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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2476
SPONSOR: Dinowitz 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 PROVISIONS:
Section one of the bill adds paragraph 40 to subsection (1) of § 3216 of
the insurance law to require reimbursement. for Familial Dysautonomia,
Canavan's disease and Tay-Sachs testing under the provisions for indi-
vidual accident and health insurance policies. This paragraph also
states that in order to maintain the confidentiality of persons tested,
receipt of acknowledgment from the testing facility shall be deemed
sufficient evidence of testing.
Section two of the bill adds paragraph 23 to subsection (1) of § 3221 of
the insurance law to require reimbursement for Familial Dysautonomia,
Canavan's disease and Tay-Sachs testing under the provisions for group
or blanket accident and health insurance policies. This paragraph also
states that in order to maintain the confidentiality of persons tested,
receipt of acknowledgment from the testing facility shall be deemed
sufficient evidence of testing.
Section three of the bill adds subsection (ww) to § 4303 of the insur-
ance law to require reimbursement for Familial Dysautonomia, Canavan's
disease and Tay-Sachs testing by medical expense indemnity corporations,
hospital service corporations, or health service corporations. This
subsection also states that in order to maintain the confidentiality of
persons tested, receipt of acknowledgment from the testing facility
shall be deemed sufficient evidence of testing.
Section four of the bill provides the effective date.
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 ensure that individuals are able to
receive reimbursement for medical screening for these diseases through
their insurance carrier.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.1792 - Insurance / S.2926 - Insurance
2021-22: A.2272 - Insurance / S.8572 - Insurance
2019-20: A.2846 - Insurance
2017-18: A.2667- Insurance
2015-16: A.299 - Insurance
2013-14: A.4372-A - Insurance / S.209-A - Insurance
2011-12: A.264 - Insurance / S.2880 - Insurance
2009-10: A.1134 - Insurance
2007-08: A.4447 - Insurance
2005-06: A.2424-A - Insurance
2003-04: A.9263 - Insurance
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2476
2025-2026 Regular Sessions
IN ASSEMBLY
January 17, 2025
___________
Introduced by M. of A. DINOWITZ, PAULIN, BURDICK, BRAUNSTEIN, HEVESI,
COOK, SIMON, McDONOUGH, GONZALEZ-ROJAS, SHIMSKY, EACHUS -- read once
and referred 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:
1 Section 1. Subsection (i) of section 3216 of the insurance law is
2 amended by adding a new paragraph 40 to read as follows:
3 (40) (A) Every policy which provides coverage for hospital, surgical
4 or medical care or provides reimbursement for laboratory tests or
5 reimbursement for diagnostic X-ray services shall provide coverage for
6 testing for familial dysautonomia, Canavan's disease and Tay-Sachs.
7 (B) Such coverage shall be included at the inception of all new poli-
8 cies and, with respect to all other policies, at any anniversary date of
9 the policy subject to evidence of insurability.
10 (C) For purposes of this paragraph, in order to maintain the confiden-
11 tiality of persons tested, receipt of an acknowledgment from the labora-
12 tory performing the test for familial dysautonomia, Canavan's disease
13 and Tay-Sachs shall be deemed sufficient evidence of the performance of
14 such testing.
15 (D) Such coverage may be subject to annual deductibles and co-insu-
16 rance as may be deemed appropriate by the superintendent and as are
17 consistent with those established for other benefits within a given
18 policy.
19 § 2. Subsection (l) of section 3221 of the insurance law is amended by
20 adding a new paragraph 23 to read as follows:
21 (23) (A) A group policy which provides coverage for hospital, surgical
22 or medical care or provides reimbursement for laboratory tests or
23 reimbursement for diagnostic X-ray services shall provide coverage for
24 testing for familial dysautonomia, Canavan's disease and Tay-Sachs.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04430-01-5
A. 2476 2
1 (B) Such coverage shall be included at the inception of all new poli-
2 cies and, with respect to all other policies, at any anniversary date of
3 the policy subject to evidence of insurability.
4 (C) For purposes of this paragraph, in order to maintain the confiden-
5 tiality of persons tested, receipt of an acknowledgment from the labora-
6 tory performing the test for familial dysautonomia, Canavan's disease
7 and Tay-Sachs shall be deemed sufficient evidence of the performance of
8 such testing.
9 (D) Such coverage may be subject to annual deductibles and co-insu-
10 rance as may be deemed appropriate by the superintendent and as are
11 consistent with those established for other benefits within a given
12 policy.
13 § 3. Section 4303 of the insurance law is amended by adding a new
14 subsection (ww) to read as follows:
15 (ww) (1) A medical expense indemnity corporation, a hospital service
16 corporation or a health service corporation which provides coverage for
17 hospital, surgical or medical care or provides reimbursement for labora-
18 tory tests or reimbursement for diagnostic X-ray services shall provide
19 coverage for testing for familial dysautonomia, Canavan's disease and
20 Tay-Sachs.
21 (2) Such coverage shall be included at the inception of all new poli-
22 cies and, with respect to all other policies, at any anniversary date of
23 the policy subject to evidence of insurability.
24 (3) For purposes of this subsection, in order to maintain the confi-
25 dentiality of persons tested, receipt of an acknowledgment from the
26 laboratory performing the test for familial dysautonomia, Canavan's
27 disease and Tay-Sachs shall be deemed sufficient evidence of the
28 performance of such testing.
29 (4) Such coverage may be subject to annual deductibles and co-insu-
30 rance as may be deemed appropriate by the superintendent and as are
31 consistent with those established for other benefits within a given
32 policy.
33 § 4. This act shall take effect immediately.
