S T A T E O F N E W Y O R K
________________________________________________________________________
8739
2017-2018 Regular Sessions
I N A S S E M B L Y
October 25, 2017
___________
Introduced by M. of A. TITONE -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to requiring health
insurance coverage for drug testing
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 34 to read as follows:
(34)(A) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE COVERAGE, OR COVERAGE FOR PRESCRIPTION DRUGS SHALL
PROVIDE COVERAGE OF BLOOD TESTS, URINALYSIS, AND OTHER TESTS USED TO
DETECT CONTROLLED SUBSTANCE USE, INCLUDING THE USE OF PRESCRIPTION
CONTROLLED SUBSTANCES. SUCH TESTS SHALL BE CONSIDERED MEDICALLY NECES-
SARY WHEN REQUESTED OR PRESCRIBED BY AN AUTHORIZED HEALTH CARE PROVIDER,
INCLUDING ANY PHYSICIAN, NURSE, PROVIDER OF SERVICES FOR THE MENTALLY
DISABLED AS DEFINED IN ARTICLE ONE OF THE MENTAL HYGIENE LAW, OR OTHER
PERSON INVOLVED IN PROVIDING MEDICAL, NURSING, COUNSELING, OR OTHER
HEALTH CARE OR MENTAL HEALTH SERVICE.
(B) 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.
§ 2. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 7-c to read as follows:
(7-C)(A) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE COVERAGE, OR COVERAGE FOR PRESCRIPTION DRUGS SHALL
PROVIDE COVERAGE OF BLOOD TESTS, URINALYSIS, AND OTHER TESTS USED TO
DETECT CONTROLLED SUBSTANCE USE, INCLUDING THE USE OF PRESCRIPTION
CONTROLLED SUBSTANCES. SUCH TESTS SHALL BE CONSIDERED MEDICALLY NECES-
SARY WHEN REQUESTED OR PRESCRIBED BY AN AUTHORIZED HEALTH CARE PROVIDER,
INCLUDING ANY PHYSICIAN, NURSE, PROVIDER OF SERVICES FOR THE MENTALLY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13630-01-7
A. 8739 2
DISABLED AS DEFINED IN ARTICLE ONE OF THE MENTAL HYGIENE LAW, OR OTHER
PERSON INVOLVED IN PROVIDING MEDICAL, NURSING, COUNSELING, OR OTHER
HEALTH CARE OR MENTAL HEALTH SERVICE.
(B) 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.
§ 3. Section 4303 of the insurance law is amended by adding a new
subsection (l-3) to read as follows:
(L-3)(1) EVERY POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE COVERAGE, OR COVERAGE FOR PRESCRIPTION DRUGS SHALL
PROVIDE COVERAGE OF BLOOD TESTS, URINALYSIS, AND OTHER TESTS USED TO
DETECT CONTROLLED SUBSTANCE USE, INCLUDING THE USE OF PRESCRIPTION
CONTROLLED SUBSTANCES. SUCH TESTS SHALL BE CONSIDERED MEDICALLY NECES-
SARY WHEN REQUESTED OR PRESCRIBED BY AN AUTHORIZED HEALTH CARE PROVIDER,
INCLUDING ANY PHYSICIAN, NURSE, PROVIDER OF SERVICES FOR THE MENTALLY
DISABLED AS DEFINED IN ARTICLE ONE OF THE MENTAL HYGIENE LAW, OR OTHER
PERSON INVOLVED IN PROVIDING MEDICAL, NURSING, COUNSELING, OR OTHER
HEALTH CARE OR MENTAL HEALTH SERVICE.
(2) 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.
§ 4. This act shall take effect immediately.