S T A T E O F N E W Y O R K
________________________________________________________________________
6820--A
2013-2014 Regular Sessions
I N A S S E M B L Y
April 19, 2013
___________
Introduced by M. of A. CRESPO, MILLER, GUNTHER, SCHIMEL, MOSLEY,
BARRETT, COLTON, COOK, MAGNARELLI, TITONE, DIPIETRO, FINCH, MONTESANO,
GRAF, DUPREY, RIVERA, HOOPER -- Multi-Sponsored by -- M. of A. ARROYO,
BRENNAN, KEARNS, McLAUGHLIN, PALMESANO, PERRY, ROBINSON, STEC, THIELE,
WEISENBERG -- read once and referred to the Committee on Insurance --
recommitted to the Committee on Judiciary 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, in relation to mandatory health
insurance coverage for prosthetic devices
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 30 to read as follows:
(30) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
COMPREHENSIVE TYPE COVERAGE SHALL INCLUDE COVERAGE EQUAL TO OR ABOVE
MEDICARE'S STANDARD OF COVERAGE FOR PROSTHETIC DEVICES FOR POLICY HOLD-
ERS. THIS SHALL INCLUDE COVERAGE NOT ONLY FOR THE PROVISION OF A PROS-
THETIC DEVICE REQUIRED TO BE WORN OR USED BY A POLICY HOLDER BUT ALSO
THE REPAIR OR REPLACEMENT OF A PROSTHETIC DEVICE REQUIRED TO BE WORN OR
USED BY A POLICY HOLDER. COVERAGE SHALL INCLUDE EXPENSES FOR ASSESSMENT,
EVALUATION, TREATMENT, MANAGEMENT, AND FOLLOW-UP CARE. COVERAGE SHALL
NOT BE DENIED IF THE POLICY HOLDER'S PHYSICIAN DETERMINES THE PROSTHETIC
DEVICE IS THE MOST APPROPRIATE MODEL THAT ADEQUATELY MEETS THE MEDICAL
NEEDS OF THE POLICY HOLDER TO PERFORM ACTIVITIES OF DAILY LIVING OR
ESSENTIAL JOB-RELATED ACTIVITIES. THE TERM "PROSTHETIC DEVICE" AS USED
IN THIS PARAGRAPH INCLUDES AN ARTIFICIAL LIMB BUT SHALL NOT INCLUDE
SHOES OR ANY OTHER ARTICLE CONSIDERED AS ORDINARY WEARING APPAREL,
WHETHER OR NOT SPECIALLY CONSTRUCTED. THE TERM "POLICY HOLDER" AS USED
IN THIS PARAGRAPH SHALL MEAN A VETERAN OF THE ARMED FORCES WHO RESIDES
IN THE STATE OF NEW YORK.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10223-04-4
A. 6820--A 2
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 POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
COMPREHENSIVE TYPE COVERAGE SHALL INCLUDE COVERAGE EQUAL TO OR ABOVE
MEDICARE'S STANDARD OF COVERAGE FOR PROSTHETIC DEVICES FOR POLICY HOLD-
ERS. THIS SHALL INCLUDE COVERAGE NOT ONLY FOR THE PROVISION OF A PROS-
THETIC DEVICE REQUIRED TO BE WORN OR USED BY A POLICY HOLDER BUT ALSO
THE REPAIR OR REPLACEMENT OF A PROSTHETIC DEVICE REQUIRED TO BE WORN OR
USED BY A POLICY HOLDER. COVERAGE SHALL INCLUDE EXPENSES FOR ASSESSMENT,
EVALUATION, TREATMENT, MANAGEMENT, AND FOLLOW-UP CARE. COVERAGE SHALL
NOT BE DENIED IF THE POLICY HOLDER'S PHYSICIAN DETERMINES THE PROSTHETIC
DEVICE IS THE MOST APPROPRIATE MODEL THAT ADEQUATELY MEETS THE MEDICAL
NEEDS OF THE POLICY HOLDER TO PERFORM ACTIVITIES OF DAILY LIVING OR
ESSENTIAL JOB-RELATED ACTIVITIES. THE TERM "PROSTHETIC DEVICE" AS USED
IN THIS PARAGRAPH INCLUDES AN ARTIFICIAL LIMB BUT SHALL NOT INCLUDE
SHOES OR ANY OTHER ARTICLE CONSIDERED AS ORDINARY WEARING APPAREL,
WHETHER OR NOT SPECIALLY CONSTRUCTED. THE TERM "POLICY HOLDER" AS USED
IN THIS PARAGRAPH SHALL MEAN A VETERAN OF THE ARMED FORCES WHO RESIDES
IN THE STATE OF NEW YORK.
S 3. Section 4303 of the insurance law is amended by adding a new
subsection (oo) to read as follows:
(OO) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
COMPREHENSIVE TYPE COVERAGE SHALL INCLUDE COVERAGE EQUAL TO OR ABOVE
MEDICARE'S STANDARD OF COVERAGE FOR PROSTHETIC DEVICES FOR POLICY HOLD-
ERS. THIS SHALL INCLUDE COVERAGE NOT ONLY FOR THE PROVISION OF A PROS-
THETIC DEVICE REQUIRED TO BE WORN OR USED BY A POLICY HOLDER BUT ALSO
THE REPAIR OR REPLACEMENT OF A PROSTHETIC DEVICE REQUIRED TO BE WORN OR
USED BY A POLICY HOLDER. COVERAGE SHALL INCLUDE EXPENSES FOR ASSESSMENT,
EVALUATION, TREATMENT, MANAGEMENT, AND FOLLOW-UP CARE. COVERAGE SHALL
NOT BE DENIED IF THE POLICY HOLDER'S PHYSICIAN DETERMINES THE PROSTHETIC
DEVICE IS THE MOST APPROPRIATE MODEL THAT ADEQUATELY MEETS THE MEDICAL
NEEDS OF THE POLICY HOLDER TO PERFORM ACTIVITIES OF DAILY LIVING OR
ESSENTIAL JOB-RELATED ACTIVITIES. THE TERM "PROSTHETIC DEVICE" AS USED
IN THIS SUBSECTION INCLUDES AN ARTIFICIAL LIMB BUT SHALL NOT INCLUDE
SHOES OR ANY OTHER ARTICLE CONSIDERED AS ORDINARY WEARING APPAREL,
WHETHER OR NOT SPECIALLY CONSTRUCTED. THE TERM "POLICY HOLDER" AS USED
IN THIS SUBSECTION SHALL MEAN A VETERAN OF THE ARMED FORCES WHO RESIDES
IN THE STATE OF NEW YORK.
S 4. Paragraph 30 of subsection (i) of section 3216 of the insurance
law, as added by section one of this act, is amended to read as follows:
(30) Every policy which provides medical, major medical, or similar
comprehensive type coverage shall include coverage equal to or above
Medicare's standard of coverage for prosthetic devices [for policy hold-
ers]. This shall include coverage not only for the provision of a pros-
thetic device required to be worn or used by a policy holder but also
the repair or replacement of a prosthetic device required to be worn or
used by a policy holder. Coverage shall include expenses for assessment,
evaluation, treatment, management, and follow-up care. Coverage shall
not be denied if the policy holder's physician determines the prosthetic
device is the most appropriate model that adequately meets the medical
needs of the policy holder to perform activities of daily living or
essential job-related activities. The term "prosthetic device" as used
in this paragraph includes an artificial limb but shall not include
shoes or any other article considered as ordinary wearing apparel,
whether or not specially constructed. [The term "policy holder" as used
A. 6820--A 3
in this paragraph shall mean a veteran of the armed forces who resides
in the state of New York.]
S 5. Paragraph 19 of subsection (l) of section 3221 of the insurance
law, as added by section two of this act, is amended to read as follows:
(19) Every policy which provides medical, major medical, or similar
comprehensive type coverage shall include coverage equal to or above
Medicare's standard of coverage for prosthetic devices [for policy hold-
ers]. This shall include coverage not only for the provision of a pros-
thetic device required to be worn or used by a policy holder but also
the repair or replacement of a prosthetic device required to be worn or
used by a policy holder. Coverage shall include expenses for assessment,
evaluation, treatment, management, and follow-up care. Coverage shall
not be denied if the policy holder's physician determines the prosthetic
device is the most appropriate model that adequately meets the medical
needs of the policy holder to perform activities of daily living or
essential job-related activities. The term "prosthetic device" as used
in this paragraph includes an artificial limb but shall not include
shoes or any other article considered as ordinary wearing apparel,
whether or not specially constructed. [The term "policy holder" as used
in this paragraph shall mean a veteran of the armed forces who resides
in the state of New York.]
S 6. Subsection (oo) of section 4303 of the insurance law, as added by
section three of this act, is amended to read as follows:
(oo) Every policy which provides medical, major medical, or similar
comprehensive type coverage shall include coverage equal to or above
Medicare's standard of coverage for prosthetic devices [for policy hold-
ers]. This shall include coverage not only for the provision of a pros-
thetic device required to be worn or used by a policy holder but also
the repair or replacement of a prosthetic device required to be worn or
used by a policy holder. Coverage shall include expenses for assessment,
evaluation, treatment, management, and follow-up care. Coverage shall
not be denied if the policy holder's physician determines the prosthetic
device is the most appropriate model that adequately meets the medical
needs of the policy holder to perform activities of daily living or
essential job-related activities. The term "prosthetic device" as used
in this subsection includes an artificial limb but shall not include
shoes or any other article considered as ordinary wearing apparel,
whether or not specially constructed. [The term "policy holder" as used
in this paragraph shall mean a veteran of the armed forces who resides
in the state of New York.]
S 7. This act shall take effect May 1, 2015; provided, however,
sections four, five and six of this act shall take effect April 1, 2017.