S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4713
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 coverage of long  term
   medical  care for Lyme disease and other tick borne related pathogens;
   and to amend the tax law and the state finance  law,  in  relation  to
   providing   for  taxpayer  gifts  for  tick  borne  illness  research,
   detection and  education  and  establishing  the  tick  borne  illness
   research, detection and education fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "tick borne
 illness treatment and education act of 2017".
   § 2. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 34 to read as follows:
   (34) EVERY INSURER ISSUING A POLICY OF ACCIDENT AND  HEALTH  INSURANCE
 FOR  DELIVERY  IN  THIS  STATE  SHALL PROVIDE COVERAGE FOR ALL COSTS FOR
 TREATMENT OF LYME  DISEASE  (LYME  BORRELIOSIS)  AND  OTHER  TICK  BORNE
 RELATED  PATHOGENS.    SUCH TREATMENT MAY INCLUDE INTRAVENOUS ANTIBIOTIC
 THERAPY, ORAL ANTIBIOTIC THERAPY, OR ANY OTHER TREATMENT, OR ANY  COMBI-
 NATION OF TREATMENTS, PROVIDED SUCH TREATMENT IS RECOMMENDED BY A PHYSI-
 CIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   § 3. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
 THIS  STATE  WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
 PROVIDE COVERAGE FOR ALL COSTS  FOR  TREATMENT  OF  LYME  DISEASE  (LYME
 BORRELIOSIS) AND OTHER TICK BORNE RELATED PATHOGENS.  SUCH TREATMENT MAY
 INCLUDE  INTRAVENOUS ANTIBIOTIC THERAPY, ORAL ANTIBIOTIC THERAPY, OR ANY
 OTHER TREATMENT, OR ANY COMBINATION OF TREATMENTS, PROVIDED SUCH  TREAT-
 MENT  IS RECOMMENDED BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE
 STATE OF NEW YORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01422-01-7

 S. 4713                             2
 
   § 4. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (oo) to read as follows:
   (OO)  EVERY  MEDICAL  EXPENSE  INDEMNITY CORPORATION, HOSPITAL SERVICE
 CORPORATION AND HEALTH SERVICE CORPORATION WHICH PROVIDES  COVERAGE  FOR
 MEDICAL,  SURGICAL  OR MAJOR MEDICAL CARE SHALL PROVIDE COVERAGE FOR ALL
 COSTS FOR TREATMENT OF LYME DISEASE (LYME BORRELIOSIS)  AND  OTHER  TICK
 BORNE RELATED PATHOGENS.  SUCH TREATMENT MAY INCLUDE INTRAVENOUS ANTIBI-
 OTIC  THERAPY,  ORAL  ANTIBIOTIC THERAPY, OR ANY OTHER TREATMENT, OR ANY
 COMBINATION OF TREATMENTS, PROVIDED SUCH TREATMENT IS RECOMMENDED  BY  A
 PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   §  5.  The tax law is amended by adding a new section 209-K to read as
 follows:
   § 209-K. GIFT FOR TICK BORNE ILLNESS RESEARCH,  DETECTION  AND  EDUCA-
 TION.    A  TAXPAYER  IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
 SUPPORT OF THE TICK BORNE  ILLNESS  RESEARCH,  DETECTION  AND  EDUCATION
 FUND.  SUCH  CONTRIBUTION  SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL
 NOT REDUCE THE AMOUNT OF THE  STATE  TAX  OWED  BY  SUCH  TAXPAYER.  THE
 COMMISSIONER  SHALL  INCLUDE SPACE ON THE CORPORATE INCOME TAX RETURN TO
 ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
 BE CREDITED TO THE TICK BORNE ILLNESS RESEARCH, DETECTION AND  EDUCATION
 FUND  AND  SHALL  BE  USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION
 NINETY-SEVEN-CC OF THE STATE FINANCE LAW.
   § 6. The tax law is amended by adding a new section 630-e to  read  as
 follows:
   §  630-E.  GIFT  FOR TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCA-
 TION.  AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO  THE
 TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. SUCH CONTRIB-
 UTION  SHALL  BE  IN  ANY  WHOLE  DOLLAR AMOUNT AND SHALL NOT REDUCE THE
 AMOUNT OF STATE TAX OWED BY  SUCH  INDIVIDUAL.  THE  COMMISSIONER  SHALL
 INCLUDE  SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO
 MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW  ALL
 REVENUES  COLLECTED  PURSUANT  TO  THIS SECTION SHALL BE CREDITED TO THE
 TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND AND USED  ONLY
 FOR  THOSE  PURPOSES  ENUMERATED IN SECTION NINETY-SEVEN-CC OF THE STATE
 FINANCE LAW.
   § 7. The state finance law is amended by adding a new section 97-cc to
 read as follows:
   § 97-CC. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. 1.
 THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER  OF
 TAXATION  AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS
 THE "TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
 OF  TAXATION  AND  FINANCE,  PURSUANT  TO THE PROVISIONS OF SECTIONS TWO
 HUNDRED NINE-K AND SIX HUNDRED THIRTY-E OF THE TAX  LAW  AND  ALL  OTHER
 MONEYS  APPROPRIATED,  CREDITED,  OR  TRANSFERRED THERETO FROM ANY OTHER
 FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION  SHALL
 PREVENT  THE  STATE  FROM  RECEIVING  GRANTS,  GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR  TICK  BORNE  ILLNESS
 RESEARCH,  DETECTION  AND EDUCATION PROJECTS PURSUANT TO SECTION TWENTY-
 SEVEN HUNDRED NINETY-EIGHT OF THE PUBLIC HEALTH LAW.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF HEALTH.

 S. 4713                             3
 
   5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
 THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
 END OF THAT FISCAL YEAR.
   § 8. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal of any  rules  or  regulations
 necessary  for  the implementation of this act on its effective date are
 authorized to be made on or before such effective date.