STATE OF NEW YORK
________________________________________________________________________
7696--A
2011-2012 Regular Sessions
IN ASSEMBLY
May 13, 2011
___________
Introduced by M. of A. THIELE, J. MILLER -- Multi-Sponsored by -- M. of
A. LATIMER -- read once and referred to the Committee on Insurance --
recommitted to the Committee on Insurance in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law and the workers' compensation law, in
relation to coverage of long term medical care for Lyme disease and
other tick borne related pathogens
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 29 to read as follows:
3 (29) Every insurer issuing a policy of accident and health insurance
4 for delivery in this state shall provide coverage for all costs for
5 treatment of Lyme disease (Lyme borreliosis) and other tick borne
6 related pathogens. Such treatment shall include not less than thirty
7 days of intravenous antibiotic therapy, sixty days of oral antibiotic
8 therapy, or both, and shall provide further treatment if recommended by
9 a physician licensed to practice medicine in the state of New York.
10 § 2. Subsection (l) of section 3221 of the insurance law is amended by
11 adding a new paragraph 19 to read as follows:
12 (19) Every group or blanket policy delivered or issued for delivery in
13 this state which provides hospital, surgical or medical coverage shall
14 provide coverage for all costs for treatment of Lyme disease (Lyme
15 borreliosis) and other tick borne related pathogens. Such treatment
16 shall include not less than thirty days of intravenous antibiotic thera-
17 py, sixty days of oral antibiotic therapy, or both, and shall provide
18 further treatment if recommended by a physician licensed to practice
19 medicine in the state of New York.
20 § 3. Section 4303 of the insurance law is amended by adding a new
21 subsection (ii) to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11530-03-2
A. 7696--A 2
1 (ii) Every medical expense indemnity corporation, hospital service
2 corporation and health service corporation which provides coverage for
3 medical, surgical or major medical care shall provide coverage for all
4 costs for treatment of Lyme disease (Lyme borreliosis) and other tick
5 borne related pathogens. Such treatment shall include not less than
6 thirty days of intravenous antibiotic therapy, sixty days of oral anti-
7 biotic therapy, or both, and shall provide further treatment if recom-
8 mended by a physician licensed to practice medicine in the state of New
9 York.
10 § 4. Paragraph 30 of subdivision 2 of section 3 of the workers'
11 compensation law, as renumbered by chapter 665 of the laws of 1971, is
12 renumbered paragraph 31 and a new paragraph 30 is added to read as
13 follows:
14 30. Lyme disease30. Any process involving
15 (Lyme borreliosis) outdoor activity or
16 and other tick borne treatment of animals.
17 related pathogens.
18 § 5. The closing paragraph of subdivision 2 of section 3 of the work-
19 ers' compensation law, as amended by chapter 666 of the laws of 1971, is
20 amended to read as follows:
21 Nothing in paragraph [thirty] thirty-one of this subdivision shall be
22 construed to apply to any disability or death due to any disease
23 described in paragraph twenty-nine of this subdivision.
24 § 6. Subdivision 9 of section 201 of the workers' compensation law is
25 amended by adding a new paragraph C to read as follows:
26 C. "Disability" also includes disability caused by or in connection
27 with Lyme disease (Lyme borreliosis) and other tick borne related patho-
28 gens.
29 § 7. This act shall take effect on the one hundred twentieth day after
30 it shall have become a law provided, however, that effective immediate-
31 ly, the addition, amendment and/or repeal of any rules or regulations
32 necessary for the implementation of this act on its effective date are
33 authorized to be made on or before such effective date.
