S T A T E O F N E W Y O R K
________________________________________________________________________
6137
2015-2016 Regular Sessions
I N A S S E M B L Y
March 16, 2015
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the state finance law and the public health law, in
relation to the creation of the traumatic brain injury trust fund; and
to amend the insurance law, in relation to post-traumatic stress
disorder and traumatic brain injury
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
99-w to read as follows:
S 99-W. TRAUMATIC BRAIN INJURY/PTSD TREATMENT FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE TRAUMATIC
BRAIN INJURY/PTSD TREATMENT FUND.
2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND AND ALL MONEYS TRANSFERRED TO SUCH FUND PURSUANT TO LAW.
ANY INTEREST EARNED BY THE INVESTMENT OF MONEYS IN SUCH FUND SHALL BE
ADDED TO SUCH FUND, BECOME A PART OF SUCH FUND, AND BE USED FOR THE
PURPOSE OF SUCH FUND.
3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR TREATMENT OF QUALI-
FIED INDIVIDUALS FOR POST-TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN
INJURY WHERE SUCH TREATMENT IS NOT COVERED UNDER ANY OTHER PLAN OF
HEALTH INSURANCE OR HEALTH COVERAGE, AND SHALL INCLUDE HYPERBARIC OXYGEN
THERAPY TREATMENT WHERE PRESCRIBED BY A LICENSED PROVIDER. SUCH FUND
SHALL BE A PAYER OF LAST RESORT FOR ANY SUCH TREATMENT. A QUALIFIED
INDIVIDUAL MUST:
(A) PROVIDE MEDICAL DOCUMENTATION OF SUFFERING FROM POST-TRAUMATIC
STRESS DISORDER, OR A TRAUMATIC BRAIN INJURY AS DEFINED BY SECTION TWO
THOUSAND SEVEN HUNDRED FORTY-ONE OF THE PUBLIC HEALTH LAW; AND
(B) BE A NEW YORK RESIDENT FOR AT LEAST NINETY CONSECUTIVE DAYS PRIOR
TO APPLICATION DATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09801-01-5
A. 6137 2
4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF HEALTH.
S 2. Subdivisions 9 and 10 of section 2742 of the public health law,
as added by chapter 196 of the laws of 1994, are amended and a new
subdivision 11 is added to read as follows:
9. to develop training programs for persons providing discharge plans
and case management; [and]
10. to develop standards for licensing or certifying residential and
non-residential services for persons with traumatic brain injury to the
extent that such services are not otherwise subject to the jurisdiction
of another state agency[.]; AND
11. TO ADMINISTER THE TRAUMATIC BRAIN INJURY/PTSD TREATMENT FUND,
ESTABLISHED IN SECTION NINETY-NINE-W OF THE STATE FINANCE LAW.
S 3. Clause (ii) of subparagraph (B) of paragraph 5 of subsection (1)
of section 3221 of the insurance law, as amended by chapter 502 of the
laws of 2007, is amended to read as follows:
(ii) For purposes of this paragraph, the term "biologically based
mental illness" means a mental, nervous, or emotional condition that is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the functioning of the person with the illness. Such biologically based
mental illnesses are defined as schizophrenia/psychotic disorders, major
depression, bipolar disorder, delusional disorders, panic disorder,
obsessive compulsive disorders, bulimia, [and] anorexia, POST-TRAUMATIC
STRESS DISORDER, AND TRAUMATIC BRAIN INJURY.
S 4. Subparagraph (B) of paragraph 2 of subsection (g) of section 4303
of the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
(B) For purposes of this subsection, the term "biologically based
mental illness" means a mental, nervous, or emotional condition that is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the functioning of the person with the illness. Such biologically based
mental illnesses are defined as schizophrenia/psychotic disorders, major
depression, bipolar disorder, delusional disorders, panic disorder,
obsessive compulsive disorders, anorexia, [and] bulimia, POST-TRAUMATIC
STRESS DISORDER, AND TRAUMATIC BRAIN INJURY.
S 5. Subparagraph (B) of paragraph 2 of subsection (h) of section 4303
of the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
(B) For purposes of this subsection, the term "biologically based
mental illness" means a mental, nervous, or emotional condition that is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the functioning of the person with the illness. Such biologically based
mental illnesses are defined as schizophrenia/psychotic disorders, major
depression, bipolar disorder, delusional disorders, panic disorder,
obsessive compulsive disorder, anorexia, [and] bulimia, POST-TRAUMATIC
STRESS DISORDER, AND TRAUMATIC BRAIN INJURY.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that sections three, four and five
of this act shall apply to policies and contracts issued, renewed, modi-
fied, altered or amended on or after such effective date.