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AB299 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          299

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2015
                                      ___________

       Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
         tee on Insurance

       AN  ACT  to  amend  the  insurance law, in relation to reimbursement for
         testing for familial dysautonomia, Canavan's disease and Tay-Sachs

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
    2  amended by adding a new paragraph 32 to read as follows:
    3    (32) (A) EVERY POLICY WHICH PROVIDES COVERAGE FOR  HOSPITAL,  SURGICAL
    4  OR  MEDICAL  CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY TESTS OR
    5  REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE  COVERAGE  FOR
    6  TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.
    7    (B)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
    8  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
    9  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
   10    (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
   11  TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
   12  TORY PERFORMING THE TEST FOR FAMILIAL  DYSAUTONOMIA,  CANAVAN'S  DISEASE
   13  AND  TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE OF
   14  SUCH TESTING.
   15    (D) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
   16  RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
   17  CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
   18  POLICY.
   19    S 2. Subsection (l) of section 3221 of the insurance law is amended by
   20  adding a new paragraph 19 to read as follows:
   21    (19) (A) A GROUP POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
   22  OR  MEDICAL  CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY TESTS OR
   23  REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE  COVERAGE  FOR
   24  TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01076-01-5
       A. 299                              2

    1    (B)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
    2  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
    3  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
    4    (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
    5  TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
    6  TORY  PERFORMING  THE  TEST FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE
    7  AND TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE  OF
    8  SUCH TESTING.
    9    (D)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
   10  RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
   11  CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
   12  POLICY.
   13    S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
   14  subsection (oo) to read as follows:
   15    (OO)  (1)  A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
   16  CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE  FOR
   17  HOSPITAL, SURGICAL OR MEDICAL CARE OR PROVIDES REIMBURSEMENT FOR LABORA-
   18  TORY  TESTS OR REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE
   19  COVERAGE FOR TESTING FOR FAMILIAL DYSAUTONOMIA,  CANAVAN'S  DISEASE  AND
   20  TAY-SACHS.
   21    (2)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
   22  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
   23  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
   24    (3) FOR PURPOSES OF THIS SUBSECTION, IN ORDER TO MAINTAIN  THE  CONFI-
   25  DENTIALITY  OF  PERSONS  TESTED,  RECEIPT  OF AN ACKNOWLEDGMENT FROM THE
   26  LABORATORY PERFORMING THE  TEST  FOR  FAMILIAL  DYSAUTONOMIA,  CANAVAN'S
   27  DISEASE  AND  TAY-SACHS  SHALL  BE  DEEMED  SUFFICIENT  EVIDENCE  OF THE
   28  PERFORMANCE OF SUCH TESTING.
   29    (4) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
   30  RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
   31  CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
   32  POLICY.
   33    S 4. This act shall take effect immediately.
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