S T A T E O F N E W Y O R K
________________________________________________________________________
7826
I N S E N A T E
March 1, 2018
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring prescription
drug coverage to include such supplements and vitamins, medical foods,
and other medications as shall be deemed necessary to mitigate and/or
treat the symptoms of mitochondrial disease
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 COVERAGE FOR PRESCRIPTION DRUGS
SHALL INCLUDE COVERAGE FOR THE COST OF SUCH SUPPLEMENTS AND VITAMINS,
MEDICAL FOODS, AND OTHER MEDICATIONS USED TO TREAT THE SYMPTOMS ASSOCI-
ATED WITH MITOCHONDRIAL DISEASE AS A PHYSICIAN SHALL DEEM NECESSARY TO
MITIGATE AND/OR TREAT THE SYMPTOMS OF SUCH MITOCHONDRIAL DISEASE DIAG-
NOSED THROUGH CLINICAL ASSESSMENT, MUSCLE BIOPSY, BIOCHEMICAL TESTING OR
GENETIC TESTING IN A COVERED PERSON.
(B) SUCH COVERAGE MAY BE SUBJECT TO SUCH ANNUAL DEDUCTIBLES AND COIN-
SURANCE AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
CONSISTENT WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN THE POLICY.
§ 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 22 to read as follows:
(22) (A) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIV-
ERY IN THIS STATE THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL
INCLUDE COVERAGE FOR THE COST OF SUCH SUPPLEMENTS AND VITAMINS, MEDICAL
FOODS, AND OTHER MEDICATIONS USED TO TREAT THE SYMPTOMS ASSOCIATED WITH
MITOCHONDRIAL DISEASE AS A PHYSICIAN SHALL DEEM NECESSARY TO MITIGATE
AND/OR TREAT THE SYMPTOMS OF SUCH MITOCHONDRIAL DISEASE DIAGNOSED
THROUGH CLINICAL ASSESSMENT, MUSCLE BIOPSY, BIOCHEMICAL TESTING OR
GENETIC TESTING IN A COVERED PERSON.
(B) SUCH COVERAGE MAY BE SUBJECT TO SUCH ANNUAL DEDUCTIBLES AND COIN-
SURANCE AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
CONSISTENT WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN THE POLICY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14787-01-8
S. 7826 2
§ 3. Section 4303 of the insurance law is amended by adding a new
subsection (oo) to read as follows:
(OO) (1) EVERY CONTRACT ISSUED BY A CORPORATION SUBJECT TO THE
PROVISIONS OF THIS ARTICLE WHICH PROVIDES COVERAGE FOR PRESCRIPTION
DRUGS SHALL INCLUDE COVERAGE FOR THE COST OF SUCH SUPPLEMENTS AND VITA-
MINS, MEDICAL FOODS, AND OTHER MEDICATIONS USED TO TREAT THE SYMPTOMS
ASSOCIATED WITH MITOCHONDRIAL DISEASE AS A PHYSICIAN SHALL DEEM NECES-
SARY TO MITIGATE AND/OR TREAT THE SYMPTOMS OF SUCH MITOCHONDRIAL DISEASE
DIAGNOSED THROUGH CLINICAL ASSESSMENT, MUSCLE BIOPSY, BIOCHEMICAL TEST-
ING OR GENETIC TESTING IN A COVERED PERSON.
(2) SUCH COVERAGE MAY BE SUBJECT TO SUCH ANNUAL DEDUCTIBLES AND COIN-
SURANCE AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
CONSISTENT WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN THE
CONTRACT.
§ 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
policies and contracts issued, reissued, renewed, modified or amended on
or after such date.