NY State Assembly Bill 2017-A9834A

Assembly Bill A9834A

2017-2018 Legislative Session

Requires the coverage of alternative treatment options by the medical assistance program and private insurers

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 23, 2018	print number 9834a
Apr 23, 2018	amend and recommit to insurance
Feb 14, 2018	referred to insurance

Bill Amendments

Original

A (Active)

2017-A9834 - Details

Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L; add §365-o, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A2772
2021-2022: A434
2023-2024: A1769

2017-A9834 - Summary

Requires that non-pharmaceutical alternative treatment options including but not limited to treatment provided by a licensed acupuncturist, licensed massage therapist, licensed chiropractor, and yoga instructor be covered by the medical assistance program and by private health insurers.

2017-A9834 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9834
 
                           I N  A S S E M B L Y
 
                             February 14, 2018
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Insurance
 
 AN ACT to amend the insurance  law  and  the  social  services  law,  in
   relation  to  requiring the coverage of alternate treatment options by
   the medical assistance program and private health insurers
 
   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) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR  MEDICAL,  OR  SIMILAR
 COMPREHENSIVE  TYPE  COVERAGE  SHALL  INCLUDE  COVERAGE  FOR ALTERNATIVE
 TREATMENT UTILIZED FOR PAIN MANAGEMENT.  COVERAGE  PROVIDED  UNDER  THIS
 PARAGRAPH SHALL BE LIMITED TO ALTERNATIVE TREATMENT PROVIDED BY A HEALTH
 CARE  PROVIDER  OR  OTHER  LICENSED  INDIVIDUAL.  FOR  PURPOSES  OF THIS
 SUBSECTION, "ALTERNATIVE TREATMENT" MEANS  NON-PHARMACEUTICAL  TREATMENT
 FOR  PAIN  MANAGEMENT INCLUDING BUT NOT LIMITED TO TREATMENT PROVIDED BY
 (A) A LICENSED ACUPUNCTURIST, (B) A LICENSED MASSAGE THERAPIST, AND  (C)
 A YOGA INSTRUCTOR.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 20 to read as follows:
   (20)  EVERY  GROUP  OR  BLANKET  POLICY  WHICH PROVIDES MEDICAL, MAJOR
 MEDICAL, OR SIMILAR COMPREHENSIVE TYPE COVERAGE SHALL  INCLUDE  COVERAGE
 FOR   ALTERNATIVE  TREATMENT  UTILIZED  FOR  PAIN  MANAGEMENT.  COVERAGE
 PROVIDED UNDER THIS PARAGRAPH SHALL BE LIMITED TO ALTERNATIVE  TREATMENT
 PROVIDED  BY  A  HEALTH  CARE PROVIDED OR OTHER LICENSED INDIVIDUAL. FOR
 PURPOSES OF THIS SUBSECTION, "ALTERNATIVE TREATMENT"  MEANS  NON-PHARMA-
 CEUTICAL  TREATMENT  FOR  PAIN  MANAGEMENT  INCLUDING BUT NOT LIMITED TO
 TREATMENT PROVIDED BY (A)  A  LICENSED  ACUPUNCTURIST,  (B)  A  LICENSED
 MASSAGE THERAPIST, AND (C) A YOGA INSTRUCTOR.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (rr) to read as follows:
   (RR) EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
 HOSPITAL  SERVICE  CORPORATION,  OR  HEALTH  SERVICE  CORPORATION  WHICH
 PROVIDES MEDICAL , MAJOR MEDICAL, OR SIMILAR COMPREHENSIVE TYPE COVERAGE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14478-01-8

 A. 9834                             2
 
 SHALL  INCLUDE  COVERAGE  FOR  ALTERNATIVE  TREATMENT  UTILIZED FOR PAIN
 MANAGEMENT. COVERAGE PROVIDED UNDER THIS SUBSECTION SHALL BE LIMITED  TO
 ALTERNATIVE  TREATMENT  PROVIDED  BY  A  HEALTH  CARE  PROVIDER OR OTHER
 LICENSED  INDIVIDUAL.  FOR PURPOSES OF THIS SECTION, "ALTERNATIVE TREAT-
 MENT" MEANS NON-PHARMACEUTICAL TREATMENT FOR PAIN  MANAGEMENT  INCLUDING
 BUT  NOT  LIMITED TO TREATMENT PROVIDED BY (1) A LICENSED ACUPUNCTURIST,
 (2) A LICENSED MASSAGE THERAPIST, AND (3) YOGA INSTRUCTOR.
   § 4. The social services law is amended by adding a new section  365-o
 to read as follows:
   §  365-O.  PROVISION  OF ALTERNATIVE TREATMENT FOR PAIN MANAGEMENT. 1.
 THE COMMISSIONER  SHALL  ESTABLISH  STANDARDS  AND  GUIDELINES  FOR  THE
 PROVISION  OF  ALTERNATE TREATMENT FOR PAIN MANAGEMENT UNDER THE MEDICAL
 ASSISTANCE PROGRAM. IN ESTABLISHING SUCH STANDARDS AND  GUIDELINES,  THE
 COMMISSIONER  SHALL  CONSULT  WITH  ALTERNATIVE  TREATMENT PROVIDERS AND
 OTHER INTERESTED PARTIES.
   2. FOR PURPOSES OF THIS TITLE, "ALTERNATIVE TREATMENT" MEANS NON-PHAR-
 MACEUTICAL TREATMENT FOR PAIN MANAGEMENT INCLUDING BUT  NOT  LIMITED  TO
 TREATMENT  PROVIDED  BY  (A)  A  LICENSED  ACUPUNCTURIST, (B) A LICENSED
 MASSAGE THERAPIST, AND (C) A YOGA INSTRUCTOR.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

2017-A9834A (ACTIVE) - Details

Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L; add §365-o, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A2772
2021-2022: A434
2023-2024: A1769

2017-A9834A (ACTIVE) - Summary

2017-A9834A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9834--A
 
                           I N  A S S E M B L Y
 
                             February 14, 2018
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Insurance -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  insurance  law  and the social services law, in
   relation to requiring the coverage of alternate treatment  options  by
   the medical assistance program and private health insurers

   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 35 to read as follows:
   (35)  EVERY  POLICY  WHICH PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
 COMPREHENSIVE TYPE  COVERAGE  SHALL  INCLUDE  COVERAGE  FOR  ALTERNATIVE
 TREATMENT  UTILIZED  FOR  PAIN  MANAGEMENT. COVERAGE PROVIDED UNDER THIS
 PARAGRAPH SHALL BE LIMITED TO ALTERNATIVE TREATMENT PROVIDED BY A HEALTH
 CARE PROVIDER  OR  OTHER  LICENSED  INDIVIDUAL.  FOR  PURPOSES  OF  THIS
 SUBSECTION,  "ALTERNATIVE  TREATMENT" MEANS NON-PHARMACEUTICAL TREATMENT
 FOR PAIN MANAGEMENT INCLUDING BUT NOT LIMITED TO TREATMENT  PROVIDED  BY
 (A)  A  LICENSED  ACUPUNCTURIST, (B) A LICENSED MASSAGE THERAPIST, (C) A
 LICENSED CHIROPRACTOR, AND (D) A YOGA INSTRUCTOR.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 21 to read as follows:
   (21) EVERY GROUP OR  BLANKET  POLICY  WHICH  PROVIDES  MEDICAL,  MAJOR
 MEDICAL,  OR  SIMILAR COMPREHENSIVE TYPE COVERAGE SHALL INCLUDE COVERAGE
 FOR  ALTERNATIVE  TREATMENT  UTILIZED  FOR  PAIN  MANAGEMENT.   COVERAGE
 PROVIDED  UNDER THIS PARAGRAPH SHALL BE LIMITED TO ALTERNATIVE TREATMENT
 PROVIDED BY A HEALTH CARE PROVIDER OR  OTHER  LICENSED  INDIVIDUAL.  FOR
 PURPOSES  OF  THIS SUBSECTION, "ALTERNATIVE TREATMENT" MEANS NON-PHARMA-
 CEUTICAL TREATMENT FOR PAIN MANAGEMENT  INCLUDING  BUT  NOT  LIMITED  TO
 TREATMENT  PROVIDED  BY  (A)  A  LICENSED  ACUPUNCTURIST, (B) A LICENSED
 MASSAGE THERAPIST, (C) A LICENSED CHIROPRACTOR, AND (D) A YOGA  INSTRUC-
 TOR.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ss) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14478-03-8

 A. 9834--A                          2
 
   (SS) EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
 HOSPITAL  SERVICE  CORPORATION,  OR  HEALTH  SERVICE  CORPORATION  WHICH
 PROVIDES MEDICAL , MAJOR MEDICAL, OR SIMILAR COMPREHENSIVE TYPE COVERAGE
 SHALL  INCLUDE  COVERAGE  FOR  ALTERNATIVE  TREATMENT  UTILIZED FOR PAIN
 MANAGEMENT.  COVERAGE PROVIDED UNDER THIS SUBSECTION SHALL BE LIMITED TO
 ALTERNATIVE TREATMENT PROVIDED  BY  A  HEALTH  CARE  PROVIDER  OR  OTHER
 LICENSED  INDIVIDUAL.  FOR PURPOSES OF THIS SECTION, "ALTERNATIVE TREAT-
 MENT" MEANS NON-PHARMACEUTICAL TREATMENT FOR PAIN  MANAGEMENT  INCLUDING
 BUT  NOT  LIMITED TO TREATMENT PROVIDED BY (1) A LICENSED ACUPUNCTURIST,
 (2) A LICENSED MASSAGE THERAPIST, (3) A LICENSED CHIROPRACTOR, AND (4) A
 YOGA INSTRUCTOR.
   § 4. The social services law is amended by adding a new section  365-o
 to read as follows:
   §  365-O.  PROVISION  OF ALTERNATIVE TREATMENT FOR PAIN MANAGEMENT. 1.
 THE COMMISSIONER  SHALL  ESTABLISH  STANDARDS  AND  GUIDELINES  FOR  THE
 PROVISION  OF  ALTERNATE TREATMENT FOR PAIN MANAGEMENT UNDER THE MEDICAL
 ASSISTANCE PROGRAM. IN ESTABLISHING SUCH STANDARDS AND  GUIDELINES,  THE
 COMMISSIONER  SHALL  CONSULT  WITH  ALTERNATIVE  TREATMENT PROVIDERS AND
 OTHER INTERESTED PARTIES.
   2. FOR PURPOSES OF THIS TITLE, "ALTERNATIVE TREATMENT" MEANS NON-PHAR-
 MACEUTICAL TREATMENT FOR PAIN MANAGEMENT INCLUDING BUT  NOT  LIMITED  TO
 TREATMENT  PROVIDED  BY  (A)  A  LICENSED  ACUPUNCTURIST, (B) A LICENSED
 MASSAGE THERAPIST, (C) A LICENSED CHIROPRACTOR, AND (D) A YOGA  INSTRUC-
 TOR.
   § 5. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.