STATE OF NEW YORK
________________________________________________________________________
8123
2011-2012 Regular Sessions
IN ASSEMBLY
June 2, 2011
___________
Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, the social services law and the
public health law, in relation to including tobacco dependence treat-
ments as covered services for certain insureds, policyholders or
enrollees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 3217-e
2 to read as follows:
3 § 3217-e. Tobacco dependence treatment; insurance policies. (a) An
4 insurer subject to the provisions of this chapter or article forty-four
5 of the public health law shall provide insureds with comprehensive
6 coverage for effective tobacco dependence treatments, including coun-
7 seling services and medication. Such coverage shall carry no additional
8 co-payment fees or charges.
9 (b) An insured shall be permitted to participate in a tobacco depend-
10 ence treatment program as often as necessary for recovery.
11 (c) It shall be the duty of the administrative officer or other person
12 in charge of each insurer subject to this article to advise each
13 insured, in writing, of the provisions of this section.
14 § 2. The insurance law is amended by adding a new section 342 to read
15 as follows:
16 § 342. Tobacco dependence treatment; notification. The superintendent
17 shall require that all insurers subject to the provisions of this chap-
18 ter or article forty-four of the public health law, notify insureds and
19 healthcare providers, concerning the availability of tobacco dependence
20 treatment coverage, including both counseling services and medication,
21 and shall encourage the use of such services.
22 § 3. The social services law is amended by adding a new section 366-j
23 to read as follows:
24 § 366-j. Tobacco dependence treatment programs. 1. The department is
25 authorized to enter into contractual agreements with public and/or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11898-02-1
A. 8123 2
1 private organizations to develop and implement tobacco dependence treat-
2 ment programs.
3 2. A tobacco dependence treatment program shall include both coun-
4 seling services and medication.
5 3. Such treatment programs shall be made available to medical assist-
6 ance recipients, medicare recipients and policyholders of insurance
7 policies subject to the provisions of the insurance law or article
8 forty-four of the public health law.
9 4. The department is authorized to provide technical assistance to
10 public and/or private organizations submitting plans for and/or conduct-
11 ing tobacco dependence treatment programs, in order to help assure
12 effective implementation of such programs.
13 5. The department is authorized to promulgate rules and regulations
14 and to take any other measures it deems necessary for the effective
15 implementation of the tobacco dependence treatment programs.
16 § 4. Section 365 of the social services law is amended by adding a new
17 subdivision 13 to read as follows:
18 13. Any inconsistent provisions of this chapter or other law notwith-
19 standing, the department shall be responsible for furnishing medical
20 assistance to eligible persons seeking to participate in a tobacco
21 dependence treatment program, as described in section three hundred
22 sixty-six-j of this title.
23 § 5. Subparagraphs (xv) and (xvi) of paragraph (e) of subdivision 1 of
24 section 369-ee of the social services law, subparagraph (xv) as amended
25 and subparagraph (xvi) as added by chapter 526 of the laws of 2002, are
26 amended and a new subparagraph (xvii) is added to read as follows:
27 (xv) services provided to meet the requirements of 42 U.S.C. 1396d(r);
28 [and]
29 (xvi) hospice services[.]; and
30 (xvii) tobacco dependence treatment program, as described in section
31 three hundred sixty-six-j of this article.
32 § 5. Subdivision 10 of section 4405 of the public health law, as
33 amended by chapter 549 of the laws of 1981 and as renumbered by chapter
34 538 of the laws of 1993, is amended to read as follows:
35 10. notwithstanding any other provision of law, to advertise the
36 comprehensive health services which it renders, including tobacco
37 dependence treatment, and the plan relating to the rendition of such
38 services, provided, however, that all information disseminated to the
39 public shall be strictly factual in nature and accurate in all respects
40 and shall not in any way be misleading to the public.
41 § 6. The public health law is amended by adding a new section 4406-f
42 to read as follows:
43 § 4406-f. Tobacco dependence treatment coverage. 1. Any health care
44 plan subject to the provisions of this article, shall provide enrollees
45 with comprehensive coverage for tobacco dependence treatment, including
46 counseling services and medication. Such coverage shall carry no addi-
47 tional co-payment fees or charges.
48 2. An enrollee shall be permitted to participate in a tobacco depend-
49 ence treatment program as often as necessary for recovery.
50 3. It shall be the duty of the administrative officer or other person
51 in charge of the health maintenance organization providing the health
52 care plan to advise each enrollee, in writing, of the provisions of this
53 section.
54 § 7. This act shall take effect on the sixtieth day after it shall
55 have become a law.
