATENESS AND COST-EFFECTIVENESS OF A DEMONSTRATION PROGRAM. THE
DEPARTMENT SHALL UTILIZE, TO THE EXTENT POSSIBLE, ALL POTENTIAL SOURCES
OF FUNDING FOR DEMONSTRATION PROGRAMS, INCLUDING, BUT LIMITED TO,
PRIVATE PAYMENTS AND DONATIONS. ALL SUCH FUNDS SHALL BE DEPOSITED BY THE
COMMISSIONER AND CREDITED TO THE DIABETES PREVENTION ACCOUNT WHICH SHALL
BE ESTABLISHED BY THE COMPTROLLER IN THE SPECIAL REVENUE-OTHER FUND.
ADDITIONALLY, TO THE EXTENT OF FUNDS APPROPRIATED THEREFOR, MEDICAL
ASSISTANCE FUNDS, INCLUDING ANY FUNDING OR SHARED SAVINGS AS MAY BECOME
AVAILABLE THROUGH FEDERAL WAIVERS OR OTHERWISE UNDER TITLES 18 AND 19 OF
THE FEDERAL SOCIAL SECURITY ACT, MAY BE USED BY THE DEPARTMENT FOR
EXPENDITURES IN SUPPORT OF THE DIABETES PREVENTION PROGRAM.
8. PAYMENTS SHALL BE MADE BY THE DEPARTMENT TO THE ENTITY RESPONSIBLE
FOR THE OPERATION OF THE DEMONSTRATION PROGRAM ON A FIXED AMOUNT PER
MEMBER PER LENGTH OF THE PROGRAM AND SHALL REIMBURSE THE PROGRAM SPON-
SOR FOR THE SERVICES RENDERED PURSUANT TO SUBDIVISION SIX OF THIS
SECTION. THE DEPARTMENT SHALL PROVIDE AN INTERIM REPORT TO THE GOVERNOR
AND THE LEGISLATURE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
THIRTEEN AND A FINAL REPORT ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
THOUSAND FOURTEEN ON THE RESULTS OF THE DEMONSTRATION PROGRAMS. BOTH
REPORTS SHALL INCLUDE FINDINGS AS TO THE DEMONSTRATION PROGRAMS'
COST-EFFECTIVENESS IN PREVENTING THE DEVELOPMENT OF DIABETES AND ASSOCI-
ATED COMPLICATIONS. IN THE FINAL REPORT, THE DEPARTMENT SHALL OFFER
RECOMMENDATIONS AS TO WHETHER DEMONSTRATION PROGRAMS SHOULD BE EXTENDED,
MODIFIED, ELIMINATED OR MADE PERMANENT.
S 2. Subparagraph (A) of paragraph 15-a of subsection (i) of section
3216 of the insurance law, as amended and such paragraph as renumbered
by chapter 338 of the laws of 2003, is amended to read as follows:
(A) Every policy which provides medical coverage that includes cover-
age for physician services in a physician's office and every policy
which provides major medical or similar comprehensive-type coverage
shall include coverage for the following equipment and supplies for the
treatment of diabetes, if recommended or prescribed by a physician or
other licensed health care provider legally authorized to prescribe
under title eight of the education law: blood glucose monitors and blood
glucose monitors for the visually impaired, data management systems,
test strips for glucose monitors and visual reading and urine testing
strips, insulin, injection aids, cartridges for the visually impaired,
syringes, insulin pumps and appurtenances thereto, insulin infusion
devices, and oral agents for controlling blood sugar. In addition, the
commissioner of the department of health shall provide and periodically
update by rule or regulation a list of additional diabetes equipment and
related supplies such as are medically necessary for the treatment of
diabetes, for which there shall also be coverage. Such policies shall
A. 10406 3
also include coverage for diabetes self-management education to ensure
that persons with diabetes are educated as to the proper self-management
and treatment of their diabetic condition, including information on
proper diets. Such coverage for self-management education and education
relating to diet shall be limited to visits medically necessary upon the
diagnosis of diabetes, where a physician diagnoses a significant change
in the patient's symptoms or conditions which necessitate changes in a
patient's self-management, or where reeducation or refresher education
is necessary. Such education may be provided by the physician or other
licensed health care provider legally authorized to prescribe under
title eight of the education law, or their staff, as part of an office
visit for diabetes diagnosis or treatment, or by a certified diabetes
nurse educator, certified nutritionist, certified dietitian or regis-
tered dietitian upon the referral of a physician or other licensed
health care provider legally authorized to prescribe under title eight
of the education law. Education provided by the certified diabetes nurse
educator, certified nutritionist, certified dietitian or registered
dietitian may be limited to group settings wherever practicable. Cover-
age for self-management education and education relating to diet shall
also include home visits when medically necessary. IN ADDITION, UPON
RECOMMENDATION OF A PHYSICIAN SUCH POLICES SHALL INCLUDE COVERAGE FOR
DIABETES PREVENTION SERVICES TO PERSONS WITH PRE-DIABETES DIAGNOSED BY A
PHYSICIAN. SUCH SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO, PATIENT
EDUCATION ON PHYSICAL ACTIVITY AND DIET USING EVIDENCE-BASED SERVICES.
SUCH COVERAGE FOR DIABETES PREVENTION SERVICES MAY BE LIMITED TO
PROGRAMS THAT HAVE EXPERIENCE PROVIDING COST-EFFECTIVE COMMUNITY-BASED
DIABETES PREVENTION SERVICES, AND GROUP SETTINGS WHEREVER PRACTICABLE.
S 3. Subparagraph (A) of paragraph 7 of subsection (k) of section 3221
of the insurance law, as amended by chapter 338 of the laws of 2003, is
amended to read as follows:
(A) Every group or blanket accident and health insurance policy issued
or issued for delivery in this state which provides medical coverage
that includes coverage for physician services in a physician's office
and every policy which provides major medical or similar comprehensive-
type coverage shall include coverage for the following equipment and
supplies for the treatment of diabetes, if recommended or prescribed by
a physician or other licensed health care provider legally authorized to
prescribe under title eight of the education law: blood glucose monitors
and blood glucose monitors for the visually impaired, data management
systems, test strips for glucose monitors and visual reading and urine
testing strips, insulin, injection aids, cartridges for the visually
impaired, syringes, insulin pumps and appurtenances thereto, insulin
infusion devices, and oral agents for controlling blood sugar. In addi-
tion, the commissioner of the department of health shall provide and
periodically update by rule or regulation a list of additional diabetes
equipment and related supplies such as are medically necessary for the
treatment of diabetes, for which there shall also be coverage. Such
policies shall also include coverage for diabetes self-management educa-
tion to ensure that persons with diabetes are educated as to the proper
self-management and treatment of their diabetic condition, including
information on proper diets. Such coverage for self-management education
and education relating to diet shall be limited to visits medically
necessary upon the diagnosis of diabetes, where a physician diagnoses a
significant change in the patient's symptoms or conditions which neces-
sitate changes in a patient's self-management, or where reeducation or
refresher education is necessary. Such education may be provided by the
A. 10406 4
physician or other licensed health care provider legally authorized to
prescribe under title eight of the education law, or their staff, as
part of an office visit for diabetes diagnosis or treatment, or by a
certified diabetes nurse educator, certified nutritionist, certified
dietitian or registered dietitian upon the referral of a physician or
other licensed health care provider legally authorized to prescribe
under title eight of the education law. Education provided by the certi-
fied diabetes nurse educator, certified nutritionist, certified dieti-
tian or registered dietitian may be limited to group settings wherever
practicable. Coverage for self-management education and education
relating to diet shall also include home visits when medically neces-
sary. IN ADDITION, UPON RECOMMENDATION OF A PHYSICIAN SUCH POLICIES
SHALL INCLUDE COVERAGE FOR DIABETES PREVENTION SERVICES TO PERSONS WITH
PRE-DIABETES DIAGNOSED BY A PHYSICIAN. SUCH SERVICES SHALL INCLUDE, BUT
NOT BE LIMITED TO, PATIENT EDUCATION ON PHYSICAL ACTIVITY AND DIET USING
EVIDENCE-BASED SERVICES. SUCH COVERAGE FOR DIABETES PREVENTION SERVICES
MAY BE LIMITED TO PROGRAMS THAT HAVE EXPERIENCE PROVIDING COST-EFFECTIVE
COMMUNITY-BASED DIABETES PREVENTION SERVICES, AND GROUP SETTINGS WHEREV-
ER PRACTICABLE.
S 4. Paragraph 1 of subsection (u) of section 4303 of the insurance
law, as amended by chapter 338 of the laws of 2003, is amended to read
as follows:
(1) A medical expense indemnity corporation or a health service corpo-
ration which provides medical coverage that includes coverage for physi-
cian services in a physician's office and every policy which provides
major medical or similar comprehensive-type coverage shall include
coverage for the following equipment and supplies for the treatment of
diabetes, if recommended or prescribed by a physician or other licensed
health care provider legally authorized to prescribe under title eight
of the education law: blood glucose monitors and blood glucose monitors
for the visually impaired, data management systems, test strips for
glucose monitors and visual reading and urine testing strips, insulin,
injection aids, cartridges for the visually impaired, syringes, insulin
pumps and appurtenances thereto, insulin infusion devices, and oral
agents for controlling blood sugar. In addition, the commissioner of the
department of health shall provide and periodically update by rule or
regulation a list of additional diabetes equipment and related supplies
such as are medically necessary for the treatment of diabetes, for which
there shall also be coverage. Such policies shall also include coverage
for diabetes self-management education to ensure that persons with
diabetes are educated as to the proper self-management and treatment of
their diabetic condition, including information on proper diets. Such
coverage for self-management education and education relating to diet
shall be limited to visits medically necessary upon the diagnosis of
diabetes, where a physician diagnoses a significant change in the
patient's symptoms or conditions which necessitate changes in a
patient's self-management, or where reeducation or refresher education
is necessary. Such education may be provided by the physician or other
licensed health care provider legally authorized to prescribe under
title eight of the education law, or their staff, as part of an office
visit for diabetes diagnosis or treatment, or by a certified diabetes
nurse educator, certified nutritionist, certified dietitian or regis-
tered dietitian upon the referral of a physician or other licensed
health care provider legally authorized to prescribe under title eight
of the education law. Education provided by the certified diabetes nurse
educator, certified nutritionist, certified dietitian or registered
A. 10406 5
dietitian may be limited to group settings wherever practicable. Cover-
age for self-management education and education relating to diet shall
also include home visits when medically necessary. IN ADDITION, UPON
RECOMMENDATION OF A PHYSICIAN SUCH POLICES SHALL INCLUDE COVERAGE FOR
DIABETES PREVENTION SERVICES TO PERSONS WITH PRE-DIABETES DIAGNOSED BY A
PHYSICIAN. SUCH SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO, PATIENT
EDUCATION ON PHYSICAL ACTIVITY AND DIET USING EVIDENCE-BASED SERVICES.
SUCH COVERAGE FOR DIABETES PREVENTION SERVICES MAY BE LIMITED TO
PROGRAMS THAT HAVE EXPERIENCE PROVIDING COST-EFFECTIVE COMMUNITY-BASED
DIABETES PREVENTION SERVICES, AND GROUP SETTINGS WHEREVER PRACTICABLE.
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.