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A01628 Summary:

BILL NOA01628
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSR
 
MLTSPNSR
 
Amd §§3216, 3221 & 4303, Ins L; add §365-q, Soc Serv L
 
Requires that non-pharmaceutical alternative treatment options including but not limited to treatment provided by a licensed acupuncturist, licensed massage therapist, licensed chiropractor, and yoga instructor be covered by the medical assistance program and by private health insurers.
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A01628 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1628
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  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:
 
     1    Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
     2  amended by adding a new paragraph 40 to read as follows:
     3    (40) Every policy which provides medical, major  medical,  or  similar
     4  comprehensive  type  coverage  shall  include  coverage  for alternative
     5  treatment utilized for pain management.  Coverage  provided  under  this
     6  paragraph shall be limited to alternative treatment provided by a health
     7  care  provider  or  other  licensed  individual.  For  purposes  of this
     8  subsection, "alternative treatment" means  non-pharmaceutical  treatment
     9  for  pain  management including but not limited to treatment provided by
    10  (A) a licensed acupuncturist, (B) a licensed massage  therapist,  (C)  a
    11  licensed chiropractor, and (D) a yoga instructor.
    12    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    13  adding a new paragraph 23 to read as follows:
    14    (23)  Every  group  or  blanket  policy  which provides medical, major
    15  medical, or similar comprehensive type coverage shall  include  coverage
    16  for   alternative  treatment  utilized  for  pain  management.  Coverage
    17  provided under this paragraph shall be limited to alternative  treatment
    18  provided  by  a  health  care provider or other licensed individual. For
    19  purposes of this subsection, "alternative treatment"  means  non-pharma-
    20  ceutical  treatment  for  pain  management  including but not limited to
    21  treatment provided by (A)  a  licensed  acupuncturist,  (B)  a  licensed
    22  massage  therapist, (C) a licensed chiropractor, and (D) a yoga instruc-
    23  tor.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03981-01-5

        A. 1628                             2
 
     1    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
     2  subsection (ww) to read as follows:
     3    (ww) Every contract issued by a medical expense indemnity corporation,
     4  hospital  service  corporation,  or  health  service  corporation  which
     5  provides medical, major medical, or similar comprehensive type  coverage
     6  shall  include  coverage  for  alternative  treatment  utilized for pain
     7  management. Coverage provided under this subsection shall be limited  to
     8  alternative  treatment  provided  by  a  health  care  provider or other
     9  licensed individual. For purposes of this section,  "alternative  treat-
    10  ment"  means  non-pharmaceutical treatment for pain management including
    11  but not limited to treatment provided by (1) a  licensed  acupuncturist,
    12  (2) a licensed massage therapist, (3) a licensed chiropractor, and (4) a
    13  yoga instructor.
    14    §  4. The social services law is amended by adding a new section 365-q
    15  to read as follows:
    16    § 365-q. Provision of alternative treatment for  pain  management.  1.
    17  The  commissioner  shall  establish  standards  and  guidelines  for the
    18  provision of alternate treatment for pain management under  the  medical
    19  assistance  program.  In establishing such standards and guidelines, the
    20  commissioner shall consult  with  alternative  treatment  providers  and
    21  other interested parties.
    22    2. For purposes of this title, "alternative treatment" means non-phar-
    23  maceutical  treatment  for  pain management including but not limited to
    24  treatment provided by (a)  a  licensed  acupuncturist,  (b)  a  licensed
    25  massage  therapist, (c) a licensed chiropractor, and (d) a yoga instruc-
    26  tor.
    27    § 5. This act shall take effect on the one hundred twentieth day after
    28  it shall have become a law. Effective immediately, the addition,  amend-
    29  ment and/or repeal of any rule or regulation necessary for the implemen-
    30  tation  of  this act on its effective date are authorized to be made and
    31  completed on or before such effective date.
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