Amd §§3216, 3221 & 4303, Ins L; add §365-o, Soc Serv L
Requires that non-pharmaceutical alternative treatment options including but not limited to treatment provided by a licensed acupuncturist, licensed massage therapist, licensed chiropractor, and yoga instructor be covered by the medical assistance program and by private health insurers.
STATE OF NEW YORK
________________________________________________________________________
9834--A
IN ASSEMBLY
February 14, 2018
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Insurance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law and the social services law, in
relation to requiring the coverage of alternate treatment options by
the medical assistance program and private health insurers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsection (i) of section 3216 of the insurance law is
2 amended by adding a new paragraph 35 to read as follows:
3 (35) Every policy which provides medical, major medical, or similar
4 comprehensive type coverage shall include coverage for alternative
5 treatment utilized for pain management. Coverage provided under this
6 paragraph shall be limited to alternative treatment provided by a health
7 care provider or other licensed individual. For purposes of this
8 subsection, "alternative treatment" means non-pharmaceutical treatment
9 for pain management including but not limited to treatment provided by
10 (A) a licensed acupuncturist, (B) a licensed massage therapist, (C) a
11 licensed chiropractor, and (D) a yoga instructor.
12 § 2. Subsection (l) of section 3221 of the insurance law is amended by
13 adding a new paragraph 21 to read as follows:
14 (21) Every group or blanket policy which provides medical, major
15 medical, or similar comprehensive type coverage shall include coverage
16 for alternative treatment utilized for pain management. Coverage
17 provided under this paragraph shall be limited to alternative treatment
18 provided by a health care provider or other licensed individual. For
19 purposes of this subsection, "alternative treatment" means non-pharma-
20 ceutical treatment for pain management including but not limited to
21 treatment provided by (A) a licensed acupuncturist, (B) a licensed
22 massage therapist, (C) a licensed chiropractor, and (D) a yoga instruc-
23 tor.
24 § 3. Section 4303 of the insurance law is amended by adding a new
25 subsection (ss) to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14478-03-8
A. 9834--A 2
1 (ss) Every contract issued by a medical expense indemnity corporation,
2 hospital service corporation, or health service corporation which
3 provides medical , major medical, or similar comprehensive type coverage
4 shall include coverage for alternative treatment utilized for pain
5 management. Coverage provided under this subsection shall be limited to
6 alternative treatment provided by a health care provider or other
7 licensed individual. For purposes of this section, "alternative treat-
8 ment" means non-pharmaceutical treatment for pain management including
9 but not limited to treatment provided by (1) a licensed acupuncturist,
10 (2) a licensed massage therapist, (3) a licensed chiropractor, and (4) a
11 yoga instructor.
12 § 4. The social services law is amended by adding a new section 365-o
13 to read as follows:
14 § 365-o. Provision of alternative treatment for pain management. 1.
15 The commissioner shall establish standards and guidelines for the
16 provision of alternate treatment for pain management under the medical
17 assistance program. In establishing such standards and guidelines, the
18 commissioner shall consult with alternative treatment providers and
19 other interested parties.
20 2. For purposes of this title, "alternative treatment" means non-phar-
21 maceutical treatment for pain management including but not limited to
22 treatment provided by (a) a licensed acupuncturist, (b) a licensed
23 massage therapist, (c) a licensed chiropractor, and (d) a yoga instruc-
24 tor.
25 § 5. 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.
