STATE OF NEW YORK
________________________________________________________________________
185--A
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
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Introduced by Sen. MORAHAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities -- recommitted to the Committee on Mental Health
and Developmental Disabilities in accordance with Senate Rule 6, sec.
8 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the insurance law, in relation to post traumatic stress
disorder
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Clause (ii) of subparagraph (B) of paragraph 5 of
2 subsection (1) of section 3221 of the insurance law, as amended by chap-
3 ter 502 of the laws of 2007, is amended to read as follows:
4 (ii) For purposes of this paragraph, the term "biologically based
5 mental illness" means a mental, nervous, or emotional condition that is
6 caused by a biological disorder of the brain and results in a clinically
7 significant, psychological syndrome or pattern that substantially limits
8 the functioning of the person with the illness. Such biologically based
9 mental illnesses are defined as schizophrenia/psychotic disorders, major
10 depression, bipolar disorder, delusional disorders, panic disorder,
11 obsessive compulsive disorders, bulimia, [and] anorexia, and post trau-
12 matic stress disorder.
13 § 2. Subparagraph (B) of paragraph 2 of subsection (g) of section 4303
14 of the insurance law, as amended by chapter 502 of the laws of 2007, is
15 amended to read as follows:
16 (B) For purposes of this subsection, the term "biologically based
17 mental illness" means a mental, nervous, or emotional condition that is
18 caused by a biological disorder of the brain and results in a clinically
19 significant, psychological syndrome or pattern that substantially limits
20 the functioning of the person with the illness. Such biologically based
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00735-02-0
S. 185--A 2
1 mental illnesses are defined as schizophrenia/psychotic disorders, major
2 depression, bipolar disorder, delusional disorders, panic disorder,
3 obsessive compulsive disorders, anorexia, [and] bulimia, and post trau-
4 matic stress disorder.
5 § 3. Subparagraph (B) of paragraph 2 of subsection (h) of section 4303
6 of the insurance law, as amended by chapter 502 of the laws of 2007, is
7 amended to read as follows:
8 (B) For purposes of this subsection, the term "biologically based
9 mental illness" means a mental, nervous, or emotional condition that is
10 caused by a biological disorder of the brain and results in a clinically
11 significant, psychological syndrome or pattern that substantially limits
12 the functioning of the person with the illness. Such biologically based
13 mental illnesses are defined as schizophrenia/psychotic disorders, major
14 depression, bipolar disorder, delusional disorders, panic disorder,
15 obsessive compulsive disorder, anorexia, [and] bulimia, and post trau-
16 matic stress disorder.
17 § 4. This act shall take effect on the ninetieth day after it shall
18 have become a law; provided, however, that the provisions of this act
19 shall apply to policies and contracts issued, renewed, modified, altered
20 or amended on or after such effective date.