Provides that every policy which provides coverage for hospital, surgical or medical care or provides reimbursement for laboratory tests or diagnostic X-rays shall provide coverage for testing of familial dysautonomia, Canavan's disease and Tay-Sachs; provides that in order to maintain the confidentiality of persons tested, receipt of acknowledgement from the testing facility shall be deemed sufficient evidence of testing.

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S2880-2011 Actions

• Jan 4, 2012: REFERRED TO INSURANCE
• Feb 2, 2011: REFERRED TO INSURANCE

S2880-2011 Memo

BILL NUMBER:S2880

TITLE OF BILL:
An act
to amend the insurance law, in relation to reimbursement for testing for
familial dysautonomia, Canavan's disease and Tay-Sachs

PURPOSE OR GENERAL IDEA OF BILL:
To authorize reimbursement for testing for familial dysautonomia,
Canavan's disease and Tay-Sachs

SUMMARY OF PROVISIONS:
Amends subsection (1) of Section 3216, subsection (1) of Section 3221
and Section 4303 of the Insurance Law, to authorize reimbursement for
Familial Dysautonomia, Canavan's disease and Tay-Sachs testing.

The bill also states that in order to maintain the confidentiality of
persons tested, receipt of acknowledgment from the testing facility
shall be deemed sufficient evidence of testing.

JUSTIFICATION:
Familial Dysautonomia, Canavan's disease and Tay-Sachs are genetic
diseases which cause degeneration of the nervous system, and result
in death. No treatment is currently available for any of these
diseases, however, an infant can only be afflicted with the disease
if both the mother and father are carriers. There is currently a
testing system in place which screens individuals before marriage to
determine if they are carriers. This legislation would insure that
individuals are able to receive reimbursement for medical screening
for these diseases through their insurance carrier.

PRIOR LEGISLATIVE HISTORY:
2011:     A.264
2010:     S.7977
2009-10:  A.1134   Referred to Insurance
2007-08:  A.4447   Referred to Insurance
2005-06:  A.2424-A Referred to Insurance
2003-04:  A.9263   Referred to Insurance

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S2880-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2880

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 2, 2011
                                 ___________

  Introduced  by Sen. SQUADRON -- 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  reimbursement  for
    testing for familial dysautonomia, Canavan's disease and Tay-Sachs

    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)  (A)  EVERY POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
  OR MEDICAL CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY  TESTS  OR
  REIMBURSEMENT  FOR  DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR
  TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.
    (B) SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW  POLI-
  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
    (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
  TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
  TORY  PERFORMING  THE  TEST FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE
  AND TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE  OF
  SUCH TESTING.
    (D)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
  RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
  CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
  POLICY.
    S 2. Subsection (l) of section 3221 of the insurance law is amended by
  adding a new paragraph 18 to read as follows:

    (18) (A) A GROUP POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
  OR MEDICAL CARE  OR  PROVIDES  REIMBURSEMENT  FOR  LABORATORY  TESTS  OR
  REIMBURSEMENT  FOR  DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE FOR
  TESTING FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE AND TAY-SACHS.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03204-01-1

 S. 2880                             2

    (B) SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW  POLI-
  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
    (C) FOR PURPOSES OF THIS PARAGRAPH, IN ORDER TO MAINTAIN THE CONFIDEN-
  TIALITY OF PERSONS TESTED, RECEIPT OF AN ACKNOWLEDGMENT FROM THE LABORA-
  TORY  PERFORMING  THE  TEST FOR FAMILIAL DYSAUTONOMIA, CANAVAN'S DISEASE
  AND TAY-SACHS SHALL BE DEEMED SUFFICIENT EVIDENCE OF THE PERFORMANCE  OF
  SUCH TESTING.
    (D)  SUCH  COVERAGE  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND CO-INSU-
  RANCE AS MAY BE DEEMED APPROPRIATE BY  THE  SUPERINTENDENT  AND  AS  ARE
  CONSISTENT  WITH  THOSE  ESTABLISHED  FOR  OTHER BENEFITS WITHIN A GIVEN
  POLICY.
    S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
  subsection (hh) to read as follows:

    (HH)  (1)  A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
  CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE  FOR
  HOSPITAL, SURGICAL OR MEDICAL CARE OR PROVIDES REIMBURSEMENT FOR LABORA-
  TORY  TESTS OR REIMBURSEMENT FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE
  COVERAGE FOR TESTING FOR FAMILIAL DYSAUTONOMIA,  CANAVAN'S  DISEASE  AND
  TAY-SACHS.
    (2)  SUCH COVERAGE SHALL BE INCLUDED AT THE INCEPTION OF ALL NEW POLI-
  CIES AND, WITH RESPECT TO ALL OTHER POLICIES, AT ANY ANNIVERSARY DATE OF
  THE POLICY SUBJECT TO EVIDENCE OF INSURABILITY.
    (3) FOR PURPOSES OF THIS SUBSECTION, IN ORDER TO MAINTAIN  THE  CONFI-
  DENTIALITY  OF  PERSONS  TESTED,  RECEIPT  OF AN ACKNOWLEDGMENT FROM THE
  LABORATORY PERFORMING THE  TEST  FOR  FAMILIAL  DYSAUTONOMIA,  CANAVAN'S
  DISEASE  AND  TAY-SACHS  SHALL  BE  DEEMED  SUFFICIENT  EVIDENCE  OF THE
  PERFORMANCE OF SUCH TESTING.
    (4) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL  DEDUCTIBLES  AND  CO-INSU-
  RANCE  AS  MAY  BE  DEEMED  APPROPRIATE BY THE SUPERINTENDENT AND AS ARE
  CONSISTENT WITH THOSE ESTABLISHED FOR  OTHER  BENEFITS  WITHIN  A  GIVEN
  POLICY.
    S 4. This act shall take effect immediately.