NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A783
SPONSOR: Cahill TITLE OF BILL:
An act to amend the public health law, in relation to coverage of ostomy
supplies in the child health plus program
PURPOSE OR GENERAL IDEA OF THE BILL:
This bill would require the child health plus program to include ostomy
equipment and supplies as a covered health care service.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 7 of section 2510 of the public health law
by adding ostomy equipment and supplies to the list of covered health
services.
Section 2 is the effective date of the bill.
JUSTIFICATION:
New York's Child Health Plus program currently provides no coverage for
ostomy supplies and equipment for low-income children under the age of
19. There are several reasons why children have ostomies, including
birth defects such as spina bifida, exstrophy of the bladder and imper-
forate anus. Children may also develop other disorders that may require
an ostomy, such as ulcerative colitis, Crohn's Disease, polyposis,
malignancy, injury and nerve damage. Out of pocket costs for ostomy
supplies vary and are dependent upon the complications of the ostomy.
Complex ostomies result in greater monthly utilization of ostomy
supplies and equipment. The cost to consumers can easily exceed hundreds
of dollars per month. Children enrolled in the Child Health Plus program
cannot be covered under other health insurance to help defray the cost
of ostomy supplies.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A.548 - Reported to Ways and Means
2017-2018: A.1509 - Reported to Ways and Means
2015-2016: A.1038 - Referred to Health
2013-2014: A.10072 - Passed Assembly
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
783
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. CAHILL, BARRON -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to coverage of ostomy
supplies in the child health plus program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 2510 of the public health law, as
2 amended by chapter 428 of the laws of 2013, is amended to read as
3 follows:
4 7. "Covered health care services" means: the services of physicians,
5 optometrists, nurses, nurse practitioners, midwives and other related
6 professional personnel which are provided on an outpatient basis,
7 including routine well-child visits; diagnosis and treatment of illness
8 and injury; inpatient health care services; laboratory tests; diagnostic
9 x-rays; prescription and non-prescription drugs, ostomy supplies and
10 durable medical equipment; radiation therapy; chemotherapy; hemodialy-
11 sis; outpatient blood clotting factor products and other treatments and
12 services furnished in connection with the care of hemophilia and other
13 blood clotting protein deficiencies; emergency room services; hospice
14 services; emergency, preventive and routine dental care, including
15 medically necessary orthodontia but excluding cosmetic surgery; emergen-
16 cy, preventive and routine vision care, including eyeglasses; speech and
17 hearing services; and, inpatient and outpatient mental health, alcohol
18 and substance abuse services as defined by the commissioner in consulta-
19 tion with the superintendent. "Covered health care services" shall not
20 include drugs, procedures and supplies for the treatment of erectile
21 dysfunction when provided to, or prescribed for use by, a person who is
22 required to register as a sex offender pursuant to article six-C of the
23 correction law, provided that any denial of coverage of such drugs,
24 procedures or supplies shall provide the patient with the means of
25 obtaining additional information concerning both the denial and the
26 means of challenging such denial.
27 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01617-01-1
