The New York State Senate

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

                                 5354--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 11, 2011
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance  --  recommitted
  to the Committee on Insurance in accordance with Senate Rule 6, sec. 8
  --  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.
                                                           LBD11530-02-2

S. 5354--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.