S2058-2013 Actions

• Apr 22, 2013: REPORTED AND COMMITTED TO HEALTH
• Mar 11, 2013: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 10, 2013: REFERRED TO INSURANCE

S2058-2013 Meetings

S2058-2013 Votes

S2058-2013 Memo

BILL NUMBER:S2058

TITLE OF BILL:  An act to amend the insurance law, in relation to
requiring policies and contracts of insurance providing hospital,
surgical, or medical care coverage to include coverage for human
leukocyte antigen testing

PURPOSE:  Requires certain health insurance policies and contracts to
provide coverage for human leukocyte antigen testing for use in tissue
typing for bone marrow testing.

SUMMARY OF PROVISIONS:  Amends the insurance law by adding a new
paragraph 30 to subsection (i) of section 3216, adding a new paragraph
19 to subsection (1) of section 3221, and adding a new subsection (ii)
to section 4303

EXISTING LAW: This legislation will amend existing law to include this
new provision.

JUSTIFICATION:  Each year thousands of people require bone marrow
transplants to treat diseases such as lymphomas, leukemia's, anemia's,
immune deficiency disorders, multiple myeloma and solid tumors. Bone
marrow transplants replenish stem cells which are found in greatest
concentrations within the bone marrow.

The problem currently faced by patients in need of stem cells is that
of finding a proper match of human leukocyte antigens. In order to
facilitate the vast number of people who suffer from the life
threatening blood disease, a national registry has been set up which
records typing of antigens for potential donors. At the present time,
bone marrow donors are required to pay a fee up to $75 in order to
perform the test and have their name placed on the national donor
list. Certainly, people in New York are more likely to be members of
the registry if they do not have to pay a fee and if tissue typing is
more accessible.

This bill would require health insurance companies to cover the tissue
typing fee. The end result would be an increase in the number of bone
marrow donors in the registry and a greater likelihood to find
possible donor matches.

LEGISLATIVE HISTORY:  A.9761 - 1999-2000 A.1186 - 2001-2002 A.777 -
2003-2004 A.3622 - 2005-2006 A.4084 - 2007-2008 A.4988 - 2009-2010
03/30/11 REFERRED TO INSURANCE 01/04/12 REFERRED TO INSURANCE

FISCAL IMPLICATIONS: None LOCAL FISCAL IMPLICATIONS:  None

EFFECTIVE DATE:  This act shall take effect on the first of January
next succeeding the date on which 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; provided, however, that any
rules or regulations necessary for the implementation of this act on
its effective date shall be promulgated, and any other means necessary
for the implementation of this act on its effective date shall be
taken, on or before such effective date.

S2058-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2058
 2013-2014 Regular Sessions
 I N  SENATE
 January 10, 2013
 
 Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Insurance
 

AN ACT to amend the insurance law, in relation to requiring policies and
 contracts of insurance providing hospital, surgical, or  medical  care
 coverage to include coverage for human leukocyte antigen testing
 

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 30 to read as follows:

 (30)  EVERY  POLICY WHICH PROVIDES HOSPITAL, SURGICAL, OR MEDICAL CARE
 COVERAGE OR PROVIDES REIMBURSEMENT FOR LABORATORY TESTS OR REIMBURSEMENT
 FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR HUMAN LEUKOCYTE
 ANTIGEN TESTING, ALSO REFERRED TO AS HISTOCOMPATIBLE LOCUS ANTIGEN TEST
 ING, FOR A, B, AND DR ANTIGENS FOR UTILIZATION IN TISSUE TYPING FOR BONE
 MARROW TESTING.
 

S 2. 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  CARE  COVERAGE
 SHALL  PROVIDE  COVERAGE  FOR  HUMAN  LEUKOCYTE  ANTIGEN  TESTING,  ALSO
 REFERRED TO AS HISTOCOMPATIBLE LOCUS ANTIGEN TESTING, FOR A, B,  AND  DR
 ANTIGENS  FOR  UTILIZATION  IN  TISSUE  TYPING  FOR BONE MARROW TESTING,
 EXCEPT THAT THIS PROVISION SHALL NOT APPLY  TO  A  POLICY  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.
 

S 3.

Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (jj) to read as follows:

 (JJ)  A  MEDICAL  EXPENSE  INDEMNITY  CORPORATION,  A HOSPITAL SERVICE
 CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE  FOR
 HOSPITAL,  SURGICAL,  OR  MEDICAL  CARE SHALL PROVIDE COVERAGE FOR HUMAN
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05133-01-3
 
       S. 2058                             2
 LEUKOCYTE ANTIGEN TESTING, ALSO REFERRED  TO  AS  HISTOCOMPATIBLE  LOCUS
 ANTIGEN  TESTING,  FOR  A,  B, AND DR ANTIGENS FOR UTILIZATION IN TISSUE
 TYPING FOR BONE MARROW TESTING, EXCEPT THAT  THIS  PROVISION  SHALL  NOT
 APPLY TO A CONTRACT WHICH COVERS PERSONS EMPLOYED IN MORE THAN ONE STATE
 OR THE BENEFIT STRUCTURE OF WHICH WAS THE SUBJECT OF COLLECTIVE BARGAIN
 ING AFFECTING PERSONS WHO ARE EMPLOYED IN MORE THAN ONE STATE.
 

S 4.  This act shall take effect on the first of January next succeed
 ing  the date on which it shall have become a law and shall apply to all
 policies and contracts issued, renewed, modified, altered, or amended on
 or after such effective date. Effective immediately any rules  or  regu
 lations  necessary  for  the implementation of this act on its effective
 date shall be promulgated, and any  other  measures  necessary  for  the
 implementation  of  this act on its effective date shall be taken, on or
 before such effective date.

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