Assembly Bill A1038

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1038
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A. BARRETT, LUPARDO, MAGNARELLI, SAYEGH, DAVILA,
   JACKSON -- read once and referred to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  including
   Lyme  disease  and  other tick-borne diseases as occupational diseases
   for purposes of workers' compensation; and to amend the insurance law,
   in relation to coverage of long term medical care for Lyme disease and
   other tick-borne diseases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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 AND OTHER                   30. ANY PROCESS INVOLVING
 TICK-BORNE DISEASES.                         OUTDOOR ACTIVITY OR
                                              TREATMENT OF ANIMALS.
   § 2. 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.
   §  3. 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 AND OTHER TICK-BORNE DISEASES.
   § 4. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 40 to read as follows:
   (40)   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00263-01-5
              

 A. 1038                             2
 
 DISEASES. SUCH TREATMENT MAY  INCLUDE  INTRAVENOUS  ANTIBIOTIC  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. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 24 to read as follows:
   (24) 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 DISEASES. SUCH TREATMENT MAY INCLUDE
 INTRAVENOUS ANTIBIOTIC 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.
   § 6. Section  4303  of  the insurance law is amended by adding  a  new
 subsection (ww) to read as follows:
   (WW)  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 DISEASES. SUCH TREATMENT MAY INCLUDE INTRAVENOUS ANTIBIOTIC THERA-
 PY,  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.
   § 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 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.