The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7495
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2021
                                ___________
 
 Introduced  by M. of A. WALLACE, GOTTFRIED, MAGNARELLI, ZEBROWSKI, WOER-
   NER, GALEF, BARRON, COOK, THIELE, McDONOUGH, GLICK,  BARRETT  --  read
   once and referred to the Committee on Insurance
 
 AN  ACT to amend the insurance law and the workers' compensation law, in
   relation to coverage of long term medical care for  Lyme  disease  and
   other tick borne related pathogens
 
   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  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 SHALL INCLUDE  NOT  LESS  THAN  THIRTY
 DAYS  OF  INTRAVENOUS  ANTIBIOTIC THERAPY, SIXTY DAYS OF ORAL ANTIBIOTIC
 THERAPY, OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT IF RECOMMENDED  BY
 A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
   § 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 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
 SHALL INCLUDE NOT LESS THAN THIRTY DAYS OF INTRAVENOUS ANTIBIOTIC THERA-
 PY, SIXTY DAYS OF ORAL ANTIBIOTIC THERAPY, OR BOTH,  AND  SHALL  PROVIDE
 FURTHER  TREATMENT  IF  RECOMMENDED  BY A PHYSICIAN LICENSED TO PRACTICE
 MEDICINE IN THE STATE OF NEW YORK.
   § 3. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07579-01-1

 A. 7495                             2
 
 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 SHALL INCLUDE NOT LESS THAN
 THIRTY  DAYS OF INTRAVENOUS ANTIBIOTIC THERAPY, SIXTY DAYS OF ORAL ANTI-
 BIOTIC THERAPY, OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT  IF  RECOM-
 MENDED  BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW
 YORK.
   § 4. Paragraph 30 of subdivision  2  of  section  3  of  the  workers'
 compensation  law,  as renumbered by chapter 665 of the laws of 1971, is
 renumbered paragraph 31 and a new paragraph  30  is  added  to  read  as
 follows:
   30. LYME DISEASE                           30. ANY PROCESS INVOLVING
   (LYME BORRELIOSIS)                         OUTDOOR ACTIVITY OR
   AND OTHER TICK BORNE                       TREATMENT OF ANIMALS.
   RELATED PATHOGENS.
   §  5. The closing paragraph of subdivision 2 of section 3 of the work-
 ers' compensation law, as amended by chapter 666 of the laws of 1971, is
 amended to read as follows:
   Nothing in paragraph [thirty] THIRTY-ONE of this subdivision shall  be
 construed  to  apply  to  any  disability  or  death  due to any disease
 described in paragraph twenty-nine of this subdivision.
   § 6. Subdivision 9 of section 201 of the workers' compensation law  is
 amended by adding a new paragraph C to read as follows:
   C.  "DISABILITY"  ALSO  INCLUDES DISABILITY CAUSED BY OR IN CONNECTION
 WITH LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK BORNE RELATED PATHO-
 GENS.
   § 7. 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 rules or regulations necessary for the imple-
 mentation of this act on its effective date is authorized to be made  on
 or before such effective date.