NY State Senate Bill 2017-S7141

Archive: Last Bill Status - In Senate Committee Insurance 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to insurance

co-Sponsors

2017-S7141 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2019-2020 Legislative Session:: S1663

2017-S7141 (ACTIVE) - Summary

Relates to mandating insurance coverage for medical devices and products to treat withdrawal symptoms which are approved by the food and drug administration.

2017-S7141 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7141

SPONSOR: BROOKS
 
TITLE OF BILL:  An act to amend the insurance law, in relation to
mandating insurance coverage for medical devices to treat withdrawal
symptoms

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires insurance companies to cover medications, medical devices or
products approved by the Food and Drug Administration to treat with-
drawal symptoms.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 through 4 of the bill requires every policy that provides
hospital, major medical or similar comprehensive coverage must also
provide coverage for medical devices or products that treat withdrawal
symptoms.

JUSTIFICATION:

In 2016, the Governor signed into law several provisions relating to
increasing access to treatment for substance abuse disorders.  Specif-
ically, Chapter 69 of 2016 requires insurance companies to provide
insurance coverage for medications for the treatment of substance use
disorder in the event of an emergency condition including the treatment
of withdrawal symptoms.

In November 2017, the FDA gave final approval of a device that helps to
reduce the symptoms of opioid withdrawal. This battery-powered device is
placed behind a patients ear and emits electric pulses into the patients
cranial nerves to provide relief for withdrawal symptoms. The device is
only available through a prescription and can be used for five days
during the withdrawal phase.

Opioid withdrawal symptoms include gastronintestinal issues, bone and
joint aches, tremors, insomnia, and anxiety. During testing of the
device, it was shown that all patients in the trial saw a reduction in
symptoms within 30 minutes of using the device. In addition, 88 percent
of patients transitioned to medication assisted therapy after 5 days
using the device.

While "medications" are required to be covered, it is unclear whether
this "device" would be included in the mandate from the 2016 chapter.
Therefore, this bill will clarify that in addition to medications for
the treatment of substance use disorders, "medical devices or products"
must also be covered.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
First of January next succeeding the date on which it shall become law.

2017-S7141 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7141
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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  mandating  insurance
   coverage for medical devices to treat withdrawal symptoms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (A) of  paragraph  30  of  subsection  (i)  of
 section  3216 of the insurance law, as amended by section 1 of part B of
 chapter 71 of the laws of 2016, is amended to read as follows:
   (A) Every policy that provides  hospital,  major  medical  or  similar
 comprehensive coverage must provide inpatient coverage for the diagnosis
 and  treatment  of  substance use disorder, including detoxification and
 rehabilitation services,  INCLUDING  THE  USE  OF  MEDICATIONS,  MEDICAL
 DEVICES  AND  PRODUCTS  APPROVED BY THE FOOD AND DRUG ADMINISTRATION FOR
 THE TREATMENT OF WITHDRAWAL  SYMPTOMS.  Such  inpatient  coverage  shall
 include unlimited medically necessary treatment for substance use disor-
 der  treatment  services provided in residential settings as required by
 the Mental Health Parity and Addiction Equity Act of 2008 (29  U.S.C.  §
 1185a).    Further,  such  inpatient  coverage shall not apply financial
 requirements or  treatment  limitations,  including  utilization  review
 requirements, to inpatient substance use disorder benefits that are more
 restrictive  than  the  predominant financial requirements and treatment
 limitations applied to substantially all medical and  surgical  benefits
 covered by the policy. Further, such coverage shall be provided consist-
 ent  with  the  federal  Paul  Wellstone and Pete Domenici Mental Health
 Parity and Addiction Equity Act of 2008 (29 U.S.C. § 1185a).
   § 2. Subparagraph (A) of paragraph 31 of  subsection  (i)  of  section
 3216  of  the insurance law, as added by chapter 41 of the laws of 2014,
 is amended to read as follows:
   (A) Every policy that  provides  medical,  major  medical  or  similar
 comprehensive-type  coverage  must  provide  outpatient coverage for the
 diagnosis and treatment of substance use disorder, including detoxifica-
 tion and rehabilitation services,  INCLUDING  THE  USE  OF  MEDICATIONS,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13812-01-7

 S. 7141                             2
 
 MEDICAL  DEVICES  AND  PRODUCTS  APPROVED  BY THE FOOD AND DRUG ADMINIS-
 TRATION FOR THE TREATMENT OF WITHDRAWAL SYMPTOMS.   Such coverage  shall
 not  apply financial requirements or treatment limitations to outpatient
 substance  use  disorder  benefits  that  are  more restrictive than the
 predominant financial requirements and treatment limitations applied  to
 substantially  all  medical and surgical benefits covered by the policy.
 Further, such coverage shall be provided  consistent  with  the  federal
 Paul  Wellstone  and  Pete  Domenici  Mental Health Parity and Addiction
 Equity Act of 2008 (29 U.S.C. § 1185a).
   § 3. Paragraph 7-a of subsection (l) of section 3221 of the  insurance
 law,  as added by section 2 of part B of chapter 69 of the laws of 2016,
 is amended to read as follows:
   (7-a) Every policy that provides medical,  major  medical  or  similar
 comprehensive-type large group coverage shall provide coverage for medi-
 cation  for  the  detoxification  or  maintenance  treatment,  INCLUDING
 MEDICAL DEVICES OR PRODUCTS FOR THE TREATMENT OF WITHDRAWAL SYMPTOMS, of
 a substance use disorder approved by the food  and  drug  administration
 for  the detoxification or maintenance treatment of substance use disor-
 der.
   § 4. Subsection (l-1) of section 4303 of the insurance law,  as  added
 by  section 3 of part B of chapter 69 of the laws of 2016, is amended to
 read as follows:
   (l-1) Every contract that provides medical, major medical, or  similar
 comprehensive-type large group coverage shall provide coverage for medi-
 cation  for  the  detoxification  or  maintenance  treatment,  INCLUDING
 MEDICAL DEVICES OR PRODUCTS FOR THE TREATMENT OF WITHDRAWAL SYMPTOMS, of
 a substance use disorder approved by the food  and  drug  administration
 for  the detoxification or maintenance treatment of substance use disor-
 der.
   § 5. 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, renewed, modified, altered or amended  on
 and after such date.

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Senate Bill S7141

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Archive: Last Bill Status - In Senate Committee Insurance Committee

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co-Sponsors

2017-S7141 (ACTIVE) - Details

2017-S7141 (ACTIVE) - Summary

2017-S7141 (ACTIVE) - Sponsor Memo

2017-S7141 (ACTIVE) - Bill Text download pdf

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Sponsored By

John E. Brooks

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

co-Sponsors

Timothy M. Kennedy

2017-S7141 (ACTIVE) - Details

2017-S7141 (ACTIVE) - Summary

2017-S7141 (ACTIVE) - Sponsor Memo

2017-S7141 (ACTIVE) - Bill Text download pdf

Comments