The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    434
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Insurance
 
 AN ACT to amend the insurance  law  and  the  social  services  law,  in
   relation  to  requiring the coverage of alternate treatment options by
   the medical assistance program and private health insurers
 
   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) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR  MEDICAL,  OR  SIMILAR
 COMPREHENSIVE  TYPE  COVERAGE  SHALL  INCLUDE  COVERAGE  FOR ALTERNATIVE
 TREATMENT UTILIZED FOR PAIN MANAGEMENT.  COVERAGE  PROVIDED  UNDER  THIS
 PARAGRAPH SHALL BE LIMITED TO ALTERNATIVE TREATMENT PROVIDED BY A HEALTH
 CARE  PROVIDER  OR  OTHER  LICENSED  INDIVIDUAL.  FOR  PURPOSES  OF THIS
 SUBSECTION, "ALTERNATIVE TREATMENT" MEANS  NON-PHARMACEUTICAL  TREATMENT
 FOR  PAIN  MANAGEMENT INCLUDING BUT NOT LIMITED TO TREATMENT PROVIDED BY
 (A) A LICENSED ACUPUNCTURIST, (B) A LICENSED MASSAGE  THERAPIST,  (C)  A
 LICENSED CHIROPRACTOR, AND (D) A YOGA INSTRUCTOR.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 21 to read as follows:
   (21)  EVERY  GROUP  OR  BLANKET  POLICY  WHICH PROVIDES MEDICAL, MAJOR
 MEDICAL, OR SIMILAR COMPREHENSIVE TYPE COVERAGE SHALL  INCLUDE  COVERAGE
 FOR   ALTERNATIVE  TREATMENT  UTILIZED  FOR  PAIN  MANAGEMENT.  COVERAGE
 PROVIDED UNDER THIS PARAGRAPH SHALL BE LIMITED TO ALTERNATIVE  TREATMENT
 PROVIDED  BY  A  HEALTH  CARE PROVIDER OR OTHER LICENSED INDIVIDUAL. FOR
 PURPOSES OF THIS SUBSECTION, "ALTERNATIVE TREATMENT"  MEANS  NON-PHARMA-
 CEUTICAL  TREATMENT  FOR  PAIN  MANAGEMENT  INCLUDING BUT NOT LIMITED TO
 TREATMENT PROVIDED BY (A)  A  LICENSED  ACUPUNCTURIST,  (B)  A  LICENSED
 MASSAGE  THERAPIST, (C) A LICENSED CHIROPRACTOR, AND (D) A YOGA INSTRUC-
 TOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00510-01-1

 A. 434                              2
 
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (ss) to read as follows:
   (SS) EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
 HOSPITAL  SERVICE  CORPORATION,  OR  HEALTH  SERVICE  CORPORATION  WHICH
 PROVIDES MEDICAL , MAJOR MEDICAL, OR SIMILAR COMPREHENSIVE TYPE COVERAGE
 SHALL INCLUDE COVERAGE  FOR  ALTERNATIVE  TREATMENT  UTILIZED  FOR  PAIN
 MANAGEMENT.  COVERAGE PROVIDED UNDER THIS SUBSECTION SHALL BE LIMITED TO
 ALTERNATIVE TREATMENT PROVIDED  BY  A  HEALTH  CARE  PROVIDER  OR  OTHER
 LICENSED  INDIVIDUAL.  FOR PURPOSES OF THIS SECTION, "ALTERNATIVE TREAT-
 MENT" MEANS NON-PHARMACEUTICAL TREATMENT FOR PAIN  MANAGEMENT  INCLUDING
 BUT  NOT  LIMITED TO TREATMENT PROVIDED BY (1) A LICENSED ACUPUNCTURIST,
 (2) A LICENSED MASSAGE THERAPIST, (3) A LICENSED CHIROPRACTOR, AND (4) A
 YOGA INSTRUCTOR.
   § 4. The social services law is amended by adding a new section  365-o
 to read as follows:
   §  365-O.  PROVISION  OF ALTERNATIVE TREATMENT FOR PAIN MANAGEMENT. 1.
 THE COMMISSIONER  SHALL  ESTABLISH  STANDARDS  AND  GUIDELINES  FOR  THE
 PROVISION  OF  ALTERNATE TREATMENT FOR PAIN MANAGEMENT UNDER THE MEDICAL
 ASSISTANCE PROGRAM. IN ESTABLISHING SUCH STANDARDS AND  GUIDELINES,  THE
 COMMISSIONER  SHALL  CONSULT  WITH  ALTERNATIVE  TREATMENT PROVIDERS AND
 OTHER INTERESTED PARTIES.
   2. FOR PURPOSES OF THIS TITLE, "ALTERNATIVE TREATMENT" MEANS NON-PHAR-
 MACEUTICAL TREATMENT FOR PAIN MANAGEMENT INCLUDING BUT  NOT  LIMITED  TO
 TREATMENT  PROVIDED  BY  (A)  A  LICENSED  ACUPUNCTURIST, (B) A LICENSED
 MASSAGE THERAPIST, (C) A LICENSED CHIROPRACTOR, AND (D) A YOGA  INSTRUC-
 TOR.
   § 5. 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.