Provides for drug screening for certain children and provides for insurance coverage for such screening

Summary of provisions

Section 1 amends the Public Health Law by adding a new Section 2507, allowing for drug screening as part of an annual physical provided by a health care professional to a child between the ages of 12 and 18, with the drugs screened for to be determined by the Commissioner of Health. It further provides that a positive screen, absent any other proof of neglect or abuse does not meet the criteria of a reportable incident under article six of the social services law.

Section 2 adds a new paragraph 32 to subsection (i) of Section 3216 of the Insurance Law, mandating health insurance coverage for pediatric drug screens within health plans and policies, with no deductible, coinsurance or copayments. It further provides for non-disclosure of screening results for purposes of payment from an insurer to a provider, and specifically provides for consent for release.

Section 3 adds a new subsection (t) to Section 3221 of the Insurance Law, requiring coverage for pediatric drug screening in all group health insurance plans, with no deductible, coinsurance or copayments. It further provides for non-disclosure of screening results for purposes of payment from an insurer to a provider, and specifically provides for consent for release.

Section 4 amends Section 4303 of the Insurance law, by adding a new subsection (oo), requiring every non-profit health or hospital services corporation to provide coverage for pediatric drug screenings, with no deductible, coinsurance or copayments. It further provides for non-disclosure of screening results for purposes of payment from an insurer to a provider, and specifically provides for consent for release.

Section 5 Makes the act effective on the ninetieth day after it becomes law and the provisions of sections two, three and four shall apply to all policies issued, modified or renewed after that date.

Justification

According to a University of Michigan Study (Monitoring the Future -2013), by the twelfth grade almost half of all adolescents have abused an illicit drug at least one time.

As reported on MedicalNet.com, a study conducted by Dr. Roxanne Dryden-Edwards found that in 2013, the proportions of students indicating any use of an illicit drug in the prior 12 months were 15 percent, 32 percent, and 40 percent in grades 8, 10 and 12, respectively-higher than the previous year by 1.5, 1.6 and 0.6 percentage points for the same grades (only the change at 8th grade is statistically significant). For the three grades combined, the rate was up by 1.3 percentage points, also a statistically significant increase.

The percentages indicating any use in their lifetime were 20 percent, 39 percent and 50 percent for grades 8, 10 and 12. In other words, half of America's high school seniors have tried an illicit drug by the time they graduate and four in 10 have used it in just the past year.

This indicates adolescent drug abuse has reached an alarming rate, and must be addressed and treated.

This legislation will help ensure that children, as part of their annual health care routine, are screened for drug abuse by a qualified health care provider, The legislation also requires health insurers to reimburse for the cost of the drug screen, protects the confidentiality of the drug screens, and protects parents from mandatory reporter laws when there is no other indication of neglect or abuse beyond the positive screen.

Legislative history

New bill.

Fiscal implications

None anticipated in the current fiscal year.

Effective date

This act shall take effect on the ninetieth day after it becomes law and the provisions of sections two, three and four shall apply to all policies issued, modified or renewed after that date.