Relates to requiring prescription drug coverage to include such supplements and vitamins, medical foods, and other medications as shall be deemed necessary by a physician to mitigate and/or treat the symptoms of mitochondrial disease.
STATE OF NEW YORK
________________________________________________________________________
7826
IN SENATE
March 1, 2018
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring prescription
drug coverage to include such supplements and vitamins, medical foods,
and other medications as shall be deemed necessary to mitigate and/or
treat the symptoms of mitochondrial disease
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 34 to read as follows:
3 (34) (A) Every policy which provides coverage for prescription drugs
4 shall include coverage for the cost of such supplements and vitamins,
5 medical foods, and other medications used to treat the symptoms associ-
6 ated with mitochondrial disease as a physician shall deem necessary to
7 mitigate and/or treat the symptoms of such mitochondrial disease diag-
8 nosed through clinical assessment, muscle biopsy, biochemical testing or
9 genetic testing in a covered person.
10 (B) Such coverage may be subject to such annual deductibles and coin-
11 surance as may be deemed appropriate by the superintendent and as are
12 consistent with those established for other benefits within the policy.
13 § 2. Subsection (k) of section 3221 of the insurance law is amended by
14 adding a new paragraph 22 to read as follows:
15 (22) (A) Every group or blanket policy delivered or issued for deliv-
16 ery in this state that provides coverage for prescription drugs shall
17 include coverage for the cost of such supplements and vitamins, medical
18 foods, and other medications used to treat the symptoms associated with
19 mitochondrial disease as a physician shall deem necessary to mitigate
20 and/or treat the symptoms of such mitochondrial disease diagnosed
21 through clinical assessment, muscle biopsy, biochemical testing or
22 genetic testing in a covered person.
23 (B) Such coverage may be subject to such annual deductibles and coin-
24 surance as may be deemed appropriate by the superintendent and as are
25 consistent with those established for other benefits within the policy.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14787-01-8
S. 7826 2
1 § 3. Section 4303 of the insurance law is amended by adding a new
2 subsection (oo) to read as follows:
3 (oo) (1) Every contract issued by a corporation subject to the
4 provisions of this article which provides coverage for prescription
5 drugs shall include coverage for the cost of such supplements and vita-
6 mins, medical foods, and other medications used to treat the symptoms
7 associated with mitochondrial disease as a physician shall deem neces-
8 sary to mitigate and/or treat the symptoms of such mitochondrial disease
9 diagnosed through clinical assessment, muscle biopsy, biochemical test-
10 ing or genetic testing in a covered person.
11 (2) Such coverage may be subject to such annual deductibles and coin-
12 surance as may be deemed appropriate by the superintendent and as are
13 consistent with those established for other benefits within the
14 contract.
15 § 4. This act shall take effect on the first of January next succeed-
16 ing the date on which it shall have become a law and shall apply to
17 policies and contracts issued, reissued, renewed, modified or amended on
18 or after such date.
