S T A T E O F N E W Y O R K
________________________________________________________________________
1240
2021-2022 Regular Sessions
I N A S S E M B L Y
January 7, 2021
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Introduced by M. of A. CAHILL, FAHY, STECK, WOERNER, GRIFFIN, REYES --
read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to authorizing health
insurance reimbursement for certified registered nurse anesthetists
providing anesthesia services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs 27 and 28 of subsection (i) of section 3216 of
the insurance law, paragraph 27 as added by chapter 536 of the laws of
2010 and paragraph 28 as added by chapter 589 of the laws of 2011, are
renumbered paragraphs 36 and 37 respectively and a new paragraph 38 is
added to read as follows:
(38) AT THE DISCRETION OF THE INSURER, ANESTHESIA SERVICES PROVIDED BY
A CERTIFIED REGISTERED NURSE ANESTHETIST MAY BE ELIGIBLE FOR REIMBURSE-
MENT UNDER ANY POLICY WHICH PROVIDES FOR COVERAGE FOR ANESTHESIA
SERVICES. PROVIDED HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL BE
CONSTRUED TO REQUIRE AN INSURER TO REIMBURSE BOTH A PHYSICIAN AND A
CERTIFIED REGISTERED NURSE ANESTHETIST FOR PROVIDING THE SAME ANESTHE-
SIOLOGY SERVICES. THE TERM "CERTIFIED REGISTERED NURSE ANESTHETIST" AS
USED IN THIS PARAGRAPH SHALL MEAN A PERSON WHO HAS SATISFACTORILY
COMPLETED EDUCATIONAL PREPARATION FOR PROVISION OF THESE SERVICES IN A
PROGRAM REGISTERED BY THE DEPARTMENT OF EDUCATION OR IN A PROGRAM
ACCREDITED BY A NATIONAL BODY RECOGNIZED BY THE DEPARTMENT OF EDUCATION
OR DETERMINED BY THE DEPARTMENT OF EDUCATION TO BE THE EQUIVALENT; AND
SUBMIT EVIDENCE OF CURRENT CERTIFICATION OR RECERTIFICATION BY A
NATIONAL CERTIFYING BODY, RECOGNIZED BY THE DEPARTMENT OF EDUCATION.
§ 2. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 21 to read as follows:
(21) AT THE DISCRETION OF THE INSURER, ANESTHESIA SERVICES PROVIDED BY
A CERTIFIED REGISTERED NURSE ANESTHETIST MAY BE ELIGIBLE FOR REIMBURSE-
MENT UNDER ANY POLICY WHICH PROVIDES FOR COVERAGE FOR ANESTHESIA
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01349-01-1
A. 1240 2
SERVICES. PROVIDED HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL BE
CONSTRUED TO REQUIRE AN INSURER TO REIMBURSE BOTH A PHYSICIAN AND A
CERTIFIED REGISTERED NURSE ANESTHETIST FOR PROVIDING THE SAME ANESTHE-
SIOLOGY SERVICES. THE TERM "CERTIFIED REGISTERED NURSE ANESTHETIST" AS
USED IN THIS PARAGRAPH SHALL MEAN A PERSON WHO HAS SATISFACTORILY
COMPLETED EDUCATIONAL PREPARATION FOR PROVISION OF THESE SERVICES IN A
PROGRAM REGISTERED BY THE DEPARTMENT OF EDUCATION OR IN A PROGRAM
ACCREDITED BY A NATIONAL BODY RECOGNIZED BY THE DEPARTMENT OF EDUCATION
OR DETERMINED BY THE DEPARTMENT OF EDUCATION TO BE THE EQUIVALENT; AND
SUBMIT EVIDENCE OF CURRENT CERTIFICATION OR RECERTIFICATION BY A
NATIONAL CERTIFYING BODY, RECOGNIZED BY THE DEPARTMENT OF EDUCATION.
§ 3. Section 4303 of the insurance law is amended by adding a new
subsection (ss) to read as follows:
(SS) AT THE DISCRETION OF THE INSURER, ANESTHESIA SERVICES PROVIDED BY
A CERTIFIED REGISTERED NURSE ANESTHETIST MAY BE ELIGIBLE FOR REIMBURSE-
MENT UNDER ANY POLICY WHICH PROVIDES FOR COVERAGE FOR ANESTHESIA
SERVICES. PROVIDED HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL BE
CONSTRUED TO REQUIRE AN INSURER TO REIMBURSE BOTH A PHYSICIAN AND A
CERTIFIED REGISTERED NURSE ANESTHETIST FOR PROVIDING THE SAME ANESTHE-
SIOLOGY SERVICES. THE TERM "CERTIFIED REGISTERED NURSE ANESTHETIST" AS
USED IN THIS SUBSECTION SHALL MEAN A PERSON WHO HAS SATISFACTORILY
COMPLETED EDUCATIONAL PREPARATION FOR PROVISION OF THESE SERVICES IN A
PROGRAM REGISTERED BY THE DEPARTMENT OF EDUCATION OR IN A PROGRAM
ACCREDITED BY A NATIONAL BODY RECOGNIZED BY THE DEPARTMENT OF EDUCATION
OR DETERMINED BY THE DEPARTMENT OF EDUCATION TO BE THE EQUIVALENT; AND
SUBMIT EVIDENCE OF CURRENT CERTIFICATION OR RECERTIFICATION BY A
NATIONAL CERTIFYING BODY, RECOGNIZED BY THE DEPARTMENT OF EDUCATION.
§ 4. This act shall take effect January 1, 2023 and shall apply to
policies and contracts issued, renewed, modified, altered or amended on
or after such effective date.