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S04816 Summary:

BILL NOS04816
 
SAME ASSAME AS A01038
 
SPONSORRYAN C
 
COSPNSRMAY, ROLISON, WEBB
 
MLTSPNSR
 
Amd §§3 & 201, Work Comp L; amd §§3216, 3221 & 4303, Ins L
 
Includes Lyme disease and other tick-borne diseases as occupational diseases for purposes of workers' compensation; clarifies that disability includes disability caused by Lyme disease or other tick-borne diseases; requires insurance coverage of long term medical care for Lyme disease and other tick borne diseases.
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S04816 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4816
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 13, 2025
                                       ___________
 
        Introduced  by  Sen. C. RYAN -- read twice and ordered printed, and when
          printed to be committed 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:
 
     1    Section  1. Paragraph 30 of subdivision 2 of section 3 of the workers'
     2  compensation law, as renumbered by chapter 665 of the laws of  1971,  is
     3  renumbered  paragraph  31  and  a  new  paragraph 30 is added to read as
     4  follows:
     5  30. Lyme disease and other                   30. Any process involving
     6  tick-borne diseases.                         outdoor activity or
     7                                               treatment of animals.
     8    § 2. The closing paragraph of subdivision 2 of section 3 of the  work-
     9  ers' compensation law, as amended by chapter 666 of the laws of 1971, is
    10  amended to read as follows:
    11    Nothing  in paragraph [thirty] thirty-one of this subdivision shall be
    12  construed to apply to  any  disability  or  death  due  to  any  disease
    13  described in paragraph twenty-nine of this subdivision.
    14    §  3. Subdivision 9 of section 201 of the workers' compensation law is
    15  amended by adding a new paragraph C to read as follows:
    16    C. "Disability" also includes disability caused by  or  in  connection
    17  with Lyme disease and other tick-borne diseases.
    18    § 4. Subsection (i) of section 3216 of the insurance law is amended by
    19  adding a new paragraph 40 to read as follows:
    20    (40)   Every insurer issuing a policy of accident and health insurance
    21  for delivery in this state shall provide  coverage  for   all costs  for
    22  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

        S. 4816                             2
 
     1  diseases. Such treatment may  include  intravenous  antibiotic  therapy,
     2  oral  antibiotic  therapy, or any other treatment, or any combination of
     3  treatments, provided  such  treatment  is  recommended  by  a  physician
     4  licensed to practice medicine in the state of New York.
     5    § 5. Subsection (k) of section 3221 of the insurance law is amended by
     6  adding a new paragraph 24 to read as follows:
     7    (24) Every group or blanket policy delivered or issued for delivery in
     8  this  state  which provides hospital, surgical or medical coverage shall
     9  provide coverage for all costs  for  treatment  of  Lyme  disease  (Lyme
    10  borreliosis)  and  other tick-borne diseases. Such treatment may include
    11  intravenous antibiotic therapy, oral antibiotic therapy,  or  any  other
    12  treatment,  or any combination of treatments, provided such treatment is
    13  recommended by a physician licensed to practice medicine in the state of
    14  New York.
    15    § 6. Section  4303  of  the insurance law is amended by adding  a  new
    16  subsection (ww) to read as follows:
    17    (ww)  Every  medical  expense  indemnity corporation, hospital service
    18  corporation and health service corporation which provides  coverage  for
    19  medical,  surgical  or major medical care shall provide coverage for all
    20  costs for treatment of Lyme disease (Lyme borreliosis) and  other  tick-
    21  borne diseases. Such treatment may include intravenous antibiotic thera-
    22  py,  oral antibiotic therapy, or any other treatment, or any combination
    23  of treatments, provided such treatment is  recommended  by  a  physician
    24  licensed to practice medicine in the state of New York.
    25    § 7. This act shall take effect on the one hundred twentieth day after
    26  it  shall have become a law. Effective immediately, the addition, amend-
    27  ment and/or repeal of any rule or regulation necessary for the implemen-
    28  tation of this act on its effective date are authorized to be  made  and
    29  completed on or before such effective date.
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