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STATE OF NEW YORK
________________________________________________________________________

2620--A

2011-2012 Regular Sessions

IN ASSEMBLY

January 19, 2011
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Introduced  by M. of A. JACOBS, DINOWITZ, ORTIZ, COLTON, HIKIND, CAHILL,
  McENENY, TITONE -- Multi-Sponsored by --  M.  of  A.  LIFTON,  REILLY,
  WEISENBERG  -- 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, in relation to coverage for treatment
  of smoking cessation

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

  Section  1.  Section  4303 of the insurance law is amended by adding a
new subsection (l-1) to read as follows:
  (L-1) A HOSPITAL SERVICE CORPORATION OR A HEALTH  SERVICE  CORPORATION
WHICH  PROVIDES  GROUP,  GROUP REMITTANCE OR SCHOOL BLANKET COVERAGE FOR
INPATIENT HOSPITAL CARE SHALL PROVIDE COVERAGE FOR COSTS OF PRESCRIPTION
SMOKING CESSATION TREATMENT THAT IS ORDERED BY A PHYSICIAN. SUCH  TREAT-
MENT  MAY  BE  LIMITED TO FOUR HUNDRED DOLLARS PER YEAR FOR EACH COVERED
INDIVIDUAL. THIS PROVISION SHALL NOT APPLY TO A CONTRACT ISSUED PURSUANT
TO SECTION FOUR THOUSAND THREE HUNDRED FIVE OF THIS ARTICLE WHICH COVERS
PERSONS EMPLOYED IN MORE THAN ONE STATE  OR  THE  BENEFIT  STRUCTURE  OF
WHICH WAS THE SUBJECT OF COLLECTIVE BARGAINING AFFECTING PERSONS WHO ARE
EMPLOYED  IN MORE THAN ONE STATE. SUCH COVERAGE MAY BE SUBJECT TO ANNUAL
DEDUCTIBLES AND CO-INSURANCE AS MAY BE DEEMED APPROPRIATE BY THE  SUPER-
INTENDENT AND ARE CONSISTENT WITH THOSE IMPOSED ON OTHER BENEFITS WITHIN
A  GIVEN  POLICY. SUCH COVERAGE SHALL NOT REPLACE, RESTRICT OR ELIMINATE
EXISTING COVERAGE PROVIDED BY THE POLICY.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 29 to read as follows:
  (29) EVERY POLICY SHALL PROVIDE COVERAGE  FOR  COSTS  OF  PRESCRIPTION
SMOKING  CESSATION TREATMENT THAT IS ORDERED BY A PHYSICIAN. SUCH COVER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04244-03-2
A. 2620--A                          2

AGE MAY BE LIMITED TO FOUR HUNDRED DOLLARS PER  YEAR  FOR  EACH  COVERED
INDIVIDUAL.
  S 3. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:
  (19) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS  STATE  WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
PROVIDE COVERAGE FOR COSTS OF PRESCRIPTION SMOKING  CESSATION  TREATMENT
THAT  IS  ORDERED  BY  A PHYSICIAN. SUCH COVERAGE MAY BE LIMITED TO FOUR
HUNDRED DOLLARS FOR EACH COVERED INDIVIDUAL.
  S 4. This act shall take effect on the one hundred eightieth 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;
except  that  any  rules  and  regulations  necessary  to  implement the
provisions of this act are authorized and directed  to  be  promulgated,
amended or repealed on or before such effective date.