senate Bill S5979

2013-2014 Legislative Session

Requires mandatory health insurance coverage for tracking devices for children with developmental disabilities

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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
Nov 06, 2013 referred to rules

S5979 - Bill Details

See Assembly Version of this Bill:
A8301
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd ยงยง3216, 3221 & 4303, Ins L

S5979 - Bill Texts

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Requires mandatory health insurance coverage for tracking devices to be used on children with developmental disabilities.

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BILL NUMBER:S5979

TITLE OF BILL: An act to amend the insurance law, in relation to
mandatory health insurance coverage for tracking devices for children
with developmental disabilities

PURPOSE:

To help prevent death and serious injury as a result of wandering,
many parents have armed their autistic children with tracking devices,
such as LoJack or Project Lifesaver. These tracking devices ensure
that if a child does wander that they can be found quickly and safely
Unfortunately, many parents are unable to obtain these tracking
devices because of the expense to purchase and maintain the equipment.

This legislation will provide parents and caregivers of autistic
children the option of utilizing a tracking device and requiring
insurance companies to cover the costs for the equipment and
monitoring services.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subsection (i) of section 3216 of the insurance law
to add a new paragraph 30.

Section 2 amends subsection (l) of section 3221 of the insurance law
to add a new paragraph 19

Section 3 amends section 4303 of the insurance law to add a new
subsection (oo).

Section 4 is the effective date

JUSTIFICATION:

The inclination of children on the autism spectrum to wander off
impulsively is a critical safety issue for parents and caregivers. In
New York City this past month we witnessed a nonverbal autistic child,
Avonte Oquendo, wander from his school; an ongoing case that has
garnered national attention.

In 2012, the Interactive Autism Network (IAN - ianproject.org), the
nation's largest online autism research project, released the results
of the first major survey on wandering and elopement among individuals
with autism spectrum disorders (ASD).

The wandering and elopement survey found that approximately 50% of
parents of children with autism report that their child has eloped at
least once Among the families reporting at least one instance of
elopement, nearly 50% say that their child went missing long enough to
cause significant concern about safety. Of those who have gone
missing, nearly 25% were in danger of drowning and 65% were in danger
of a traffic-related injury, according to the findings which were
published in the journal Pediatrics.

In discussing the study at the time of its release, Dr Paul Law,
author of the study and director of medical informatics at the Kennedy


Krieger Institute, observed that elopement is one of the most
important issues related to autism that had not been addressed much at
all prior to this study.. In fact, according to the study, it is very
common and a problem that puts children with ASD at greatest risk for
an early death.

With the Centers for Disease Control now estimating that 1 in 88
children in the U.S.has been diagnosed with ASD, experts say there is
a pressing need for devising clear best practices for managing
"elopement."

To quote Dr. Law's conclusions based on the study of elopement: "On
the broadest scale, it means we as a nation need to get a system
organized so that when children do elope, and when parents call to
report it, there's an immediate response. The likelihood of them
having a very bad outcome is dramatically increased the longer it
takes to recover a child in a safe place."

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law

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

                                  5979

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 6, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the insurance  law,  in  relation  to  mandatory  health
  insurance  coverage  for  tracking  devices for children with develop-
  mental disabilities

  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 FOR GPS TRACKING
DEVICES TO BE USED ON CHILDREN WITH DEVELOPMENTAL DISABILITIES, PROVIDED
THAT THE TREATING PHYSICIAN  OR  OTHER  LICENSED  HEALTH  CARE  PROVIDER
ISSUES  A WRITTEN ORDER STATING SUCH DEVICE IS NECESSARY FOR THE CHILD'S
WELFARE.
  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 FOR GPS TRACKING
DEVICES TO BE USED ON CHILDREN WITH DEVELOPMENTAL DISABILITIES, PROVIDED
THAT THE TREATING PHYSICIAN  OR  OTHER  LICENSED  HEALTH  CARE  PROVIDER
ISSUES  A WRITTEN ORDER STATING SUCH DEVICE IS NECESSARY FOR THE CHILD'S
WELFARE.
  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  FOR  GPS  TRACKING
DEVICES TO BE USED ON CHILDREN WITH DEVELOPMENTAL DISABILITIES, PROVIDED
THAT  THE  TREATING  PHYSICIAN  OR  OTHER  LICENSED HEALTH CARE PROVIDER
ISSUES A WRITTEN ORDER STATING SUCH DEVICE IS NECESSARY FOR THE  CHILD'S
WELFARE.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply  to  policies  and  contracts  issued,
renewed, modified, altered or amended on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11987-01-3

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