This bill has been amended

Bill S3478-2013

Requires health insurers to provide coverage for long term medical care for Lyme disease and other tick borne related pathogens; establishes educational measures

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

Details

Actions

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

Meetings

Votes

VOTE: COMMITTEE VOTE: - Insurance - Apr 22, 2013
Ayes (8): Carlucci, Breslin, Espaillat, Kennedy, Parker, Stavisky, O'Brien, Peralta
Ayes W/R (4): Golden, Martins, Valesky, Young
Nays (7): Seward, Flanagan, Grisanti, Lanza, Larkin, LaValle, O'Mara

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 education 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 regulations 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3478 2013-2014 Regular Sessions IN 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
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
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 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.

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