S T A T E O F N E W Y O R K
________________________________________________________________________
7696--A
2011-2012 Regular Sessions
I N A S S E M B L Y
May 13, 2011
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Introduced by M. of A. THIELE, J. MILLER -- Multi-Sponsored by -- M. of
A. LATIMER -- 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 and the workers' compensation law, in
relation to coverage of long term medical care for Lyme disease and
other tick borne related pathogens
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 INSURER ISSUING A POLICY OF ACCIDENT AND HEALTH INSURANCE
FOR DELIVERY IN THIS STATE SHALL PROVIDE COVERAGE FOR ALL COSTS FOR
TREATMENT OF LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK BORNE
RELATED PATHOGENS. SUCH TREATMENT SHALL INCLUDE NOT LESS THAN THIRTY
DAYS OF INTRAVENOUS ANTIBIOTIC THERAPY, SIXTY DAYS OF ORAL ANTIBIOTIC
THERAPY, OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT IF RECOMMENDED BY
A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
S 2. Subsection (l) 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 COVERAGE SHALL
PROVIDE COVERAGE FOR ALL COSTS FOR TREATMENT OF LYME DISEASE (LYME
BORRELIOSIS) AND OTHER TICK BORNE RELATED PATHOGENS. SUCH TREATMENT
SHALL INCLUDE NOT LESS THAN THIRTY DAYS OF INTRAVENOUS ANTIBIOTIC THERA-
PY, SIXTY DAYS OF ORAL ANTIBIOTIC THERAPY, OR BOTH, AND SHALL PROVIDE
FURTHER TREATMENT IF RECOMMENDED BY A PHYSICIAN LICENSED TO PRACTICE
MEDICINE IN THE STATE OF NEW YORK.
S 3. Section 4303 of the insurance law is amended by adding a new
subsection (ii) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11530-03-2
A. 7696--A 2
(II) EVERY MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE
CORPORATION AND HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
MEDICAL, SURGICAL OR MAJOR MEDICAL CARE SHALL PROVIDE COVERAGE FOR ALL
COSTS FOR TREATMENT OF LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK
BORNE RELATED PATHOGENS. SUCH TREATMENT SHALL INCLUDE NOT LESS THAN
THIRTY DAYS OF INTRAVENOUS ANTIBIOTIC THERAPY, SIXTY DAYS OF ORAL ANTI-
BIOTIC THERAPY, OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT IF RECOM-
MENDED BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW
YORK.
S 4. Paragraph 30 of subdivision 2 of section 3 of the workers'
compensation law, as renumbered by chapter 665 of the laws of 1971, is
renumbered paragraph 31 and a new paragraph 30 is added to read as
follows:
30. LYME DISEASE 30. ANY PROCESS INVOLVING
(LYME BORRELIOSIS) OUTDOOR ACTIVITY OR
AND OTHER TICK BORNE TREATMENT OF ANIMALS.
RELATED PATHOGENS.
S 5. The closing paragraph of subdivision 2 of section 3 of the work-
ers' compensation law, as amended by chapter 666 of the laws of 1971, is
amended to read as follows:
Nothing in paragraph [thirty] THIRTY-ONE of this subdivision shall be
construed to apply to any disability or death due to any disease
described in paragraph twenty-nine of this subdivision.
S 6. Subdivision 9 of section 201 of the workers' compensation law is
amended by adding a new paragraph C to read as follows:
C. "DISABILITY" ALSO INCLUDES DISABILITY CAUSED BY OR IN CONNECTION
WITH LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK BORNE RELATED PATHO-
GENS.
S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of this act on its effective date are
authorized to be made on or before such effective date.