Amd §§3216, 3221 & 4303, Ins L; add §§209-K & 630-e, Tax L; add §97-cc, St Fin L
Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens; provides for taxpayer gifts for tick borne illness research, detection and education; establishes the tick borne illness research, detection and education fund.
STATE OF NEW YORK
________________________________________________________________________
114
2017-2018 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2017
___________
Introduced by M. of A. CAHILL, SANTABARBARA -- Multi-Sponsored by -- M.
of A. BARRETT, COOK, GRAF, GUNTHER, JAFFEE, LUPARDO, MAYER, McLAUGH-
LIN, MOSLEY, PERRY, RIVERA, ROSENTHAL, SIMANOWITZ, SKARTADOS, SKOUFIS,
STECK, THIELE, TITONE -- read once and referred to the Committee on
Insurance
AN ACT to amend the insurance law, in relation to coverage of long term
medical care for Lyme disease and other tick borne related pathogens;
and to amend the tax law and the state finance law, in relation to
providing for taxpayer gifts for tick borne illness research,
detection and education and establishing the tick borne illness
research, detection and education fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "tick borne
2 illness treatment and education act of 2017".
3 § 2. Subsection (i) of section 3216 of the insurance law is amended by
4 adding a new paragraph 34 to read as follows:
5 (34) Every insurer issuing a policy of accident and health insurance
6 for delivery in this state shall provide coverage for all costs for
7 treatment of Lyme disease (Lyme borreliosis) and other tick borne
8 related pathogens. Such treatment may include intravenous antibiotic
9 therapy, oral antibiotic therapy, or any other treatment, or any combi-
10 nation of treatments, provided such treatment is recommended by a physi-
11 cian licensed to practice medicine in the state of New York.
12 § 3. Subsection (k) of section 3221 of the insurance law is amended by
13 adding a new paragraph 22 to read as follows:
14 (22) Every group or blanket policy delivered or issued for delivery in
15 this state which provides hospital, surgical or medical coverage shall
16 provide coverage for all costs for treatment of Lyme disease (Lyme
17 borreliosis) and other tick borne related pathogens. Such treatment may
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01422-01-7
A. 114 2
1 include intravenous antibiotic therapy, oral antibiotic therapy, or any
2 other treatment, or any combination of treatments, provided such treat-
3 ment is recommended by a physician licensed to practice medicine in the
4 state of New York.
5 § 4. Section 4303 of the insurance law is amended by adding a new
6 subsection (oo) to read as follows:
7 (oo) Every medical expense indemnity corporation, hospital service
8 corporation and health service corporation which provides coverage for
9 medical, surgical or major medical care shall provide coverage for all
10 costs for treatment of Lyme disease (Lyme borreliosis) and other tick
11 borne related pathogens. Such treatment may include intravenous antibi-
12 otic therapy, oral antibiotic therapy, or any other treatment, or any
13 combination of treatments, provided such treatment is recommended by a
14 physician licensed to practice medicine in the state of New York.
15 § 5. The tax law is amended by adding a new section 209-K to read as
16 follows:
17 § 209-K. Gift for tick borne illness research, detection and educa-
18 tion. A taxpayer in any taxable year may elect to contribute to the
19 support of the tick borne illness research, detection and education
20 fund. Such contribution shall be in any whole dollar amount and shall
21 not reduce the amount of the state tax owed by such taxpayer. The
22 commissioner shall include space on the corporate income tax return to
23 enable a taxpayer to make such contribution. Notwithstanding any other
24 provision of law, all revenues collected pursuant to this section shall
25 be credited to the tick borne illness research, detection and education
26 fund and shall be used only for those purposes enumerated in section
27 ninety-seven-cc of the state finance law.
28 § 6. The tax law is amended by adding a new section 630-e to read as
29 follows:
30 § 630-e. Gift for tick borne illness research, detection and educa-
31 tion. An individual in any taxable year may elect to contribute to the
32 tick borne illness research, detection and education fund. Such contrib-
33 ution shall be in any whole dollar amount and shall not reduce the
34 amount of state tax owed by such individual. The commissioner shall
35 include space on the personal income tax return to enable a taxpayer to
36 make such contribution. Notwithstanding any other provision of law all
37 revenues collected pursuant to this section shall be credited to the
38 tick borne illness research, detection and education fund and used only
39 for those purposes enumerated in section ninety-seven-cc of the state
40 finance law.
41 § 7. The state finance law is amended by adding a new section 97-cc to
42 read as follows:
43 § 97-cc. Tick borne illness research, detection and education fund. 1.
44 There is hereby established in the joint custody of the commissioner of
45 taxation and finance and the comptroller, a special fund to be known as
46 the "tick borne illness research, detection and education fund".
47 2. Such fund shall consist of all revenues received by the department
48 of taxation and finance, pursuant to the provisions of sections two
49 hundred nine-K and six hundred thirty-e of the tax law and all other
50 moneys appropriated, credited, or transferred thereto from any other
51 fund or source pursuant to law. Nothing contained in this section shall
52 prevent the state from receiving grants, gifts or bequests for the
53 purposes of the fund as defined in this section and depositing them into
54 the fund according to law.
A. 114 3
1 3. Monies of the fund shall be expended only for tick borne illness
2 research, detection and education projects pursuant to section twenty-
3 seven hundred ninety-eight of the public health law.
4 4. Monies shall be payable from the fund on the audit and warrant of
5 the comptroller on vouchers approved and certified by the commissioner
6 of health.
7 5. To the extent practicable, the commissioner of health shall ensure
8 that all monies received during a fiscal year are expended prior to the
9 end of that fiscal year.
10 § 8. This act shall take effect on the one hundred twentieth day after
11 it shall have become a law provided, however, that effective immediate-
12 ly, the addition, amendment and/or repeal of any rules or regulations
13 necessary for the implementation of this act on its effective date are
14 authorized to be made on or before such effective date.
