NY State Senate Bill 2019-S426

Senate Bill S426

2019-2020 Legislative Session

Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to insurance
Jan 09, 2019	referred to insurance

co-Sponsors

2019-S426 (ACTIVE) - Details

See Assembly Version of this Bill:: A178
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L; add §§209-M & 630-g, Tax L; add §97-cc, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3478, A5174
2015-2016: S46, A1277
2017-2018: S4713, A114
2021-2022: S998, A1183
2023-2024: S3232, A4598

2019-S426 (ACTIVE) - Summary

Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens; provides for taxpayer gifts for tick borne illness research, detection and education; establishes the tick borne illness research, detection and education fund.

2019-S426 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S426

SPONSOR: HOYLMAN
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require health insurers to provide coverage for long term medical
care for Lyme disease and other tick borne related pathogens. To
increase public awareness and community outreach for prevention of tick
bites and treatment of tick borne illness symptoms. To provide funding
and encourage charitable donations for research and efforts to raise
public awareness of tick borne illness.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 titles the bill the "Tick borne illness treatment and educa-
tion act of 2013 (The TickBITE Act)."

Section 2 adds Lyme disease to those ailments covered by insurance law
by amending subsection (i) of section 3216 of the insurance law by
adding a new paragraph 34.

Section 3 amends subsection (1) of section 3221 of the insurance law by
adding a new paragraph 22.

Section 4 amends section 4303 of the insurance law by adding a new
subsection (oo).

Section 5 amends the tax law by adding new section 209-n, to allow for
taxpayer gifts for tick borne illness, research and education.

Section 6 amends the tax law by adding new section 630-e.

Section 7 amends the state finance law by adding new section 97-cc to
establish the "tick borne illness research, detection and education
fund."

Section 8 sets the effective date.

 
JUSTIFICATION:

Insurance law currently fails to cover tick borne illness. The spread of
Lyme Disease in the Hudson Valley and other parts of New York State has
been growing steadily in the past few years.

 
PRIOR LEGISLATIVE HISTORY:

S.4713 of 2017-2018 (Hoylman): Died in Insurance
A.114 of 2017-2018  (Cahill): Died in Insurance
2015-2016: Died in Committee

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law provided, however, that effective immediately,
the addition, amendment and/or repeal of any rules or regulations neces-
sary for the implementation of this act on its effective date are
authorized to be made on or before such effective date.

2019-S426 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    426
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, MAYER, SERRANO -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Insur-
   ance
 
 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 2019".
   § 2. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 35 to read as follows:
   (35)  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01925-01-9

 S. 426                              2
 
 MENT IS RECOMMENDED BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN  THE
 STATE OF NEW YORK.
   §  4.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ss) to read as follows:
   (SS) 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-M to  read  as
 follows:
   §  209-M.  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-g to read as
 follows:
   § 630-G. 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-M  AND  SIX  HUNDRED THIRTY-G 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.

 S. 426                              3
 
   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.
   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. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S426

Share this bill

Sponsored By

Brad Hoylman-Sigal