Bill S93-2011

Requires coverage of medical nutrition therapy by health and accident insurance policies

Requires all accident and health insurance policies to provide coverage of medical nutrition therapy; defines medical nutrition therapy to mean the nutritional diagnostic, therapy, and counseling services for the purpose of disease management which are furnished by a dietician or nutrition professional.

Details

Actions

  • Jan 4, 2012: REFERRED TO INSURANCE
  • Mar 23, 2011: NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN
  • Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 5, 2011: REFERRED TO INSURANCE

Memo

BILL NUMBER:S93

TITLE OF BILL: An act to amend the insurance law, in relation to making coverage for medical nutrition therapy applicable to insurance policies and contracts

PURPOSE OR GENERAL IDEA OF BILL: To specifically stipulate that medical nutrition therapy will be covered under individual and group health insurance policies.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 Amends Section 3216 (i) of the Insurance Law by adding a new paragraph 28. Requires each insurer issuing an accident or health insurance policy in this state to provide coverage for medical nutrition therapy.

Section 2 Amends Section 3221 (1) of the Insurance Law by adding a new paragraph 18 which makes the same requirement for group accident and health policies.

Section 3 Amends Section 4303 of the Insurance Law by adding a new subsection (hh) which makes the same requirement for policies offered by medical expense indemnity companies, hospital service corporations and health service corporations. Defines Medical Nutrition Therapy as nutritional diagnostic, therapy, and counseling service for the purpose of disease management which are furnished by a dietitian or nutrition professional certified pursuant to article one hundred fifty seven of the education law.

Section 4 Effective Date

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Adds a new paragraph 28 to Section 3216 (i) of the Insurance Law.

Adds a new paragraph 18 to Section 3221 (1) of the Insurance Law.

Adds a new subsection (hh) to Section 4303 of the Insurance Law.

JUSTIFICATION: According to the Surgeon General 8 of the 10 leading causes of death can be influenced by diet, including diabetes, heart disease, cancer, low birth weight and obesity. These problems cost billions of dollars because of health care costs and lost productivity.

The number of deaths from obesity is now approaching those from tobacco.

Medical nutrition therapy (MNT) saves money by providing alternatives to more costly therapies for nutrition related disease, by decreasing length of hospital stay and by preventing the need for expensive medications, surgery and hospitalizations. Medical nutrition therapy plays a key role throughout the continuum of care in all practice settings and phases of the life cycle, from prenatal care to care of older Americans.

After nutrition screening identifies those at risk, appropriate medical nutrition therapy leads to improved health outcomes resulting in improved quality of life and cost savings.

Dietetic professionals are key members of the health care team and are uniquely qualified to provide medical nutrition therapy. Current law does not specifically stipulate that medical nutrition therapy be covered under individual and group health insurance policies. However, the federal Medicare program now covers MNT for certain conditions. This bill would require MNT to be covered under those insurance policies.

PRIOR LEGISLATIVE HISTORY:; 2010: S.8039 - Referred to Insurance/A.6398A- Referred to Insurance Referred to Insurance 2009: A.6398 - Referred to Insurance 2007-08: A.3857 - Referred to Insurance 2005-06 A.2124 - Referred to Insurance 2003-04: A.6620 - Referred to Insurance 2001-02: S.1531 - Referred to Insurance/A/1056 - Referred to Insurance 1999-00: S.495 - Refereed to Insurance/A.730 - Referred to Insurance 1988: S.5982 - Referred to Insurance/A.9640 - Referred to Insurance/A.9640 Referred to Insurance

FISCAL IMPLICATIONS:; None to State

EFFECTIVE DATE:; This act shall take effect on the one hundred twentieth 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; and provided further, 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 93 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. DIAZ -- 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 making coverage for medical nutrition therapy applicable to insurance policies and contracts 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 28 to read as follows: (28) EVERY POLICY SHALL PROVIDE COVERAGE FOR ALL COSTS OF MEDICAL NUTRITION THERAPY, IF RECOMMENDED OR PRESCRIBED BY A PHYSICIAN. FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL NUTRITION THERAPY" SHALL MEAN NUTRITIONAL DIAGNOSTIC, THERAPY, AND COUNSELING SERVICES FOR THE PURPOSE OF DISEASE MANAGEMENT WHICH ARE FURNISHED BY A DIETITIAN OR NUTRITION PROFESSIONAL CERTIFIED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW. S 2. Subsection (l) of section 3221 of the insurance law is amended by adding a new paragraph 18 to read as follows: (18) 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 OF MEDICAL NUTRITION THERAPY, IF RECOM- MENDED OR PRESCRIBED BY A PHYSICIAN. FOR PURPOSES OF THIS PARAGRAPH, "MEDICAL NUTRITION THERAPY" SHALL MEAN NUTRITIONAL DIAGNOSTIC, THERAPY, AND COUNSELING SERVICES FOR THE PURPOSE OF DISEASE MANAGEMENT WHICH ARE FURNISHED BY A DIETITIAN OR NUTRITION PROFESSIONAL CERTIFIED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW. S 3. Section 4303 of the insurance law is amended by adding a new subsection (hh) to read as follows: (HH) EVERY CONTRACT ISSUED BY A 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 OF MEDICAL NUTRITION THERAPY, IF RECOM- MENDED OR PRESCRIBED BY A PHYSICIAN. FOR PURPOSES OF THIS SUBSECTION, "MEDICAL NUTRITION THERAPY" SHALL MEAN NUTRITIONAL DIAGNOSTIC, THERAPY, AND COUNSELING SERVICES FOR THE PURPOSE OF DISEASE MANAGEMENT WHICH ARE FURNISHED BY A DIETITIAN OR NUTRITION PROFESSIONAL CERTIFIED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW. S 4. This act shall take effect on the one hundred twentieth 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; and provided further, that any rules and regulations necessary to implement the provisions of this act are authorized and directed to be promulgat- ed, amended or repealed on or before such effective date.

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