Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens; establishes educational measures and the tick borne illness research, detection and education fund.

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S3478-2013 Actions

• Apr 22, 2013: REPORTED AND COMMITTED TO HEALTH
• Mar 21, 2013: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Feb 4, 2013: REFERRED TO INSURANCE

S3478-2013 Meetings

Insurance: Apr 22, 2013

S3478-2013 Votes

S3478-2013 Memo

BILL NUMBER:S3478

TITLE OF BILL:  An act to amend the insurance law and the workers'
compensation law, in relation to coverage of long term medical care for
Lyme disease and other tick borne related pathogens; and to amend the
public health law, the tax law and the state finance law, in relation to
providing for taxpayer gifts for tick borne illness research, detection
and education and establishing the tick borne illness research,
detection and education fund

PURPOSE:  To require health insurers to provide coverage for long term
medical care for Lyme disease and other tick borne related pathogens.

To add Lyme Disease and other tick borne illnesses to those occupational
diseases which are compensable under the Workers' Compensation Law. To
increases public awareness and community outreach for prevention of tick
bites and treatment of tick borne illness symptoms. To provide funding
and encourage charitable donations for research and efforts to raise
public awareness of tick borne illness.

SUMMARY OF PROVISIONS:

Section 1 titles the bill the "Tick borne illness treatment and educa-
tion act of 2013 (The TickBITE Act)."

Section 2 adds Lyme disease to those ailments covered by insurance law
by amending subsection (1) of section 3216 of the insurance law by
adding a new paragraph 30.

Section 3 amends subsection (1) of section 3221 of the insurance law by
adding a new paragraph 19. Section 4 amend section 4303 of the insurance
law by adding a new subsection (jj).

Section 5 amends adds Lyme disease to the occupational diseases which
are compensable under the workers compensation law by amending paragraph
30 of subdivision 2 of section 3 of the workers' compensation law, as
renumbered by

As with insurance law, worker's compensation law currently fails to
cover tick borne illness. The spread of Lyme Disease in the Hudson
Valley and other parts of New York State among workers who are involved
in outdoor activities has been growing steadily in the past few years:
The disease is spread by a tick which is encountered in the brush. The
cost of treatment for this debilitating disease is expensive.

LEGISLATIVE HISTORY:  This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  Compensation for
those infected with tick borne illnesses.

EFFECTIVE DATE:  This act shall take effect on the one hundred twentieth
day after it shall have become law provided, however, that effective

immediately, the addition, amendment and/or repeal of any rules or regu-
lations necessary for the implementation of the foregoing sections of
this act on its effective date is authorized and directed to be made and
completed on or before such date.

S3478-2013 Text

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

                                    3478

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 4, 2013
                                 ___________

  Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
    printed to be committed to the Committee on Insurance

  AN ACT to amend the insurance law and the workers' compensation law,  in
    relation  to  coverage  of long term medical care for Lyme disease and
    other tick borne related pathogens; and to  amend  the  public  health
    law,  the  tax law and the state finance law, in relation to providing
    for taxpayer gifts for tick  borne  illness  research,  detection  and
    education  and establishing the tick borne illness research, detection
    and education fund

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


    Section 1. This act shall be known and may be cited as the "tick borne
  illness treatment and education act of 2013".
    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  INSURER ISSUING A POLICY OF ACCIDENT AND HEALTH INSURANCE
  FOR DELIVERY IN THIS STATE SHALL PROVIDE  COVERAGE  FOR  ALL  COSTS  FOR
  TREATMENT  OF  LYME  DISEASE  (LYME  BORRELIOSIS)  AND  OTHER TICK BORNE
  RELATED PATHOGENS. SUCH TREATMENT SHALL INCLUDE  NOT  LESS  THAN  THIRTY
  DAYS  OF  INTRAVENOUS  ANTIBIOTIC THERAPY, SIXTY DAYS OF ORAL ANTIBIOTIC
  THERAPY, OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT IF RECOMMENDED  BY
  A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW YORK.
    S 3. Subsection (l) 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 ALL COSTS  FOR  TREATMENT  OF  LYME  DISEASE  (LYME
  BORRELIOSIS)  AND  OTHER  TICK  BORNE  RELATED PATHOGENS. SUCH TREATMENT
  SHALL INCLUDE NOT LESS THAN THIRTY DAYS OF INTRAVENOUS ANTIBIOTIC THERA-
  PY, SIXTY DAYS OF ORAL ANTIBIOTIC THERAPY, OR BOTH,  AND  SHALL  PROVIDE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08366-03-3

 S. 3478                             2

  FURTHER  TREATMENT  IF  RECOMMENDED  BY A PHYSICIAN LICENSED TO PRACTICE
  MEDICINE IN THE STATE OF NEW YORK.
    S  4.  Section  4303  of  the insurance law is amended by adding a new
  subsection (jj) to read as follows:

    (JJ) EVERY 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  FOR  TREATMENT  OF LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK
  BORNE RELATED PATHOGENS.   SUCH TREATMENT SHALL INCLUDE  NOT  LESS  THAN
  THIRTY  DAYS OF INTRAVENOUS ANTIBIOTIC THERAPY, SIXTY DAYS OF ORAL ANTI-
  BIOTIC THERAPY, OR BOTH, AND SHALL PROVIDE FURTHER TREATMENT  IF  RECOM-
  MENDED  BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF NEW
  YORK.
    S 5. Paragraph 30 of subdivision  2  of  section  3  of  the  workers'
  compensation  law,  as renumbered by chapter 665 of the laws of 1971, is
  renumbered paragraph 31 and a new paragraph  30  is  added  to  read  as
  follows:

  30. LYME DISEASE                        30. ANY PROCESS INVOLVING FARMING,
  (LYME BORRELIOSIS)                      LANDSCAPING OPERATIONS, TREE
  AND OTHER TICK BORNE                    PRUNING, SPRAYING, REPAIRING,
  RELATED PATHOGENS.                      OR RELATED OCCUPATION WHICH
                                          CREATES EXPOSURE TO LYME
                                          DISEASE CARRYING ORGANISMS
                                          OR CARE OR HANDLING OF ANIMALS.
    S  6. The closing paragraph of subdivision 2 of section 3 of the work-
  ers' compensation law, as amended by chapter 666 of the laws of 1971, is
  amended to read as follows:

    Nothing in paragraph [thirty] THIRTY-ONE of this subdivision shall  be
  construed  to  apply  to  any  disability  or  death  due to any disease
  described in paragraph twenty-nine of this subdivision.
    S 7. Subdivision 9 of section 201 of the workers' compensation law  is
  amended by adding a new paragraph C to read as follows:

    C.  "DISABILITY"  ALSO  INCLUDES DISABILITY CAUSED BY OR IN CONNECTION
  WITH LYME DISEASE (LYME BORRELIOSIS) AND OTHER TICK BORNE RELATED PATHO-
  GENS.
    S 8. The public health law is amended by adding a new article 27-FF to
  read as follows:

                                ARTICLE 27-FF
                              EDUCATION PROGRAM
  SECTION 2790. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION.
    S 2790. TICK BORNE ILLNESS RESEARCH, DETECTION  AND  EDUCATION.    THE
  COMMISSIONER  SHALL ESTABLISH WITHIN THE DEPARTMENT A PROGRAM TO PROMOTE
  RESEARCH, DETECTION AND PATIENT EDUCATION REGARDING TICK  BORNE  RELATED
  PATHOGENS.  TO  CARRY OUT THE PURPOSES OF THIS SECTION, THE COMMISSIONER
  SHALL HAVE THE FOLLOWING POWERS AND DUTIES:

    1. TO PROMOTE PATIENT EDUCATION PROGRAMS DESIGNED TO REDUCE OR PREVENT
  THE INCIDENCE AND SEVERITY OF TICK BORNE ILLNESSES SUCH AS LYME  DISEASE
  AND INCREASE DETECTION OF SUCH ILLNESSES;
    2.  TO  PROMOTE  RESEARCH  FOR  TREATMENT,  PREVENTION  AND  DETECTION
  PROGRAMS DESIGNED TO REDUCE THE INCIDENCE AND  SEVERITY  OF  TICK  BORNE
  ILLNESSES SUCH AS LYME DISEASE AND INCREASE DETECTION OF SUCH ILLNESSES;
    3. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER FUNDS OR APPROPRI-
  ATIONS  AS MAY BE AVAILABLE FOR THESE PURPOSES SUBJECT TO LIMITATIONS AS
  TO THE APPROVAL OF EXPENDITURES AND AUDIT AS PRESCRIBED FOR STATE  FUNDS
  BY THE STATE FINANCE LAW; AND

 S. 3478                             3

    4.  TO  ENTER  INTO CONTRACTS WITHIN THE AMOUNTS AVAILABLE THEREFOR AS
  MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
    S  9.  The tax law is amended by adding a new section 209-H to read as
  follows:

    S 209-H. GIFT FOR TICK BORNE ILLNESS RESEARCH,  DETECTION  AND  EDUCA-
  TION.    A  TAXPAYER  IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
  SUPPORT OF THE TICK BORNE  ILLNESS  RESEARCH,  DETECTION  AND  EDUCATION
  FUND.  SUCH  CONTRIBUTION  SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL
  NOT REDUCE THE AMOUNT OF THE  STATE  TAX  OWED  BY  SUCH  TAXPAYER.  THE
  COMMISSIONER  SHALL  INCLUDE SPACE ON THE CORPORATE INCOME TAX RETURN TO
  ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING  ANY  OTHER
  PROVISION  OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
  BE CREDITED TO THE TICK BORNE ILLNESS RESEARCH, DETECTION AND  EDUCATION
  FUND  AND  SHALL  BE  USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION
  NINETY-SEVEN-CC OF THE STATE FINANCE LAW.
    S 10. The tax law is amended by adding a new section 630-c to read  as
  follows:

    S  630-C.  GIFT  FOR TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCA-
  TION.  AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO  THE
  TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. SUCH CONTRIB-
  UTION  SHALL  BE  IN  ANY  WHOLE  DOLLAR AMOUNT AND SHALL NOT REDUCE THE
  AMOUNT OF STATE TAX OWED BY  SUCH  INDIVIDUAL.  THE  COMMISSIONER  SHALL
  INCLUDE  SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO
  MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW  ALL
  REVENUES  COLLECTED  PURSUANT  TO  THIS SECTION SHALL BE CREDITED TO THE
  TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND AND USED  ONLY
  FOR  THOSE  PURPOSES  ENUMERATED IN SECTION NINETY-SEVEN-CC OF THE STATE
  FINANCE LAW.
    S 11. The state finance law is amended by adding a new  section  97-cc
  to read as follows:

    S 97-CC. TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND. 1.
  THERE  IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF
  TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN  AS
  THE "TICK BORNE ILLNESS RESEARCH, DETECTION AND EDUCATION FUND".
    2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
  OF TAXATION AND FINANCE, PURSUANT TO  THE  PROVISIONS  OF  SECTIONS  TWO
  HUNDRED  NINE-H  AND  SIX  HUNDRED THIRTY-C OF THE TAX LAW AND ALL OTHER
  MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED  THERETO  FROM  ANY  OTHER
  FUND  OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL
  PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR  THE
  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
  THE FUND ACCORDING TO LAW.
    3.  MONIES  OF  THE FUND SHALL BE EXPENDED ONLY FOR TICK BORNE ILLNESS
  RESEARCH, DETECTION AND EDUCATION PROJECTS. AS  USED  IN  THIS  SECTION,
  "TICK  BORNE  ILLNESS  RESEARCH, DETECTION AND EDUCATION PROJECTS" MEANS
  EDUCATIONAL PROJECTS, INCLUDING GRANTS FOR TICK BORNE ILLNESS  RESEARCH,
  DETECTION AND EDUCATION, WHICH, PURSUANT TO SECTION TWENTY-SEVEN HUNDRED
  NINETY  OF  THE  PUBLIC  HEALTH  LAW,  ARE APPROVED BY THE DEPARTMENT OF
  HEALTH.
    4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
  THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
  OF HEALTH.
    5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
  THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
  END OF THAT FISCAL YEAR.

 S. 3478                             4

    S 12. This act shall take effect on  the  one  hundred  twentieth  day
  after it shall have become a law provided, however, that effective imme-
  diately,  the  addition,  amendment  and/or repeal of any rules or regu-
  lations necessary for the implementation of this act  on  its  effective
  date are authorized to be made on or before such effective date.