S T A T E O F N E W Y O R K
________________________________________________________________________
3389--A
2011-2012 Regular Sessions
I N S E N A T E
February 17, 2011
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- recommitted to
the Committee on Health 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 public health law, the social services law and the
insurance law, in relation to providing that persons with hemophilia
and other clotting protein deficiencies who are otherwise eligible for
the Child Health Plus, Family Health Plus, and Healthy New York
programs shall have access to reimbursement for outpatient blood clot-
ting factor concentrates and other necessary treatments and services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 2510 of the public health law, as
amended by section 21 of part B of chapter 109 of the laws of 2010, is
amended to read as follows:
7. "Covered health care services" means: the services of physicians,
optometrists, nurses, nurse practitioners, midwives and other related
professional personnel which are provided on an outpatient basis,
including routine well-child visits; diagnosis and treatment of illness
and injury; inpatient health care services; laboratory tests; diagnostic
x-rays; prescription and non-prescription drugs and durable medical
equipment; radiation therapy; chemotherapy; hemodialysis; OUTPATIENT
BLOOD CLOTTING FACTOR PRODUCTS AND OTHER TREATMENTS AND SERVICES
FURNISHED IN CONNECTION WITH THE CARE OF HEMOPHILIA AND OTHER BLOOD
CLOTTING PROTEIN DEFICIENCIES; emergency room services; hospice
services; emergency, preventive and routine dental care, including
medically necessary orthodontia but excluding cosmetic surgery; emergen-
cy, preventive and routine vision care, including eyeglasses; speech and
hearing services; and, inpatient and outpatient mental health, alcohol
and substance abuse services as defined by the commissioner in consulta-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09165-03-2
S. 3389--A 2
tion with the superintendent. "Covered health care services" shall not
include drugs, procedures and supplies for the treatment of erectile
dysfunction when provided to, or prescribed for use by, a person who is
required to register as a sex offender pursuant to article six-C of the
correction law, provided that any denial of coverage of such drugs,
procedures or supplies shall provide the patient with the means of
obtaining additional information concerning both the denial and the
means of challenging such denial.
S 2. Subdivision 7 of section 2510 of the public health law, as added
by chapter 922 of the laws of 1990, is amended to read as follows:
7. a. "Primary and preventive health care services" means: the
services of physicians, optometrists, nurses, nurse practitioners,
midwives and other related professional personnel which are provided on
an outpatient basis, including routine well-child visits; diagnosis and
treatment of illness and injury; laboratory tests; diagnostic x-rays;
prescription drugs; radiation therapy; chemotherapy; hemodialysis;
OUTPATIENT BLOOD CLOTTING FACTOR PRODUCTS AND OTHER TREATMENTS AND
SERVICES FURNISHED IN CONNECTION WITH THE CARE OF HEMOPHILIA AND OTHER
BLOOD CLOTTING PROTEIN DEFICIENCIES; emergency room services; hospice
services; and, outpatient alcohol and substance abuse services as
defined by the commissioner in consultation with the superintendent.
b. "Optional primary and preventive health care services" means:
dental, vision, speech and hearing services as defined by the commis-
sioner in consultation with the superintendent.
S 3. 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 paragraph (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) OUTPATIENT BLOOD CLOTTING FACTOR PRODUCTS AND OTHER TREATMENTS
AND SERVICES FURNISHED IN CONNECTION WITH THE CARE OF HEMOPHILIA AND
OTHER BLOOD CLOTTING PROTEIN DEFICIENCIES AS DEFINED BY THE COMMISSIONER
OF HEALTH IN CONSULTATION WITH THE SUPERINTENDENT.
S 4. Paragraph 13 of subsection (d) of section 4326 of the insurance
law, as amended by chapter 219 of the laws of 2011, is amended to read
as follows:
(13) blood and blood products furnished in connection with surgery or
inpatient hospital services OR OUTPATIENT SERVICES FOR HEMOPHILIA AND
OTHER BLOOD CLOTTING PROTEIN DEFICIENCIES;
S 5. This act shall take effect on the first of April next succeeding
the date upon which it shall have become a law; provided, however, that
the amendments to subdivision 7 of section 2510 of the public health law
made by section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 47 of chapter 2 of the
laws of 1998, as amended, when upon such date the provisions of section
two of this act shall take effect.