STATE OF NEW YORK
________________________________________________________________________
7934
IN SENATE
August 11, 2014
___________
Introduced by Sen. TKACZYK -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to providing drug
screening for certain children; and to amend the insurance law, in
relation to providing coverage for such drug screening
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2507 to read as follows:
3 § 2507. Drug screening for certain children. 1. Every child twelve
4 years of age or older but younger than nineteen years of age may as part
5 of his or her annual physical provided by a health care professional, be
6 screened for the use of drugs. Drugs that shall be screened for under
7 this section shall be determined by the commissioner. For purposes of
8 this section the term "health care professional" shall mean a health
9 care professional appropriately licensed, registered or certified pursu-
10 ant to title eight of the education law.
11 2. A positive result to any test received under subdivision one of
12 this section shall not be required to be reported by a health care
13 professional pursuant to title six of article six of the social services
14 law in the absence of evidence that such child has otherwise been the
15 subject of neglect or abuse.
16 § 2. Subsection (i) of section 3216 of the insurance law is amended by
17 adding a new paragraph 32 to read as follows:
18 (32)(A) Every health insurance policy issued or delivered in this
19 state shall provide coverage for drug screening as established by
20 section twenty-five hundred seven of the public health law.
21 (B) Coverage provided pursuant to this paragraph shall not be subject
22 to deductibles, coinsurance, or copayments.
23 (C) Any reimbursement made pursuant to this paragraph to a health care
24 provider shall be made without disclosure to any party of the results of
25 such drug screening. Disclosure of the results may only be made with the
26 written consent of the parent of such child, or if such child is sixteen
27 years of age or older, with the consent of such child.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15669-03-4
S. 7934 2
1 § 3. Section 3221 of the insurance law is amended by adding a new
2 subsection (t) to read as follows:
3 (t)(1) Every health insurance policy issued or delivered in this state
4 shall provide coverage for drug screening as established by section
5 twenty-five hundred seven of the public health law.
6 (2) Coverage provided pursuant to this subsection shall not be subject
7 to deductibles, coinsurance, or copayments.
8 (3) Any reimbursement made pursuant to this subsection to a health
9 care provider shall be made without disclosure to any party of the
10 results of such drug screening. Disclosure of the results may only be
11 made with the written consent of the parent of such child, or if such
12 child is sixteen years of age or older, with the consent of such child.
13 § 4. Section 4303 of the insurance law is amended by adding a new
14 subsection (oo) to read as follows:
15 (oo)(1) Every health insurance policy issued or delivered in this
16 state shall provide coverage for drug screening as established by
17 section twenty-five hundred seven of the public health law.
18 (2) Coverage provided pursuant to this subsection shall not be subject
19 to deductibles, coinsurance, or copayments.
20 (3) Any reimbursement made pursuant to this subsection to a health
21 care provider shall be made without disclosure to any party of the
22 results of such drug screening. Disclosure of the results may only be
23 made with the written consent of the parent of such child, or if such
24 child is sixteen years of age or older, with the consent of such child.
25 § 5. This act shall take effect on the ninetieth day after it shall
26 have become a law and the provisions of sections two, three and four of
27 this act shall apply to all policies issued, modified or renewed on or
28 after such date.
