Assembly Bill A11146

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11146
 
                           I N  A S S E M B L Y
 
                             November 6, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
   read once and referred to the Committee 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 36 to read as follows:
   (36)(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 21 to read as follows:
   (21)(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.
                                                            LBD00854-03-0

 A. 11146                            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 (ss) to read as follows:
   (SS)(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.