S T A T E O F N E W Y O R K
________________________________________________________________________
6459--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 17, 2011
___________
Introduced by M. of A. LATIMER, AUBRY, JAFFEE, ZEBROWSKI, REILLY,
BURLING, GUNTHER, ROSENTHAL, WEPRIN, MILLMAN, GALEF, SCARBOROUGH,
STEVENSON, ROBINSON, BARRON, MAISEL, PERRY, HOOPER -- Multi-Sponsored
by -- M. of A. ABINANTI, BRENNAN, CERETTO, GIBSON, MARKEY, McENENY,
P. RIVERA, SCHIMEL -- read once and referred to the Committee on
Insurance -- recommitted to the Committee on Insurance in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law, in relation to requiring policies and
contracts of insurance providing hospital, surgical, or medical care
coverage to include coverage for human leukocyte antigen 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 29 to read as follows:
(29) 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 LEUKOCYTE
ANTIGEN TESTING, ALSO REFERRED TO AS HISTOCOMPATIBLE LOCUS ANTIGEN TEST-
ING, FOR A, B, AND DR ANTIGENS FOR UTILIZATION IN TISSUE TYPING FOR BONE
MARROW TESTING.
S 2. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:
(19) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL, OR MEDICAL CARE COVERAGE
SHALL PROVIDE COVERAGE FOR HUMAN LEUKOCYTE ANTIGEN TESTING, ALSO
REFERRED TO AS HISTOCOMPATIBLE LOCUS ANTIGEN TESTING, FOR A, B, AND DR
ANTIGENS FOR UTILIZATION IN TISSUE TYPING FOR BONE MARROW TESTING,
EXCEPT THAT THIS PROVISION SHALL NOT APPLY TO A POLICY WHICH COVERS
PERSONS EMPLOYED IN MORE THAN ONE STATE OR THE BENEFIT STRUCTURE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10098-07-2
A. 6459--A 2
WHICH WAS THE SUBJECT OF COLLECTIVE BARGAINING AFFECTING PERSONS WHO ARE
EMPLOYED IN MORE THAN ONE STATE.
S 3. Section 4303 of the insurance law is amended by adding a new
subsection (ii) to read as follows:
(II) A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
HOSPITAL, SURGICAL, OR MEDICAL CARE SHALL PROVIDE COVERAGE FOR HUMAN
LEUKOCYTE ANTIGEN TESTING, ALSO REFERRED TO AS HISTOCOMPATIBLE LOCUS
ANTIGEN TESTING, FOR A, B, AND DR ANTIGENS FOR UTILIZATION IN TISSUE
TYPING FOR BONE MARROW TESTING, EXCEPT THAT THIS PROVISION SHALL NOT
APPLY TO A CONTRACT 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.
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to all
policies and contracts issued, renewed, modified, altered, or amended on
or after such effective date. Effective immediately any rules or regu-
lations necessary for the implementation of this act on its effective
date shall be promulgated, and any other measures necessary for the
implementation of this act on its effective date shall be taken, on or
before such effective date.