S T A T E O F N E W Y O R K
________________________________________________________________________
8655
2019-2020 Regular Sessions
I N A S S E M B L Y
October 2, 2019
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to providing drug
screening for certain children; and to amend the insurance law, in
relation to providing coverage for such drug screening
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2509-a to read as follows:
§ 2509-A. DRUG SCREENING FOR CERTAIN CHILDREN. 1. EVERY CHILD TWELVE
YEARS OF AGE OR OLDER BUT YOUNGER THAN NINETEEN YEARS OF AGE SHALL AS
PART OF HIS OR HER ANNUAL PHYSICAL PROVIDED BY A HEALTH CARE PROFES-
SIONAL, BE SCREENED FOR THE USE OF DRUGS. DRUGS THAT SHALL BE SCREENED
FOR UNDER THIS SECTION SHALL BE DETERMINED BY THE COMMISSIONER. FOR
PURPOSES OF THIS SECTION THE TERM "HEALTH CARE PROFESSIONAL" SHALL MEAN
A HEALTH CARE PROFESSIONAL APPROPRIATELY LICENSED, REGISTERED OR CERTI-
FIED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW.
2. A POSITIVE RESULT TO ANY TEST RECEIVED UNDER SUBDIVISION ONE OF
THIS SECTION SHALL NOT BE REQUIRED TO BE REPORTED BY A HEALTH CARE
PROFESSIONAL PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES
LAW IN THE ABSENCE OF EVIDENCE THAT SUCH CHILD HAS OTHERWISE BEEN THE
SUBJECT OF NEGLECT OR ABUSE.
3. THE RESULTS OF ANY TEST RECEIVED UNDER SUBDIVISION ONE OF THIS
SECTION SHALL BE PROVIDED TO THE CHILD AND TO THE PARENT OR GUARDIAN OF
SUCH CHILD.
4. THE RECORDS OF ANY TEST RECEIVED UNDER SUBDIVISION ONE OF THIS
SECTION SHALL BE DESTROYED UPON THE CHILD'S NINETEENTH BIRTHDAY.
§ 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 36 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13557-04-9
A. 8655 2
(36)(A) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS
STATE SHALL PROVIDE COVERAGE FOR DRUG SCREENING AS AUTHORIZED PURSUANT
TO SECTION TWO THOUSAND FIVE HUNDRED NINE-A OF THE PUBLIC HEALTH LAW.
(B) COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL NOT BE SUBJECT
TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
(C) ANY REIMBURSEMENT MADE PURSUANT TO THIS PARAGRAPH TO A HEALTH CARE
PROVIDER SHALL BE MADE WITHOUT DISCLOSURE TO ANY PARTY OF THE RESULTS OF
SUCH DRUG SCREENING. DISCLOSURE OF THE RESULTS MAY ONLY BE MADE WITH THE
WRITTEN CONSENT OF THE PARENT OF SUCH CHILD.
§ 3. Section 3221 of the insurance law is amended by adding a new
subsection (u) to read as follows:
(U)(1) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS STATE
SHALL PROVIDE COVERAGE FOR DRUG SCREENING AS AUTHORIZED PURSUANT TO
SECTION TWO THOUSAND FIVE HUNDRED NINE-A OF THE PUBLIC HEALTH LAW.
(2) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
(3) ANY REIMBURSEMENT MADE PURSUANT TO THIS SUBSECTION TO A HEALTH
CARE PROVIDER SHALL BE MADE WITHOUT DISCLOSURE TO ANY PARTY OF THE
RESULTS OF SUCH DRUG SCREENING. DISCLOSURE OF THE RESULTS MAY ONLY BE
MADE WITH THE WRITTEN CONSENT OF THE PARENT OF SUCH CHILD.
§ 4. Section 4303 of the insurance law is amended by adding a new
subsection (ss) to read as follows:
(SS)(1) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS
STATE SHALL PROVIDE COVERAGE FOR DRUG SCREENING AS AUTHORIZED PURSUANT
TO SECTION TWO THOUSAND FIVE HUNDRED NINE-A OF THE PUBLIC HEALTH LAW.
(2) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT
TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS.
(3) ANY REIMBURSEMENT MADE PURSUANT TO THIS SUBSECTION TO A HEALTH
CARE PROVIDER SHALL BE MADE WITHOUT DISCLOSURE TO ANY PARTY OF THE
RESULTS OF SUCH DRUG SCREENING. DISCLOSURE OF THE RESULTS MAY ONLY BE
MADE WITH THE WRITTEN CONSENT OF THE PARENT OF SUCH CHILD.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law and the provisions of sections two, three and four of
this act shall apply to all policies issued, modified or renewed on or
after such date.