Assembly Bill A397A

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

                                 397--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. GUNTHER, GOTTFRIED -- Multi-Sponsored by -- M. of
  A.  MONTESANO  -- read once and referred to the Committee on Insurance
  -- recommitted to the Committee on Insurance in accordance with Assem-
  bly 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 annual physicals and
  well care visits

  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 INDIVIDUAL POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL  OR
SIMILAR  COMPREHENSIVE-TYPE  COVERAGE THAT INCLUDES COVERAGE FOR A PHYS-
ICAL OR WELL CARE VISIT ONCE IN  EVERY  THREE  HUNDRED  SIXTY-FIVE  DAYS
SHALL  BE  INTERPRETED TO MEAN THAT SUCH PHYSICAL OR WELL CARE VISIT CAN
BE HAD ONCE EVERY CALENDAR YEAR, REGARDLESS OF WHETHER OR NOT  A  PERIOD
OF  THREE HUNDRED SIXTY-FIVE DAYS HAS PASSED SINCE THE PREVIOUS PHYSICAL
OR WELL CARE VISIT.
  S 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18) EVERY GROUP OR  BLANKET  POLICY  WHICH  PROVIDES  MEDICAL,  MAJOR
MEDICAL  OR  SIMILAR  COMPREHENSIVE-TYPE COVERAGE THAT INCLUDES COVERAGE
FOR A PHYSICAL OR WELL CARE VISIT ONCE IN EVERY THREE HUNDRED SIXTY-FIVE
DAYS SHALL BE INTERPRETED TO MEAN THAT SUCH PHYSICAL OR WELL CARE  VISIT
CAN  BE  HAD  ONCE  EVERY  CALENDAR YEAR, REGARDLESS OF WHETHER OR NOT A
PERIOD OF THREE HUNDRED SIXTY-FIVE DAYS HAS PASSED  SINCE  THE  PREVIOUS
PHYSICAL OR WELL CARE VISIT.
  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.
                                                           LBD02189-03-1
              

A. 397--A                           2

  (II) EVERY CONTRACT ISSUED BY A CORPORATION SUBJECT TO THE  PROVISIONS
OF THIS ARTICLE WHICH PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR COMPRE-
HENSIVE-TYPE COVERAGE THAT INCLUDES COVERAGE FOR A PHYSICAL OR WELL CARE
VISIT  ONCE  IN EVERY THREE HUNDRED SIXTY-FIVE DAYS SHALL BE INTERPRETED
TO  MEAN  THAT  SUCH  PHYSICAL  OR WELL CARE VISIT CAN BE HAD ONCE EVERY
CALENDAR YEAR, REGARDLESS OF WHETHER OR NOT A PERIOD  OF  THREE  HUNDRED
SIXTY-FIVE  DAYS  HAS  PASSED  SINCE  THE PREVIOUS PHYSICAL OR WELL CARE
VISIT.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law  and  shall apply to policies and contracts issued,
renewed, modified, altered or amended on or after such date.