Senate Bill S2058A

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

                                 2058--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by Sens. LATIMER, CARLUCCI, DILAN, ESPAILLAT, KENNEDY, MONT-
  GOMERY, PARKER, SAMPSON -- 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, in relation to requiring policies and
  contracts  of  insurance providing hospital, surgical, or medical care
  coverage to include coverage for human leukocyte antigen testing

  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 HOSPITAL, SURGICAL, OR  MEDICAL  CARE
COVERAGE OR PROVIDES REIMBURSEMENT FOR LABORATORY TESTS OR REIMBURSEMENT
FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR HUMAN LEUKOCYTE
ANTIGEN TESTING, ALSO REFERRED TO AS HISTOCOMPATIBLE LOCUS ANTIGEN TEST-
ING, FOR A, B, AND DR ANTIGENS FOR UTILIZATION IN TISSUE TYPING FOR BONE
MARROW TESTING.
  S 2. Subsection (1) 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 CARE COVERAGE
SHALL  PROVIDE  COVERAGE  FOR  HUMAN  LEUKOCYTE  ANTIGEN  TESTING,  ALSO
REFERRED  TO  AS HISTOCOMPATIBLE LOCUS ANTIGEN TESTING, FOR A, B, AND DR
ANTIGENS FOR UTILIZATION IN  TISSUE  TYPING  FOR  BONE  MARROW  TESTING,
EXCEPT  THAT  THIS  PROVISION  SHALL  NOT APPLY TO A POLICY WHICH COVERS
PERSONS EMPLOYED IN MORE THAN ONE STATE  OR  THE  BENEFIT  STRUCTURE  OF
WHICH WAS THE SUBJECT OF COLLECTIVE BARGAINING AFFECTING PERSONS WHO ARE
EMPLOYED IN MORE THAN ONE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05133-02-4

              

S. 2058--A                          2

  S  3.  Section  4303  of  the insurance law is amended by adding a new
subsection (oo) to read as follows:
  (OO)  A  MEDICAL  EXPENSE  INDEMNITY  CORPORATION,  A HOSPITAL SERVICE
CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE  FOR
HOSPITAL,  SURGICAL,  OR  MEDICAL  CARE SHALL PROVIDE COVERAGE FOR HUMAN
LEUKOCYTE ANTIGEN TESTING, ALSO REFERRED  TO  AS  HISTOCOMPATIBLE  LOCUS
ANTIGEN  TESTING,  FOR  A,  B, AND DR ANTIGENS FOR UTILIZATION IN TISSUE
TYPING FOR BONE MARROW TESTING, EXCEPT THAT  THIS  PROVISION  SHALL  NOT
APPLY TO A CONTRACT WHICH COVERS PERSONS EMPLOYED IN MORE THAN ONE STATE
OR THE BENEFIT STRUCTURE OF WHICH WAS THE SUBJECT OF COLLECTIVE BARGAIN-
ING AFFECTING PERSONS WHO ARE EMPLOYED IN MORE THAN ONE STATE.
  S 4.  This act shall take effect on the first of January next succeed-
ing  the date on which it shall have become a law and shall apply to all
policies and contracts issued, renewed, modified, altered, or amended on
or after such effective date. Effective immediately any rules  or  regu-
lations  necessary  for  the implementation of this act on its effective
date shall be promulgated, and any  other  measures  necessary  for  the
implementation  of  this act on its effective date shall be taken, on or
before such effective date.