Bill S7977-2009

Authorizes reimbursement for testing for familial dysautonomia, Canavan's disease and Tay-Sachs

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.

Details

Actions

  • Jun 22, 2010: referred to insurance
  • Jun 22, 2010: DELIVERED TO ASSEMBLY
  • Jun 22, 2010: PASSED SENATE
  • Jun 9, 2010: ADVANCED TO THIRD READING
  • Jun 8, 2010: 2ND REPORT CAL.
  • Jun 7, 2010: 1ST REPORT CAL.757
  • May 27, 2010: REFERRED TO INSURANCE

Votes

VOTE: COMMITTEE VOTE: - Insurance - Jun 7, 2010
Ayes (13): Breslin, Stachowski, Kruger, Diaz, Parker, Sampson, Thompson, Johnson C, Espada, Peralta, LaValle, Leibell, McDonald
Ayes W/R (3): Alesi, Golden, Young
Nays (2): Seward, Larkin

Memo

BILL NUMBER:S7977

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 SPECIFIC 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 on order to maintain the confidentiality of persons tested, receipt of acknowledgement 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: 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: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7977 IN SENATE May 27, 2010 ___________
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 27 to read as follows: (27) (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. (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 (gg) to read as follows: (GG) (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.

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