senate Bill S541

2013-2014 Legislative Session

Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to insurance
Jan 09, 2013 referred to insurance

S541 - Bill Details

See Assembly Version of this Bill:
A4978
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L; amd §§3 & 201, Work Comp L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5354A, A7696A
2009-2010: A2100

S541 - Bill Texts

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Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens.

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BILL NUMBER:S541

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To require health insurers to provide coverage for long term medical
care for Lyme disease and other tick borne related pathogens.

SUMMARY OF SPECIFIC PROVISIONS:
This bill will amend subsection (1) of section 3216 of the insurance
law by adding a new paragraph 30; amend subsection (1) of section
3221 of the insurance law by adding a new paragraph 19; amend section
4303 of the insurance law by adding a new subsection (jj); 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; amend closing paragraph
of subdivision 2 of section 3 of the workers' compensation law; amend
subdivision 9 of section 201 of the workers' compensation law by
adding a new paragraph C.

JUSTIFICATION:
Current law does not specifically stipulate that Lyme Disease and
other tick borne related pathogens be covered under individual and
group health insurance policies or workers' compensation. This bill
would require this disease to be covered under the aforementioned
insurance policies. The bill also specifically states that long term
treatments of the disease be covered if so recommended by a physician
licensed to practice in New York State.

Lyme Disease strikes many New Yorkers each year. This bill ensures
that their pain and suffering is not complicated by a lack of medical
coverage, including long term coverage, for care of the disease.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.5354/S.7696 Referred to Insurance
2009-10: A.2100 Held for Consideration in Insurance
2007-08: A.1041 Held for Consideration in Insurance
2005-06: A.385A Held for Consideration in Insurance
2003-04: A.1914A Held for Consideration in Insurance
2001-02: A.9735 Held for Consideration in Insurance

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law provided, however, that effective immediately,
the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing sections of this
act on its effective date is authorized and directed to be made and
completed on or before such date.


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

                                   541

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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

  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 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 2. 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
FURTHER TREATMENT IF RECOMMENDED BY A  PHYSICIAN  LICENSED  TO  PRACTICE
MEDICINE IN THE STATE OF NEW YORK.
  S  3.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02444-01-3

S. 541                              2

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 4. 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
  (LYME BORRELIOSIS)                         OUTDOOR ACTIVITY OR
  AND OTHER TICK BORNE                       TREATMENT OF ANIMALS.
  RELATED PATHOGENS.
  S  5. 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 6. 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 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law provided, however, that effective  immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of this act on its  effective  date  is
authorized to be made on or before such effective date.

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