2012 New York Consolidated Laws
ISC - Insurance
Article 32 - (3201 - 3239) INSURANCE CONTRACTS - LIFE, ACCIDENT AND HEALTH, ANNUITIES
3235-A - Payment for early intervention services.

 
    §  3235-a.  Payment  for early intervention services. (a) No policy of
  accident and health insurance, including contracts  issued  pursuant  to
  article   forty-three  of  this  chapter,  shall  exclude  coverage  for
  otherwise covered  services  solely  on  the  basis  that  the  services
  constitute  early  intervention  program  services  under title two-A of
  article twenty-five of the public health law.
    (b) Where a policy of  accident  and  health  insurance,  including  a
  contract  issued  pursuant  to  article  forty-three  of  this  chapter,
  provides coverage  for  an  early  intervention  program  service,  such
  coverage  shall  not  be  applied against any maximum annual or lifetime
  monetary limits set forth in such policy or contract. Visit  limitations
  and  other  terms and conditions of the policy will continue to apply to
  early  intervention  services.  However,  any  visits  used  for   early
  intervention  program  services  shall  not  reduce the number of visits
  otherwise available under the policy or contract for such services.
    (c) Any right of subrogation  to  benefits  which  a  municipality  or
  provider  is  entitled  in  accordance with paragraph (d) of subdivision
  three of section twenty-five hundred fifty-nine of the public health law
  shall be valid and enforceable to  the  extent  benefits  are  available
  under any accident and health insurance policy. The right of subrogation
  does  not  attach  to  insurance  benefits  paid  or  provided under any
  accident and health insurance policy prior to receipt by the insurer  of
  written  notice  from  the  municipality or provider, as applicable. The
  insurer shall provide the  municipality  and  service  coordinator  with
  information  on  the  extent of benefits available to the covered person
  under such policy within  fifteen  days  of  the  insurer's  receipt  of
  written  request  and  notice  authorizing  such  release.  The  service
  coordinator shall provide such information  to  the  rendering  provider
  assigned to provide services to the child.
    (d)  No  insurer, including a health maintenance organization issued a
  certificate of authority under article forty-four of the  public  health
  law  and  a  corporation  organized  under  article  forty-three of this
  chapter, shall refuse to issue an accident and health  insurance  policy
  or  contract  or refuse to renew an accident and health insurance policy
  or contract  solely  because  the  applicant  or  insured  is  receiving
  services under the early intervention program.