Assembly Bill A9865

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9865
 
                           I N  A S S E M B L Y
 
                             February 14, 2018
                                ___________
 
 Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance law, in relation to requiring that private
   health insurance policies provide coverage for incontinence supplies
 
   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 WHICH PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
 COMPREHENSIVE  TYPE  COVERAGE  SHALL  PROVIDE  COVERAGE FOR INCONTINENCE
 SUPPLIES. SUCH PROGRAM SHALL PROVIDE INCONTINENCE  SUPPLIES  TO  PERSONS
 THAT  MEET  THE PROGRAM ELIGIBILITY REQUIREMENTS ESTABLISHED IN SUBPARA-
 GRAPH (B) OF THIS PARAGRAPH. FOR PURPOSES OF THIS  PARAGRAPH,  "INCONTI-
 NENCE  SUPPLIES"  SHALL MEAN PRODUCTS DESIGNED TO HELP MANAGE URINARY OR
 BOWEL OUTPUT. SUCH PRODUCTS  SHALL  BE  INTENDED  TO  PROTECT  CLOTHING,
 BEDDING,  AND  FURNITURE  AND  SHALL CONSIST OF ITEMS INCLUDING, BUT NOT
 LIMITED TO, PROTECTIVE UNDERWEAR,  CLOTHS,  WIPES,  BEDDING  PROTECTION,
 CLEANERS, CREAMS, LOTIONS, BEDPANS, AND URINALS.
   (B) TO QUALIFY FOR COVERAGE UNDER THIS PARAGRAPH, A PERSON SHALL:
   (I) BE A RESIDENT OF THE STATE OF NEW YORK; AND
   (II)  OBTAIN  A NOTE FROM A PHYSICIAN INDICATING A NEED FOR AN ITEM IN
 ACCORDANCE WITH SUBPARAGRAPH (A) OF THIS PARAGRAPH.
   (C) COVERAGE PROVIDED UNDER THIS PARAGRAPH SHALL BE SUBJECT TO  A  CAP
 ON  ALLOWANCES GRANTED OF EIGHTY DOLLARS, EVERY THREE MONTHS, PER ELIGI-
 BLE PERSON.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 20 to read as follows:
   (20)(A) EVERY GROUP OR BLANKET POLICY WHICH  PROVIDES  MEDICAL,  MAJOR
 MEDICAL,  OR  SIMILAR COMPREHENSIVE TYPE COVERAGE SHALL PROVIDE COVERAGE
 FOR INCONTINENCE  SUPPLIES.  SUCH  PROGRAM  SHALL  PROVIDE  INCONTINENCE
 SUPPLIES  TO  PERSONS  THAT  MEET  THE  PROGRAM ELIGIBILITY REQUIREMENTS
 ESTABLISHED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH. FOR PURPOSES OF  THIS
 PARAGRAPH,  "INCONTINENCE SUPPLIES" SHALL MEAN PRODUCTS DESIGNED TO HELP
 MANAGE URINARY OR BOWEL OUTPUT.  SUCH  PRODUCTS  SHALL  BE  INTENDED  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14462-01-8

 A. 9865                             2
 
 PROTECT  CLOTHING,  BEDDING,  AND  FURNITURE  AND SHALL CONSIST OF ITEMS
 INCLUDING, BUT NOT LIMITED  TO,  PROTECTIVE  UNDERWEAR,  CLOTHS,  WIPES,
 BEDDING PROTECTION, CLEANERS, CREAMS, LOTIONS, BEDPANS, AND URINALS.
   (B) TO QUALIFY FOR COVERAGE UNDER THIS PARAGRAPH, A PERSON SHALL:
   (I) BE A RESIDENT OF THE STATE OF NEW YORK; AND
   (II)  OBTAIN  A NOTE FROM A PHYSICIAN INDICATING A NEED FOR AN ITEM IN
 ACCORDANCE WITH SUBPARAGRAPH (A) OF THIS PARAGRAPH.
   (C) COVERAGE PROVIDED UNDER THIS PARAGRAPH SHALL BE SUBJECT TO  A  CAP
 ON  ALLOWANCES GRANTED OF EIGHTY DOLLARS, EVERY THREE MONTHS, PER ELIGI-
 BLE PERSON.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (rr) to read as follows:
   (RR)(1)  EVERY CONTRACT ISSUED BY A HOSPITAL SERVICE COMPANY OR HEALTH
 SERVICE CORPORATION WHICH PROVIDES MAJOR MEDICAL OR  SIMILAR  COMPREHEN-
 SIVE-TYPE  COVERAGE  SHALL  INCLUDE  COVERAGE FOR INCONTINENCE SUPPLIES.
 SUCH PROGRAM SHALL PROVIDE INCONTINENCE SUPPLIES TO  PERSONS  THAT  MEET
 THE  PROGRAM  ELIGIBILITY  REQUIREMENTS  ESTABLISHED IN PARAGRAPH TWO OF
 THIS SUBSECTION. FOR PURPOSES OF THIS SECTION,  "INCONTINENCE  SUPPLIES"
 SHALL  MEAN  PRODUCTS  DESIGNED  TO HELP MANAGE URINARY OR BOWEL OUTPUT.
 SUCH PRODUCTS SHALL BE INTENDED TO PROTECT CLOTHING, BEDDING, AND FURNI-
 TURE AND SHALL CONSIST OF ITEMS INCLUDING, BUT NOT LIMITED  TO,  PROTEC-
 TIVE  UNDERWEAR,  CLOTHS,  WIPES,  BEDDING PROTECTION, CLEANERS, CREAMS,
 LOTIONS, BEDPANS, AND URINALS.
   (2) TO QUALIFY FOR COVERAGE UNDER THIS SUBSECTION, A PERSON SHALL:
   (I) BE A RESIDENT OF THE STATE OF NEW YORK; AND
   (II) OBTAIN A NOTE FROM A PHYSICIAN INDICATING A NEED FOR AN  ITEM  IN
 ACCORDANCE WITH PARAGRAPH ONE OF THIS SUBSECTION.
   (3)  COVERAGE PROVIDED UNDER THIS SUBSECTION SHALL BE SUBJECT TO A CAP
 ON ALLOWANCES GRANTED OF EIGHTY DOLLARS, EVERY THREE MONTHS, PER  ELIGI-
 BLE PERSON.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply  to  policies  and  contracts  issued,
 renewed, modified, altered or amended on or after such effective date.