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.