Senate Bill S209A

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

                                 209--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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  reimbursement  for
  testing for familial dysautonomia, Canavan's disease and Tay-Sachs

  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)  (A)  EVERY POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
OR MEDICAL CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY  TESTS  OR
REIMBURSEMENT  FOR  DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR
TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.
  (B) SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW  POLI-
CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
  (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
TORY  PERFORMING  THE  TEST FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE
AND TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE  OF
SUCH TESTING.
  (D)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
POLICY.
  S 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00235-02-4
              

S. 209--A                           2

  (19) (A) A GROUP POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
OR MEDICAL CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY  TESTS  OR
REIMBURSEMENT  FOR  DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR
TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.
  (B)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
  (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
TORY PERFORMING THE TEST FOR FAMILIAL  DYSAUTONOMIA,  CANAVAN'S  DISEASE
AND  TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE OF
SUCH TESTING.
  (D) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
POLICY.
  S  3.  Section  4303  of  the insurance law is amended by adding a new
subsection (oo) to read as follows:
  (OO) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION, A  HOSPITAL  SERVICE
CORPORATION  OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
HOSPITAL, SURGICAL OR MEDICAL CARE OR PROVIDES REIMBURSEMENT FOR LABORA-
TORY TESTS OR REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL  PROVIDE
COVERAGE  FOR  TESTING  FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND
TAY-SACHS.
  (2) SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW  POLI-
CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
  (3)  FOR  PURPOSES OF THIS SUBSECTION, IN ORDER TO MAINTAIN THE CONFI-
DENTIALITY OF PERSONS TESTED, RECEIPT  OF  AN  ACKNOWLEDGMENT  FROM  THE
LABORATORY  PERFORMING  THE  TEST  FOR  FAMILIAL DYSAUTONOMIA, CANAVAN'S
DISEASE AND  TAY-SACHS  SHALL  BE  DEEMED  SUFFICIENT  EVIDENCE  OF  THE
PERFORMANCE OF SUCH TESTING.
  (4)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
POLICY.
  S 4. This act shall take effect immediately.