Requires that medicaid and health insurance plans provide coverage for costs of prescription smoking cessation treatment that is ordered by a physician; establishes a coverage limit of $400 for each covered individual.

---

S3132-2013 Actions

• Jan 30, 2013: REFERRED TO INSURANCE

S3132-2013 Memo

BILL NUMBER:S3132

TITLE  OF  BILL:    An  act to amend the insurance law, in relation to
coverage for treatment of smoking cessation

PURPOSE:  To extend health insurance coverage to individuals for  whom
a physician prescribes or orders smoking cessation treatment.

SUMMARY OF PROVISIONS:

Section  1  amends  Section  4303 of the Insurance Law by adding a new
subsection (1-1) requiring hospital or health service corporations  to
provide  up  to $400 worth of coverage for smoking cessation treatment
ordered by a physician.

Section 2 amends subsection (i) of Section 3216 of the  Insurance  Law
by  adding  a  new paragraph (30) which requires insurance policies to
provide up  to  $400  of  coverage  for  smoking  cessation  treatment
recommended or prescribed by a physician.

Section  3  amends subsection (1) of Section 3221 of the Insurance Law
by adding a new paragraph 19 requiring every group or  blanket  policy
in  New York State providing hospital, surgical or medical coverage to
include up  to  $400  of  coverage  for  smoking  cessation  treatment
recommended or prescribed by a physician.

JUSTIFICATION:    Tobacco  addiction  is one of the costliest and most
easily avoidable public health problems, requiring Americans and their
families to spend millions of dollars every  year  for  the  illnesses
that  are caused by smoking. There are smoking cessation programs that
currently are available, however, these highly effective programs  are
not  always  covered  by  either  state  or  private  health insurers.
Smoking cessation programs are relatively inexpensive when compared to
the  costly  treatments  required  for  victims   of   smoking-related
illnesses.  This legislation is necessary for smokers who wish to quit
but cannot afford to pay all the expenses of such  programs  on  their
own.  In  addition,  smoking  cessation  programs  should be made more
accessible to those who wish to quit smoking, particularly in light of
the recent tax increases on cigarettes in New York State. As the price
of cigarettes continues  to  rise,  more  people  will  want  to  stop
smoking.  Including  insurance coverage for smoking cessation programs
will make the goal of quitting smoking easier, increase public  health
and  reduce  the  high  expense  of treating smoking related illnesses
later in life.

FISCAL IMPLICATIONS:  To be determined. It is expected that the  costs
of  providing coverage required by this bill to be more than offset by
the savings to families and state insurance programs in  hospital  and
medical costs.

EFFECTIVE  DATE:  This act shall take effect on the 180th day after it
shall become a law and shall  apply  to  all  policies  and  contracts
issued, renewed, modified or amended after such date.

S3132-2013 Text

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

                                    3132

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 30, 2013
                                 ___________

  Introduced  by  Sen. KRUEGER -- 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 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 30 to read as follows:

    (30) EVERY POLICY SHALL PROVIDE COVERAGE  FOR  COSTS  OF  PRESCRIPTION
  SMOKING  CESSATION TREATMENT THAT IS ORDERED BY A PHYSICIAN. SUCH COVER-
  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:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01001-01-3

 S. 3132                             2

    (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.