S T A T E O F N E W Y O R K
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1055
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
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Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring insurance
policies covering surgery to cover all expenses incurred in connection
with autologous blood transfusions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (1) 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 SURGICAL COVERAGE SHALL PROVIDE COVERAGE FOR
ALL EXPENSES INCURRED IN CONNECTION WITH AUTOLOGOUS BLOOD TRANSFUSIONS
USED FOR OR INTENDED TO BE USED FOR SURGERY, INCLUDING THE COLLECTION OF
BLOOD PRIOR TO SURGERY AND THE TRANSFUSION OF SUCH BLOOD INTO THE
INSURED, WHETHER DONE BEFORE, DURING, OR AFTER SURGERY. SUCH COVERAGE
MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE AS MAY BE DEEMED
APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT WITH THOSE
ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
S 2. Section 4303 of the insurance law is amended by adding a new
subsection (pp) to read as follows:
(PP) A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
CORPORATION, OR A HEALTH SERVICE CORPORATION WHICH PROVIDES SURGICAL
COVERAGE SHALL PROVIDE COVERAGE FOR ALL EXPENSES INCURRED IN CONNECTION
WITH AUTOLOGOUS BLOOD TRANSFUSIONS USED FOR OR INTENDED TO BE USED FOR
SURGERY, INCLUDING THE COLLECTION OF BLOOD PRIOR TO SURGERY AND THE
TRANSFUSION OF SUCH BLOOD INTO THE INSURED, WHETHER DONE BEFORE, DURING,
OR AFTER SURGERY. SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES
AND COINSURANCE AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND
AS ARE CONSISTENT WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A
GIVEN POLICY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05022-02-5
A. 1055 2
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to all
policies and contracts issued, renewed, modified, altered, or amended on
or after such date.