S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6369
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 5, 2023
                                ___________
 
 Introduced  by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. COLTON,
   GUNTHER -- read once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to coverage and  benefits
   of accident and health insurance policies for podiatric care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subsection (i) of section 3216 of the insur-
 ance law is amended to read as follows:
   (2) If a policy provides for reimbursement for any podiatrical service
 within the lawful scope  of  practice  of  a  licensed  podiatrist,  the
 insured  shall  be  entitled  to THE SAME reimbursement for such service
 whether it is performed by a physician or licensed podiatrist.
   § 2. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 23 to read as follows:
   (23) EVERY POLICY WHICH  PROVIDES  COVERAGE  FOR  PODIATRIC  CARE,  AS
 DEFINED IN  SECTION SEVEN THOUSAND ONE OF THE EDUCATION LAW, PROVIDED BY
 A  DOCTOR OF PODIATRY LICENSED PURSUANT TO ARTICLE ONE HUNDRED FORTY-ONE
 OF THE EDUCATION LAW, MAY BE SUBJECT TO REASONABLE  DEDUCTIBLE,  CO-PAY-
 MENT  AND  CO-INSURANCE  AMOUNTS,  REASONABLE  FEE OR BENEFIT LIMITS AND
 REASONABLE UTILIZATION REVIEW, PROVIDED THAT ANY  SUCH  AMOUNTS,  LIMITS
 AND  REVIEW:  (A)  SHALL  NOT  FUNCTION  TO DIRECT TREATMENT IN A MANNER
 DISCRIMINATIVE AGAINST PODIATRIC CARE; AND (B) INDIVIDUALLY AND  COLLEC-
 TIVELY SHALL BE NO DIFFERENT THAN THOSE APPLICABLE UNDER THAT SAME POLI-
 CY  TO  CARE  OR SERVICES PROVIDED BY OTHER HEALTH PROFESSIONALS IN  THE
 DIAGNOSIS, TREATMENT AND MANAGEMENT OF THE SAME OR  SIMILAR  CONDITIONS,
 DISORDERS  OR  INJURIES. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS
 IMPEDING OR PREVENTING EITHER THE PROVISION  OR  COVERAGE  OF  PODIATRIC
 CARE  AND  SERVICES  BY  DULY    LICENSED DOCTORS OF PODIATRY WITHIN THE
 LAWFUL SCOPE OF PODIATRIC CARE IN HOSPITAL  FACILITIES  ON  A  STAFF  OR
 EMPLOYEE BASIS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10419-01-3
 A. 6369                             2
              

 
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (vv) to read as follows:
   (VV)  EVERY  CONTRACT  ISSUED  BY  A  HEALTH  SERVICE CORPORATION OR A
 MEDICAL EXPENSE INDEMNITY CORPORATION THAT INCLUDES COVERAGE FOR  PHYSI-
 CIAN  SERVICES  IN  A PHYSICIAN'S OFFICE, THAT PROVIDES MAJOR MEDICAL OR
 SIMILAR COMPREHENSIVE-TYPE COVERAGE, AND COVERAGE FOR PODIATRIC CARE  AS
 DEFINED  IN SECTION SEVEN THOUSAND ONE OF THE EDUCATION LAW, PROVIDED BY
 A DOCTOR OF PODIATRY LICENSED PURSUANT TO ARTICLE ONE HUNDRED  FORTY-ONE
 OF  THE  EDUCATION LAW, MAY BE SUBJECT TO REASONABLE DEDUCTIBLE, CO-PAY-
 MENT AND CO-INSURANCE AMOUNTS, REASONABLE  FEE  OR  BENEFIT  LIMITS  AND
 REASONABLE  UTILIZATION  REVIEW,  PROVIDED THAT ANY SUCH AMOUNTS, LIMITS
 AND REVIEW:  (1) SHALL NOT FUNCTION TO  DIRECT  TREATMENT  IN  A  MANNER
 DISCRIMINATIVE  AGAINST PODIATRIC CARE; AND (2) INDIVIDUALLY AND COLLEC-
 TIVELY SHALL BE NO DIFFERENT THAN THOSE APPLICABLE UNDER THE SAME POLICY
 TO CARE OR SERVICES PROVIDED BY OTHER HEALTH PROFESSIONALS IN THE  DIAG-
 NOSIS,  TREATMENT  AND  MANAGEMENT  OF  THE  SAME OR SIMILAR CONDITIONS,
 DISORDERS OR INJURIES. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED  AS
 IMPEDING  OR  PREVENTING  EITHER THE PROVISIONS OR COVERAGE OF PODIATRIC
 CARE AND SERVICES BY DULY LICENSED DOCTORS OF PODIATRY WITHIN THE LAWFUL
 SCOPE OF PODIATRIC CARE IN HOSPITAL FACILITIES ON A  STAFF  OR  EMPLOYEE
 BASIS.
   §  4. 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
 or after such effective date.