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S01663 Summary:

BILL NOS01663A
 
SAME ASNo Same As
 
SPONSORBROOKS
 
COSPNSR
 
MLTSPNSR
 
Amd §§3216, 3221 & 4303, Ins L
 
Relates to mandating insurance coverage for medical devices and products to treat withdrawal symptoms which are approved by the food and drug administration.
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S01663 Actions:

BILL NOS01663A
 
01/15/2019REFERRED TO INSURANCE
02/28/2019AMEND AND RECOMMIT TO INSURANCE
02/28/2019PRINT NUMBER 1663A
01/08/2020REFERRED TO INSURANCE
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S01663 Memo:

Memo not available
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S01663 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1663--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2019
                                       ___________
 
        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed 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, in relation to mandating insurance
          coverage for medical devices to treat withdrawal symptoms
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (A)  of  paragraph  30 of subsection (i) of
     2  section 3216 of the insurance law, as amended by section 1 of part B  of
     3  chapter 71 of the laws of 2016, is amended to read as follows:
     4    (A)  Every  policy  that  provides  hospital, major medical or similar
     5  comprehensive coverage must provide inpatient coverage for the diagnosis
     6  and treatment of substance use disorder,  including  detoxification  and
     7  rehabilitation  services,  including  the  use  of  medications, medical
     8  devices and products approved and/or cleared by the food and drug admin-
     9  istration for the  treatment  of  withdrawal  symptoms.  Such  inpatient
    10  coverage  shall  include  unlimited  medically  necessary  treatment for
    11  substance  use  disorder  treatment  services  provided  in  residential
    12  settings  as  required  by the Mental Health Parity and Addiction Equity
    13  Act of 2008 (29 U.S.C. § 1185a).  Further, such inpatient coverage shall
    14  not apply financial requirements  or  treatment  limitations,  including
    15  utilization  review  requirements,  to  inpatient substance use disorder
    16  benefits that  are  more  restrictive  than  the  predominant  financial
    17  requirements  and  treatment  limitations  applied  to substantially all
    18  medical and surgical benefits  covered  by  the  policy.  Further,  such
    19  coverage  shall  be  provided consistent with the federal Paul Wellstone
    20  and Pete Domenici Mental Health Parity and Addiction Equity Act of  2008
    21  (29 U.S.C. § 1185a).

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06895-02-9

        S. 1663--A                          2
 
     1    §  2.  Subparagraph  (A)  of paragraph 31 of subsection (i) of section
     2  3216 of the insurance law, as added by chapter 41 of the laws  of  2014,
     3  is amended to read as follows:
     4    (A)  Every  policy  that  provides  medical,  major medical or similar
     5  comprehensive-type coverage must provide  outpatient  coverage  for  the
     6  diagnosis and treatment of substance use disorder, including detoxifica-
     7  tion  and  rehabilitation  services,  including  the use of medications,
     8  medical devices and products approved and/or cleared  by  the  food  and
     9  drug  administration  for  the  treatment of withdrawal symptoms.   Such
    10  coverage shall not apply financial requirements or treatment limitations
    11  to outpatient substance use disorder benefits that are more  restrictive
    12  than  the  predominant  financial requirements and treatment limitations
    13  applied to substantially all medical and surgical  benefits  covered  by
    14  the  policy.    Further, such coverage shall be provided consistent with
    15  the federal Paul Wellstone and Pete Domenici Mental  Health  Parity  and
    16  Addiction Equity Act of 2008 (29 U.S.C. § 1185a).
    17    §  3. Paragraph 7-a of subsection (l) of section 3221 of the insurance
    18  law, as added by section 2 of part B of chapter 69 of the laws of  2016,
    19  is amended to read as follows:
    20    (7-a)  Every  policy  that  provides medical, major medical or similar
    21  comprehensive-type large group coverage shall provide coverage for medi-
    22  cation  for  the  detoxification  or  maintenance  treatment,  including
    23  medical devices or products for the treatment of withdrawal symptoms, of
    24  a  substance  use  disorder approved by the food and drug administration
    25  for the detoxification or maintenance treatment of substance use  disor-
    26  der.
    27    §  4.  Subsection (l-1) of section 4303 of the insurance law, as added
    28  by section 3 of part B of chapter 69 of the laws of 2016, is amended  to
    29  read as follows:
    30    (l-1)  Every contract that provides medical, major medical, or similar
    31  comprehensive-type large group coverage shall provide coverage for medi-
    32  cation  for  the  detoxification  or  maintenance  treatment,  including
    33  medical devices or products for the treatment of withdrawal symptoms, of
    34  a  substance  use  disorder approved by the food and drug administration
    35  for the detoxification or maintenance treatment of substance use  disor-
    36  der.
    37    §  5. This act shall take effect on the first of January next succeed-
    38  ing the date on which it shall have become a  law  and  shall  apply  to
    39  policies  and contracts issued, renewed, modified, altered or amended on
    40  and after such date.
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