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STATE OF NEW YORK
________________________________________________________________________

213

2011-2012 Regular Sessions

IN ASSEMBLY

(PREFILED)

January 5, 2011
___________

Introduced  by  M.  of A. ORTIZ, JACOBS, GALEF, SCHROEDER -- Multi-Spon-
  sored by -- M. of A.  DESTITO, LIFTON, J. RIVERA, P. RIVERA, ROBINSON,
  WEISENBERG -- read once and referred to the Committee on Insurance

AN ACT to amend the insurance law, in relation to  making  coverage  for
  medical   nutrition  therapy  applicable  to  insurance  policies  and
  contracts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
amended by adding a new paragraph 28 to read as follows:
  (28) EVERY POLICY SHALL PROVIDE COVERAGE  FOR  ALL  COSTS  OF  MEDICAL
NUTRITION  THERAPY,  IF  RECOMMENDED  OR  PRESCRIBED BY A PHYSICIAN. FOR
PURPOSES OF THIS  PARAGRAPH,  "MEDICAL  NUTRITION  THERAPY"  SHALL  MEAN
NUTRITIONAL DIAGNOSTIC, THERAPY, AND COUNSELING SERVICES FOR THE PURPOSE
OF  DISEASE  MANAGEMENT  WHICH ARE FURNISHED BY A DIETITIAN OR NUTRITION
PROFESSIONAL CERTIFIED PURSUANT TO ARTICLE ONE  HUNDRED  FIFTY-SEVEN  OF
THE EDUCATION LAW.
  S 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS  STATE  WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
PROVIDE COVERAGE FOR ALL COSTS OF MEDICAL NUTRITION THERAPY,  IF  RECOM-
MENDED  OR  PRESCRIBED  BY  A PHYSICIAN. FOR PURPOSES OF THIS PARAGRAPH,
"MEDICAL NUTRITION  THERAPY" SHALL MEAN NUTRITIONAL DIAGNOSTIC, THERAPY,
AND COUNSELING SERVICES FOR THE PURPOSE OF DISEASE MANAGEMENT WHICH  ARE
FURNISHED BY A DIETITIAN OR NUTRITION PROFESSIONAL CERTIFIED PURSUANT TO
ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW.
  S  3.  Section  4303  of  the insurance law is amended by adding a new
subsection (hh) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03335-01-1
A. 213                              2

  (HH) EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
HOSPITAL  SERVICE  CORPORATION  AND  HEALTH  SERVICE  CORPORATION  WHICH
PROVIDES  COVERAGE  FOR  MEDICAL,  SURGICAL  OR MAJOR MEDICAL CARE SHALL
PROVIDE COVERAGE FOR ALL COSTS OF MEDICAL NUTRITION THERAPY,  IF  RECOM-
MENDED  OR  PRESCRIBED  BY A PHYSICIAN. FOR PURPOSES OF THIS SUBSECTION,
"MEDICAL NUTRITION THERAPY" SHALL MEAN NUTRITIONAL DIAGNOSTIC,  THERAPY,
AND  COUNSELING SERVICES FOR THE PURPOSE OF DISEASE MANAGEMENT WHICH ARE
FURNISHED BY A DIETITIAN OR NUTRITION PROFESSIONAL CERTIFIED PURSUANT TO
ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to all policies and contracts
issued, renewed, modified, altered or amended on or after such date; and
provided further, that any rules and regulations necessary to  implement
the  provisions of this act are authorized and directed to be promulgat-
ed, amended or repealed on or before such effective date.