S T A T E O F N E W Y O R K
________________________________________________________________________
3478
2013-2014 Regular Sessions
I N S E N A T E
February 4, 2013
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Introduced by Sen. GIPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Insurance
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; and to amend the public health
law, the tax law and the state finance law, in relation to providing
for taxpayer gifts for tick borne illness research, detection and
education and establishing the tick borne illness research, detection
and education fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "tick borne
illness treatment and education act of 2013".
S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 30 to read as follows:
(30) 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 3. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08366-03-3
S. 3478 2
FURTHER TREATMENT IF RECOMMENDED BY A PHYSICIAN LICENSED TO PRACTICE
MEDICINE IN THE STATE OF NEW YORK.
S 4. Section 4303 of the insurance law is amended by adding a new
subsection (jj) to read as follows:
(JJ) 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 5. 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 FARMING,
(LYME BORRELIOSIS) LANDSCAPING OPERATIONS, TREE
AND OTHER TICK BORNE PRUNING, SPRAYING, REPAIRING,
RELATED PATHOGENS. OR RELATED OCCUPATION WHICH
CREATES EXPOSURE TO LYME
DISEASE CARRYING ORGANISMS
OR CARE OR HANDLING OF ANIMALS.
S 6. 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 7. 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 8. The public health law is amended by adding a new article 27-FF to
read as follows:
ARTICLE 27-FF
EDUCATION PROGRAM
SECTION 2790. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION.
S 2790. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION. THE
COMMISSIONER SHALL ESTABLISH WITHIN THE DEPARTMENT A PROGRAM TO PROMOTE
RESEARCH, DETECTION AND PATIENT EDUCATION REGARDING TICK BORNE RELATED
PATHOGENS. TO CARRY OUT THE PURPOSES OF THIS SECTION, THE COMMISSIONER
SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
1. TO PROMOTE PATIENT EDUCATION PROGRAMS DESIGNED TO REDUCE OR PREVENT
THE INCIDENCE AND SEVERITY OF TICK BORNE ILLNESSES SUCH AS LYME DISEASE
AND INCREASE DETECTION OF SUCH ILLNESSES;
2. TO PROMOTE RESEARCH FOR TREATMENT, PREVENTION AND DETECTION
PROGRAMS DESIGNED TO REDUCE THE INCIDENCE AND SEVERITY OF TICK BORNE
ILLNESSES SUCH AS LYME DISEASE AND INCREASE DETECTION OF SUCH ILLNESSES;
3. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER FUNDS OR APPROPRI-
ATIONS AS MAY BE AVAILABLE FOR THESE PURPOSES SUBJECT TO LIMITATIONS AS
TO THE APPROVAL OF EXPENDITURES AND AUDIT AS PRESCRIBED FOR STATE FUNDS
BY THE STATE FINANCE LAW; AND
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4. TO ENTER INTO CONTRACTS WITHIN THE AMOUNTS AVAILABLE THEREFOR AS
MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 9. The tax law is amended by adding a new section 209-H to read as
follows:
S 209-H. GIFT FOR TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCA-
TION. A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
SUPPORT OF THE TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION
FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL
NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH TAXPAYER. THE
COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME TAX RETURN TO
ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
BE CREDITED TO THE TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION
FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION
NINETY-SEVEN-CC OF THE STATE FINANCE LAW.
S 10. The tax law is amended by adding a new section 630-c to read as
follows:
S 630-C. GIFT FOR TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCA-
TION. AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. SUCH CONTRIB-
UTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE
AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL
INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO
MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL
REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE
TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND AND USED ONLY
FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-CC OF THE STATE
FINANCE LAW.
S 11. The state finance law is amended by adding a new section 97-cc
to read as follows:
S 97-CC. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF
TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS
THE "TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTIONS TWO
HUNDRED NINE-H AND SIX HUNDRED THIRTY-C OF THE TAX LAW AND ALL OTHER
MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL
PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR TICK BORNE ILLNESS
RESEARCH, DETECTION AND EDUCATION PROJECTS. AS USED IN THIS SECTION,
"TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION PROJECTS" MEANS
EDUCATIONAL PROJECTS, INCLUDING GRANTS FOR TICK BORNE ILLNESS RESEARCH,
DETECTION AND EDUCATION, WHICH, PURSUANT TO SECTION TWENTY-SEVEN HUNDRED
NINETY OF THE PUBLIC HEALTH LAW, ARE APPROVED BY THE DEPARTMENT OF
HEALTH.
4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF HEALTH.
5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
END OF THAT FISCAL YEAR.
S. 3478 4
S 12. This act shall take effect on the one hundred twentieth day
after it shall have become a law provided, however, that effective imme-
diately, the addition, amendment and/or repeal of any rules or regu-
lations necessary for the implementation of this act on its effective
date are authorized to be made on or before such effective date.