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

2 Co-sponsors

• Eric Adams
• Suzi Oppenheimer

BILL NUMBER:S8039 REVISED 06/03/10

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

Adds a new paragraph 26 to section 3216 of the Insurance Law to require each insurer issuing an accident or health insurance policy in this state to provide coverage for medical nutrition therapy. Adds a new paragraph 18 to section 3221 of the Insurance Law which makes the same requirement for group accident and health policies. Adds a new subsection (ff) to section 4303 of the Insurance Law 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.

Effects of present law which this bill would alter

Amends Subsection (i) of section 3216 of the Insurance Law by adding a new paragraph 26.

Amends Subsection (l) of section 3221 of the Insurance Law by adding a new paragraph 18.

Amends Section 4303 of the Insurance Law by adding a new subsection (ff).

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 are 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

Senate - New Bill

Assembly - 2007/08 - A.3857 - Ref to Insurance 2005-2006 - A.2124 Ref to Insurance A.6620 - 2004 A.1056 - 2002 A.730 of 1999 A.9640 of 1999

Fiscal implications

None.

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.