S T A T E O F N E W Y O R K
________________________________________________________________________
7071
I N S E N A T E
April 23, 2014
___________
Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring health
insurance coverage of inpatient treatment of opioid addiction
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 DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
WHICH PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR COMPREHENSIVE-TYPE
COVERAGE SHALL INCLUDE COVERAGE FOR BOTH INPATIENT AND OUTPATIENT OPIOID
ADDICTION SERVICES THAT ARE PROVIDED BY A QUALIFIED HEALTH PROFESSIONAL,
AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES.
(B) THE ONLY PREREQUISITE FOR THE COVERAGE OF HOSPITAL OR NON-HOSPITAL
BASED OPIOID ADDICTION SERVICES, INCLUDING MEDICALLY MANAGED, MEDICALLY
SUPERVISED AND MEDICALLY MONITORED WITHDRAWAL, OR INPATIENT OR INTENSIVE
RESIDENTIAL REHABILITATION, OR INTENSIVE OR ROUTINE OUTPATIENT TREAT-
MENT, SHALL BE THAT A COVERED PERSON BE CERTIFIED AND REFERRED BY A
QUALIFIED HEALTH PROFESSIONAL. SUCH CERTIFICATION AND REFERRAL SHALL
CONTROL BOTH THE NATURE AND DURATION OF COVERED TREATMENT; PROVIDED,
HOWEVER, THAT SUCH COVERAGE SHALL BE TERMINATED WHEN THE ADMITTING OR
ATTENDING PHYSICIAN, OR A PHYSICIAN ASSISTANT OR NURSE PRACTITIONER
ACTING UNDER THE SUPERVISION OF A PHYSICIAN, PROVIDING OPIOID ADDICTION
SERVICES, REHABILITATION OR OUTPATIENT TREATMENT CERTIFIES THAT ADMIS-
SION OF THE COVERED PERSON IS NOT NECESSARY, EARLY DISCHARGE IS APPRO-
PRIATE OR ADDITIONAL INPATIENT DAYS OR SESSIONS ARE NECESSARY.
S 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:
(19) (A) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIV-
ERY IN THIS STATE WHICH PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE COVERAGE SHALL INCLUDE COVERAGE FOR BOTH INPATIENT
AND OUTPATIENT OPIOID ADDICTION SERVICES THAT ARE PROVIDED BY A QUALI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14649-02-4
S. 7071 2
FIED HEALTH PROFESSIONAL, AS DEFINED IN THE REGULATIONS OF THE COMMIS-
SIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES.
(B) THE ONLY PREREQUISITE FOR THE COVERAGE OF HOSPITAL OR NON-HOSPITAL
BASED OPIOID ADDICTION SERVICES, INCLUDING MEDICALLY MANAGED, MEDICALLY
SUPERVISED AND MEDICALLY MONITORED WITHDRAWAL, OR INPATIENT OR INTENSIVE
RESIDENTIAL REHABILITATION, OR INTENSIVE OR ROUTINE OUTPATIENT TREAT-
MENT, SHALL BE THAT A COVERED PERSON BE CERTIFIED AND REFERRED BY A
QUALIFIED HEALTH PROFESSIONAL. SUCH CERTIFICATION AND REFERRAL SHALL
CONTROL BOTH THE NATURE AND DURATION OF COVERED TREATMENT; PROVIDED,
HOWEVER, THAT SUCH COVERAGE SHALL BE TERMINATED WHEN THE ADMITTING OR
ATTENDING PHYSICIAN, OR A PHYSICIAN ASSISTANT OR NURSE PRACTITIONER
ACTING UNDER THE SUPERVISION OF A PHYSICIAN, PROVIDING OPIOID ADDICTION
SERVICES, REHABILITATION OR OUTPATIENT TREATMENT CERTIFIES THAT ADMIS-
SION OF THE COVERED PERSON IS NOT NECESSARY, EARLY DISCHARGE IS APPRO-
PRIATE OR ADDITIONAL INPATIENT DAYS OR SESSIONS ARE NECESSARY.
S 3. Section 4303 of the insurance law is amended by adding a new
subsection (oo) to read as follows:
(OO) (1) EVERY CONTRACT ISSUED BY A HOSPITAL SERVICE COMPANY OR HEALTH
SERVICE CORPORATION WHICH PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE COVERAGE SHALL INCLUDE COVERAGE FOR BOTH INPATIENT
AND OUTPATIENT OPIOID ADDICTION SERVICES THAT ARE PROVIDED BY A QUALI-
FIED HEALTH PROFESSIONAL, AS DEFINED IN THE REGULATIONS OF THE COMMIS-
SIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES.
(2) THE ONLY PREREQUISITE FOR THE COVERAGE OF HOSPITAL OR NON-HOSPITAL
BASED OPIOID ADDICTION SERVICES, INCLUDING MEDICALLY MANAGED, MEDICALLY
SUPERVISED AND MEDICALLY MONITORED WITHDRAWAL, OR INPATIENT OR INTENSIVE
RESIDENTIAL REHABILITATION, OR INTENSIVE OR ROUTINE OUTPATIENT TREAT-
MENT, SHALL BE THAT A COVERED PERSON BE CERTIFIED AND REFERRED BY A
QUALIFIED HEALTH PROFESSIONAL. SUCH CERTIFICATION AND REFERRAL SHALL
CONTROL BOTH THE NATURE AND DURATION OF COVERED TREATMENT, PROVIDED,
HOWEVER, THAT SUCH COVERAGE SHALL BE TERMINATED WHEN THE ADMITTING OR
ATTENDING PHYSICIAN, OR A PHYSICIAN ASSISTANT OR NURSE PRACTITIONER
ACTING UNDER THE SUPERVISION OF A PHYSICIAN, PROVIDING OPIOID ADDICTION
SERVICES, REHABILITATION OR OUTPATIENT TREATMENT CERTIFIES THAT ADMIS-
SION OF THE COVERED PERSON IS NOT NECESSARY, EARLY DISCHARGE IS APPRO-
PRIATE OR ADDITIONAL INPATIENT DAYS OR SESSIONS ARE NECESSARY.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law.