Add S99-w, St Fin L; amd S2742, Pub Health L; amd SS3221 & 4303, Ins L
Relates to a traumatic brain injury/PTSD treatment fund to provide funding for certain treatments not otherwise covered by insurance and other health care coverage.
STATE OF NEW YORK
________________________________________________________________________
6137
2015-2016 Regular Sessions
IN ASSEMBLY
March 16, 2015
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the state finance law and the public health law, in
relation to the creation of the traumatic brain injury trust fund; and
to amend the insurance law, in relation to post-traumatic stress
disorder and traumatic brain injury
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 99-w to read as follows:
3 § 99-w. Traumatic brain injury/PTSD treatment fund. 1. There is hereby
4 established in the joint custody of the state comptroller and the
5 commissioner of taxation and finance a fund to be known as the traumatic
6 brain injury/PTSD treatment fund.
7 2. Such fund shall consist of all moneys appropriated for the purpose
8 of such fund and all moneys transferred to such fund pursuant to law.
9 Any interest earned by the investment of moneys in such fund shall be
10 added to such fund, become a part of such fund, and be used for the
11 purpose of such fund.
12 3. Monies of the fund shall be expended only for treatment of quali-
13 fied individuals for post-traumatic stress disorder and traumatic brain
14 injury where such treatment is not covered under any other plan of
15 health insurance or health coverage, and shall include hyperbaric oxygen
16 therapy treatment where prescribed by a licensed provider. Such fund
17 shall be a payer of last resort for any such treatment. A qualified
18 individual must:
19 (a) provide medical documentation of suffering from post-traumatic
20 stress disorder, or a traumatic brain injury as defined by section two
21 thousand seven hundred forty-one of the public health law; and
22 (b) be a New York resident for at least ninety consecutive days prior
23 to application date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09801-01-5
A. 6137 2
1 4. Monies shall be payable from the fund on the audit and warrant of
2 the comptroller on vouchers approved and certified by the commissioner
3 of health.
4 § 2. Subdivisions 9 and 10 of section 2742 of the public health law,
5 as added by chapter 196 of the laws of 1994, are amended and a new
6 subdivision 11 is added to read as follows:
7 9. to develop training programs for persons providing discharge plans
8 and case management; [and]
9 10. to develop standards for licensing or certifying residential and
10 non-residential services for persons with traumatic brain injury to the
11 extent that such services are not otherwise subject to the jurisdiction
12 of another state agency[.]; and
13 11. to administer the traumatic brain injury/PTSD treatment fund,
14 established in section ninety-nine-w of the state finance law.
15 § 3. Clause (ii) of subparagraph (B) of paragraph 5 of subsection (1)
16 of section 3221 of the insurance law, as amended by chapter 502 of the
17 laws of 2007, is amended to read as follows:
18 (ii) For purposes of this paragraph, the term "biologically based
19 mental illness" means a mental, nervous, or emotional condition that is
20 caused by a biological disorder of the brain and results in a clinically
21 significant, psychological syndrome or pattern that substantially limits
22 the functioning of the person with the illness. Such biologically based
23 mental illnesses are defined as schizophrenia/psychotic disorders, major
24 depression, bipolar disorder, delusional disorders, panic disorder,
25 obsessive compulsive disorders, bulimia, [and] anorexia, post-traumatic
26 stress disorder, and traumatic brain injury.
27 § 4. Subparagraph (B) of paragraph 2 of subsection (g) of section 4303
28 of the insurance law, as amended by chapter 502 of the laws of 2007, is
29 amended to read as follows:
30 (B) For purposes of this subsection, the term "biologically based
31 mental illness" means a mental, nervous, or emotional condition that is
32 caused by a biological disorder of the brain and results in a clinically
33 significant, psychological syndrome or pattern that substantially limits
34 the functioning of the person with the illness. Such biologically based
35 mental illnesses are defined as schizophrenia/psychotic disorders, major
36 depression, bipolar disorder, delusional disorders, panic disorder,
37 obsessive compulsive disorders, anorexia, [and] bulimia, post-traumatic
38 stress disorder, and traumatic brain injury.
39 § 5. Subparagraph (B) of paragraph 2 of subsection (h) of section 4303
40 of the insurance law, as amended by chapter 502 of the laws of 2007, is
41 amended to read as follows:
42 (B) For purposes of this subsection, the term "biologically based
43 mental illness" means a mental, nervous, or emotional condition that is
44 caused by a biological disorder of the brain and results in a clinically
45 significant, psychological syndrome or pattern that substantially limits
46 the functioning of the person with the illness. Such biologically based
47 mental illnesses are defined as schizophrenia/psychotic disorders, major
48 depression, bipolar disorder, delusional disorders, panic disorder,
49 obsessive compulsive disorder, anorexia, [and] bulimia, post-traumatic
50 stress disorder, and traumatic brain injury.
51 § 6. This act shall take effect on the ninetieth day after it shall
52 have become a law; provided, however, that sections three, four and five
53 of this act shall apply to policies and contracts issued, renewed, modi-
54 fied, altered or amended on or after such effective date.
