Bill S7934-2013

Provides for drug screening for certain children and provides for insurance coverage for such screening

Provides for mandatory drug screening for certain children; provides for insurance coverage for such screening.

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  • Aug 11, 2014: REFERRED TO RULES

Memo

BILL NUMBER:S7934

TITLE OF BILL:

An act to amend the public health law, in relation to providing drug screening for certain children; and to amend the insurance law, in relation to providing coverage for such drug screening

PURPOSE:

To ensure that children between the ages of 12 and 18 can be screened annually for illegal drugs as part of their annual physical examination by a licensed health care professional.

SUMMARY OF PROVISIONS:

Section 1 amends the Public Health Law by adding a new Section 2507, allowing for drug screening as part of an annual physical provided by a health care professional to a child between the ages of 12 and 18, with the drugs screened for to be determined by the Commissioner of Health. It further provides that a positive screen, absent any other proof of neglect or abuse does not meet the criteria of a reportable incident under article six of the social services law.

Section 2 adds a new paragraph 32 to subsection (i) of Section 3216 of the Insurance Law, mandating health insurance coverage for pediatric drug screens within health plans and policies, with no deductible, coinsurance or copayments. It further provides for non-disclosure of screening results for purposes of payment from an insurer to a provider, and specifically provides for consent for release.

Section 3 adds a new subsection (t) to Section 3221 of the Insurance Law, requiring coverage for pediatric drug screening in all group health insurance plans, with no deductible, coinsurance or copayments. It further provides for non-disclosure of screening results for purposes of payment from an insurer to a provider, and specifically provides for consent for release.

Section 4 amends Section 4303 of the Insurance law, by adding a new subsection (oo), requiring every non-profit health or hospital services corporation to provide coverage for pediatric drug screenings, with no deductible, coinsurance or copayments. It further provides for non-disclosure of screening results for purposes of payment from an insurer to a provider, and specifically provides for consent for release.

Section 5 Makes the act effective on the ninetieth day after it becomes law and the provisions of sections two, three and four shall apply to all policies issued, modified or renewed after that date.

JUSTIFICATION:

According to a University of Michigan Study (Monitoring the Future -2013), by the twelfth grade almost half of all adolescents have abused an illicit drug at least one time.

As reported on MedicalNet.com, a study conducted by Dr. Roxanne Dryden-Edwards found that in 2013, the proportions of students indicating any use of an illicit drug in the prior 12 months were 15 percent, 32 percent, and 40 percent in grades 8, 10 and 12, respectively-higher than the previous year by 1.5, 1.6 and 0.6 percentage points for the same grades (only the change at 8th grade is statistically significant). For the three grades combined, the rate was up by 1.3 percentage points, also a statistically significant increase.

The percentages indicating any use in their lifetime were 20 percent, 39 percent and 50 percent for grades 8, 10 and 12. In other words, half of America's high school seniors have tried an illicit drug by the time they graduate and four in 10 have used it in just the past year.

This indicates adolescent drug abuse has reached an alarming rate, and must be addressed and treated.

This legislation will help ensure that children, as part of their annual health care routine, are screened for drug abuse by a qualified health care provider, The legislation also requires health insurers to reimburse for the cost of the drug screen, protects the confidentiality of the drug screens, and protects parents from mandatory reporter laws when there is no other indication of neglect or abuse beyond the positive screen.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None anticipated in the current fiscal year.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it becomes law and the provisions of sections two, three and four shall apply to all policies issued, modified or renewed after that date.


Text

STATE OF NEW YORK ________________________________________________________________________ 7934 IN SENATE August 11, 2014 ___________
Introduced by Sen. TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to providing drug screening for certain children; and to amend the insurance law, in relation to providing coverage for such drug screening THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2507 to read as follows: S 2507. DRUG SCREENING FOR CERTAIN CHILDREN. 1. EVERY CHILD TWELVE YEARS OF AGE OR OLDER BUT YOUNGER THAN NINETEEN YEARS OF AGE MAY AS PART OF HIS OR HER ANNUAL PHYSICAL PROVIDED BY A HEALTH CARE PROFESSIONAL, BE SCREENED FOR THE USE OF DRUGS. DRUGS THAT SHALL BE SCREENED FOR UNDER THIS SECTION SHALL BE DETERMINED BY THE COMMISSIONER. FOR PURPOSES OF THIS SECTION THE TERM "HEALTH CARE PROFESSIONAL" SHALL MEAN A HEALTH CARE PROFESSIONAL APPROPRIATELY LICENSED, REGISTERED OR CERTIFIED PURSU- ANT TO TITLE EIGHT OF THE EDUCATION LAW. 2. A POSITIVE RESULT TO ANY TEST RECEIVED UNDER SUBDIVISION ONE OF THIS SECTION SHALL NOT BE REQUIRED TO BE REPORTED BY A HEALTH CARE PROFESSIONAL PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW IN THE ABSENCE OF EVIDENCE THAT SUCH CHILD HAS OTHERWISE BEEN THE SUBJECT OF NEGLECT OR ABUSE. S 2. Subsection (i) of section 3216 of the insurance law is amended by adding a new paragraph 32 to read as follows: (32)(A) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS STATE SHALL PROVIDE COVERAGE FOR DRUG SCREENING AS ESTABLISHED BY SECTION TWENTY-FIVE HUNDRED SEVEN OF THE PUBLIC HEALTH LAW. (B) COVERAGE PROVIDED PURSUANT TO THIS PARAGRAPH SHALL NOT BE SUBJECT TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS. (C) ANY REIMBURSEMENT MADE PURSUANT TO THIS PARAGRAPH TO A HEALTH CARE PROVIDER SHALL BE MADE WITHOUT DISCLOSURE TO ANY PARTY OF THE RESULTS OF SUCH DRUG SCREENING. DISCLOSURE OF THE RESULTS MAY ONLY BE MADE WITH THE WRITTEN CONSENT OF THE PARENT OF SUCH CHILD, OR IF SUCH CHILD IS SIXTEEN YEARS OF AGE OR OLDER, WITH THE CONSENT OF SUCH CHILD.
S 3. Section 3221 of the insurance law is amended by adding a new subsection (t) to read as follows: (T)(1) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS STATE SHALL PROVIDE COVERAGE FOR DRUG SCREENING AS ESTABLISHED BY SECTION TWENTY-FIVE HUNDRED SEVEN OF THE PUBLIC HEALTH LAW. (2) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS. (3) ANY REIMBURSEMENT MADE PURSUANT TO THIS SUBSECTION TO A HEALTH CARE PROVIDER SHALL BE MADE WITHOUT DISCLOSURE TO ANY PARTY OF THE RESULTS OF SUCH DRUG SCREENING. DISCLOSURE OF THE RESULTS MAY ONLY BE MADE WITH THE WRITTEN CONSENT OF THE PARENT OF SUCH CHILD, OR IF SUCH CHILD IS SIXTEEN YEARS OF AGE OR OLDER, WITH THE CONSENT OF SUCH CHILD. S 4. Section 4303 of the insurance law is amended by adding a new subsection (oo) to read as follows: (OO)(1) EVERY HEALTH INSURANCE POLICY ISSUED OR DELIVERED IN THIS STATE SHALL PROVIDE COVERAGE FOR DRUG SCREENING AS ESTABLISHED BY SECTION TWENTY-FIVE HUNDRED SEVEN OF THE PUBLIC HEALTH LAW. (2) COVERAGE PROVIDED PURSUANT TO THIS SUBSECTION SHALL NOT BE SUBJECT TO DEDUCTIBLES, COINSURANCE, OR COPAYMENTS. (3) ANY REIMBURSEMENT MADE PURSUANT TO THIS SUBSECTION TO A HEALTH CARE PROVIDER SHALL BE MADE WITHOUT DISCLOSURE TO ANY PARTY OF THE RESULTS OF SUCH DRUG SCREENING. DISCLOSURE OF THE RESULTS MAY ONLY BE MADE WITH THE WRITTEN CONSENT OF THE PARENT OF SUCH CHILD, OR IF SUCH CHILD IS SIXTEEN YEARS OF AGE OR OLDER, WITH THE CONSENT OF SUCH CHILD. S 5. This act shall take effect on the ninetieth day after it shall have become a law and the provisions of sections two, three and four of this act shall apply to all policies issued, modified or renewed on or after such date.

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