NY State Senate Bill 2019-S1663A

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to insurance
Feb 28, 2019	print number 1663a
Feb 28, 2019	amend and recommit to insurance
Jan 15, 2019	referred to insurance

Bill Amendments

Original

A (Active)

2019-S1663 - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2017-2018 Legislative Session:: S7141

2019-S1663 - Summary

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

2019-S1663 - Sponsor Memo

                                
 
BILL NUMBER: S1663

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:

The purpose of this bill is to require that insurance companies cover
medications, medical devices or products approved by the Food and Drug
Administration to treat withdrawal symptoms.

 
SUMMARY OF PROVISIONS:

Section 1. amends subparagraph (A) of paragraph 30 of subsection (i) of
section 3216 of the insurance law to required that insurance policies
provide coverage for medications, medical devices, and products approved
by the food and drug administration related to treating symptoms from
withdrawal.

Section 2. amends subparagraph (A) of paragraph 31 of subsection (i) of
section 3216 of the insurance law to required that insurance policies
provide coverage for medications, medical devices, and products approved
by the food and drug administration related to treating symptoms from
withdrawal.

Section 3. amends paragraph 7-a of subsection (1) of section 3221 of the
insurance law to required that insurance policies provide coverage for
medical devices related to treating symptoms from withdrawal.

Section 4. amends subsection (1-1) of section 4303 of the insurance law
to required that insurance policies provide coverage for medical devices
related to treating symptoms from withdrawal.

Section 5. is the enacting clause.

 
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 gastrointestinal 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.

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding 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.

2019-S1663 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1663
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06895-01-9

 S. 1663                             2
 
 diagnosis and treatment of substance use disorder, including detoxifica-
 tion and rehabilitation services,  INCLUDING  THE  USE  OF  MEDICATIONS,
 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.

2019-S1663A (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2017-2018 Legislative Session:: S7141

2019-S1663A (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.

2019-S1663A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1663A

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:

The purpose of this bill is to require that insurance companies cover
medications, medical devices or products approved or cleared by the Food
and Drug Administration to treat withdrawal symptoms.

 
SUMMARY OF PROVISIONS:

Section 1. amends subparagraph (A) of paragraph 30 of subsection (i) of
section 3216 of the insurance law to required that insurance policies
provide coverage for medications, medical devices, and products approved
and/or cleared by the food and drug administration related to treating
symptoms from withdrawal.

Section 2. amends subparagraph (A) of paragraph 31 of subsection (i) of
section 3216 of the insurance law to required that insurance policies
provide coverage for medications, medical devices, and products approved
and/or cleared by the food and drug administration related to treating
symptoms from withdrawal.

Section 3. amends paragraph 7-a of subsection (1) of section 3221 of the
insurance law to required that insurance policies provide coverage for
medical devices related to treating symptoms from withdrawal.

Section 4. amends subsection (1-1) of section 4303 of the insurance law
to required that insurance policies provide coverage for medical devices
related to treating symptoms from withdrawal.

Section 5. is the enacting clause.

 
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 cleared a device that helps to reduce the
symptoms of opioid withdrawal. This battery-powered device is placed
behind a patient's ear and emits electric pulses into the patient's
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 gastrointestinal 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.

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding 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.

2019-S1663A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1663--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Insurance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 AND/OR CLEARED BY THE FOOD AND DRUG ADMIN-
 ISTRATION FOR THE  TREATMENT  OF  WITHDRAWAL  SYMPTOMS.  Such  inpatient
 coverage  shall  include  unlimited  medically  necessary  treatment for
 substance  use  disorder  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 consistent with the federal Paul Wellstone
 and Pete Domenici Mental Health Parity and Addiction Equity Act of  2008
 (29 U.S.C. § 1185a).

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06895-02-9

 S. 1663--A                          2
 
   §  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,
 MEDICAL DEVICES AND PRODUCTS APPROVED AND/OR CLEARED  BY  THE  FOOD  AND
 DRUG  ADMINISTRATION  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 S1663A

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

Bill Amendments

2019-S1663 - Details

2019-S1663 - Summary

2019-S1663 - Sponsor Memo

2019-S1663 - Bill Text download pdf

2019-S1663A (ACTIVE) - Details

2019-S1663A (ACTIVE) - Summary

2019-S1663A (ACTIVE) - Sponsor Memo

2019-S1663A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

John E. Brooks

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

Bill Amendments

2019-S1663 - Details

2019-S1663 - Summary

2019-S1663 - Sponsor Memo

2019-S1663 - Bill Text download pdf

2019-S1663A (ACTIVE) - Details

2019-S1663A (ACTIVE) - Summary

2019-S1663A (ACTIVE) - Sponsor Memo

2019-S1663A (ACTIVE) - Bill Text download pdf

Comments