S T A T E O F N E W Y O R K
________________________________________________________________________
6478
I N S E N A T E
January 19, 2016
___________
Introduced by Sen. RITCHIE -- 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 insurance coverage for
substance abuse disorder services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 31 of subsection (i) of section 3216 of the
insurance law, as added by chapter 41 of the laws of 2014, is amended to
read as follows:
(31) (A) Every policy that provides medical, major medical or similar
comprehensive-type coverage must provide outpatient coverage for the
diagnosis and treatment of substance use disorder, including detoxifica-
tion and rehabilitation services. Such coverage shall not apply finan-
cial requirements or treatment limitations to outpatient substance use
disorder benefits that are more restrictive than the predominant finan-
cial requirements and treatment limitations applied to substantially all
medical and surgical benefits covered by the policy. Further, such
coverage shall be provided consistent with the federal Paul Wellstone
and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008
(29 U.S.C. S 1185a).
(B) Coverage under this paragraph may be limited to facilities in New
York state certified by the office of alcoholism and substance abuse
services or licensed by such office as outpatient clinics or medically
supervised ambulatory substance abuse programs and, in other states, to
those which are accredited by the joint commission as alcoholism or
chemical dependence substance abuse treatment programs.
(C) Coverage provided under this paragraph may be subject to annual
deductibles and co-insurance as deemed appropriate by the superintendent
and that are consistent with those imposed on other benefits within a
given policy.
(D) A policy providing coverage for substance use disorder services
pursuant to this paragraph shall provide up to twenty outpatient visits
per policy or calendar year to an individual who identifies him or
herself as a family member of a person suffering from substance use
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13539-01-6
S. 6478 2
disorder and who seeks treatment as a family member who is otherwise
covered by the applicable policy pursuant to this paragraph. The cover-
age required by this paragraph shall include treatment as a family
member pursuant to such family member's own policy provided such family
member:
(i) does not exceed the allowable number of family visits provided by
the applicable policy pursuant to this paragraph; and
(ii) is otherwise entitled to coverage pursuant to this paragraph and
such family member's applicable policy.
(E) A POLICY PROVIDING COVERAGE UNDER THIS PARAGRAPH SHALL INCLUDE
COVERAGE FOR AT LEAST NINETY DAYS AT A REHABILITATION FACILITY;
PROVIDED, HOWEVER, THAT ANY STAY IN A REHABILITATION FACILITY REQUIRED
TO BE COVERED PURSUANT TO THIS PARAGRAPH SHALL REQUIRE THE PRESCRIPTION
OF A DOCTOR.
S 2. Paragraph 7 of subsection (l) of section 3221 of the insurance
law is amended by adding a new subparagraph (E) to read as follows:
(E) A POLICY PROVIDING COVERAGE UNDER THIS PARAGRAPH SHALL INCLUDE
COVERAGE FOR AT LEAST NINETY DAYS AT A REHABILITATION FACILITY;
PROVIDED, HOWEVER, THAT ANY STAY IN A REHABILITATION FACILITY REQUIRED
TO BE COVERED PURSUANT TO THIS PARAGRAPH SHALL REQUIRE THE PRESCRIPTION
OF A DOCTOR.
S 3. Subsection (1) of section 4303 of the insurance law is amended by
adding a new paragraph 5 to read as follows:
(5) A POLICY PROVIDING COVERAGE UNDER THIS SUBSECTION SHALL INCLUDE
COVERAGE FOR AT LEAST NINETY DAYS AT A REHABILITATION FACILITY;
PROVIDED, HOWEVER, THAT ANY STAY IN A REHABILITATION FACILITY REQUIRED
TO BE COVERED PURSUANT TO THIS PARAGRAPH SHALL REQUIRE THE PRESCRIPTION
OF A DOCTOR.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to any policy issued, amended, or
renewed on and after such effective date.