Amd §§3216, 3221 & 4303, Ins L; add §365-q, Soc Serv L
Requires that non-pharmaceutical alternative treatment options including but not limited to treatment provided by a licensed acupuncturist, licensed massage therapist, licensed chiropractor, and yoga instructor be covered by the medical assistance program and by private health insurers.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1628
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the insurance law and the social services law, in
relation to requiring the coverage of alternate treatment options by the
medical assistance program and private health insurers
PURPOSE:
This bill requires the coverage of alternative treatment options by the
medical assistance program and private insurers.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 3216 of the real property law by adding a new
paragraph 34.
Section two amends subsection 1 of section 3221 of the insurance law by
adding a new paragraph 20. Section three amends section 4303 of the
insurance law by adding a new subsection (rr).
Section four amends the social services law by adding a new section 365.
Section five establishes the effective date.
JUSTIFICATION:
The opioid epidemic has ravaged New York State, and all too often, indi-
viduals struggling with substance use disorder first become dependent
through prescription opioids intended to assist with pain management.
This pathway to substance use disorder does not need to be so common
though. Frequently, a patient's pain can be managed without the
prescription of opioids. In those cases, we must empower patients to
receive certain alternative treatments without paying out of pocket.
These alternatives include treatment provided by a licensed acupunctu-
rist, a licensed massage therapist, a licensed chiropractor or a yoga
instructor.
This legislation requires that every policy providing medical, coverage
must include coverage for alternative treatment for the purposes of pain
management, provided that the treatment is provided by a health care
provider or other licensed individual. The bill also requires the
commissioner, through consultation with providers, to establish stand-
ards and guidelines for the provision of alternate treatment for pain
management under the medical assistance program.
LEGISLATIVE HISTORY:
2023-24: A.1769 - Referred to Insurance
2021-22: A.434 - Referred to Insurance
2019-20: A.2772 - Referred to Insurance
2017-18: A.9834-A - Referred to Insurance
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1628
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law and the social services law, in
relation to requiring the coverage of alternate treatment options by
the medical assistance program and private health insurers
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) Every policy which provides medical, major medical, or similar
4 comprehensive type coverage shall include coverage for alternative
5 treatment utilized for pain management. Coverage provided under this
6 paragraph shall be limited to alternative treatment provided by a health
7 care provider or other licensed individual. For purposes of this
8 subsection, "alternative treatment" means non-pharmaceutical treatment
9 for pain management including but not limited to treatment provided by
10 (A) a licensed acupuncturist, (B) a licensed massage therapist, (C) a
11 licensed chiropractor, and (D) a yoga instructor.
12 § 2. Subsection (l) of section 3221 of the insurance law is amended by
13 adding a new paragraph 23 to read as follows:
14 (23) Every group or blanket policy which provides medical, major
15 medical, or similar comprehensive type coverage shall include coverage
16 for alternative treatment utilized for pain management. Coverage
17 provided under this paragraph shall be limited to alternative treatment
18 provided by a health care provider or other licensed individual. For
19 purposes of this subsection, "alternative treatment" means non-pharma-
20 ceutical treatment for pain management including but not limited to
21 treatment provided by (A) a licensed acupuncturist, (B) a licensed
22 massage therapist, (C) a licensed chiropractor, and (D) a yoga instruc-
23 tor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03981-01-5
A. 1628 2
1 § 3. Section 4303 of the insurance law is amended by adding a new
2 subsection (ww) to read as follows:
3 (ww) Every contract issued by a medical expense indemnity corporation,
4 hospital service corporation, or health service corporation which
5 provides medical, major medical, or similar comprehensive type coverage
6 shall include coverage for alternative treatment utilized for pain
7 management. Coverage provided under this subsection shall be limited to
8 alternative treatment provided by a health care provider or other
9 licensed individual. For purposes of this section, "alternative treat-
10 ment" means non-pharmaceutical treatment for pain management including
11 but not limited to treatment provided by (1) a licensed acupuncturist,
12 (2) a licensed massage therapist, (3) a licensed chiropractor, and (4) a
13 yoga instructor.
14 § 4. The social services law is amended by adding a new section 365-q
15 to read as follows:
16 § 365-q. Provision of alternative treatment for pain management. 1.
17 The commissioner shall establish standards and guidelines for the
18 provision of alternate treatment for pain management under the medical
19 assistance program. In establishing such standards and guidelines, the
20 commissioner shall consult with alternative treatment providers and
21 other interested parties.
22 2. For purposes of this title, "alternative treatment" means non-phar-
23 maceutical treatment for pain management including but not limited to
24 treatment provided by (a) a licensed acupuncturist, (b) a licensed
25 massage therapist, (c) a licensed chiropractor, and (d) a yoga instruc-
26 tor.
27 § 5. This act shall take effect on the one hundred twentieth day after
28 it shall have become a law. Effective immediately, the addition, amend-
29 ment and/or repeal of any rule or regulation necessary for the implemen-
30 tation of this act on its effective date are authorized to be made and
31 completed on or before such effective date.
