S T A T E O F N E W Y O R K
________________________________________________________________________
2808
2011-2012 Regular Sessions
I N A S S E M B L Y
January 20, 2011
___________
Introduced by M. of A. O'DONNELL, GUNTHER, GOTTFRIED, CASTRO, SCARBOR-
OUGH, ZEBROWSKI, COLTON, DINOWITZ, DenDEKKER, BROOK-KRASNY, TITONE,
MAGNARELLI, CAMARA, LANCMAN, BOYLAND -- Multi-Sponsored by -- M. of A.
BARRON, BRENNAN, BURLING, CAHILL, GABRYSZAK, GLICK, LUPARDO, MARKEY,
McDONOUGH, MENG, PHEFFER, RUSSELL, SWEENEY, THIELE, WEISENBERG, WRIGHT
-- read once and referred to the Committee on Health
AN ACT to amend the insurance law and the social services law, in
relation to requiring health care service plans and health insurers to
provide insurance coverage for human immunodeficiency virus (HIV)
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 28 to read as follows:
(28) EVERY POLICY WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL CARE
COVERAGE OR PROVIDES REIMBURSEMENT FOR LABORATORY TESTS OR REIMBURSEMENT
FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR HUMAN IMMUNODE-
FICIENCY VIRUS (HIV) TESTING, REGARDLESS OF WHETHER THE TESTING IS
RELATED TO A PRIMARY DIAGNOSIS.
S 2. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
(18) A GROUP OR BLANKET ACCIDENT OR HEALTH INSURANCE POLICY OR ISSUING
A GROUP OR BLANKET POLICY FOR DELIVERY IN THIS STATE WHICH PROVIDES
COVERAGE FOR HOSPITAL, SURGICAL, OR MEDICAL CARE COVERAGE OR PROVIDES
REIMBURSEMENT FOR LABORATORY TESTS OR REIMBURSEMENT FOR DIAGNOSTIC X-RAY
SERVICES SHALL PROVIDE COVERAGE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV)
TESTING, REGARDLESS OF WHETHER THE TESTING IS RELATED TO A PRIMARY DIAG-
NOSIS.
S 3. Section 4303 of the insurance law is amended by adding a new
subsection (hh) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05720-01-1
A. 2808 2
(HH) A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
HOSPITAL, SURGICAL, OR MEDICAL CARE COVERAGE OR PROVIDES REIMBURSEMENT
FOR LABORATORY TESTS OR REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES
SHALL PROVIDE COVERAGE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING,
REGARDLESS OF WHETHER THE TESTING IS RELATED TO A PRIMARY DIAGNOSIS.
S 4. Subparagraphs (xv) and (xvi) of paragraph (e) of subdivision 1 of
section 369-ee of the social services law, subparagraph (xv) as amended
and subparagraph (xvi) as added by chapter 526 of the laws of 2002, are
amended and a new subparagraph (xvii) is added to read as follows:
(xv) services provided to meet the requirements of 42 U.S.C. 1396d(r);
[and]
(xvi) hospice services[.]; AND
(XVII) HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING.
S 5. This act shall take effect immediately.