New York A 1038: Includes Lyme disease and other tick-borne diseases as occupational diseases for purposes of workers' compensation

Bill Text

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A01038 Summary:

BILL NOA01038 

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SAME ASSAME AS S04816

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SPONSORBarrett

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COSPNSRLupardo, Magnarelli, Sayegh, Davila, Jackson, Woerner, Wieder, Kassay

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MLTSPNSR

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Amd §§3 & 201, Work Comp L; amd §§3216, 3221 & 4303, Ins L

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Includes Lyme disease and other tick-borne diseases as occupational diseases for purposes of workers' compensation; clarifies that disability includes disability caused by Lyme disease or other tick-borne diseases; requires insurance coverage of long term medical care for Lyme disease and other tick borne diseases.

Go to top A01038 Actions:

BILL NOA01038 

&nbsp

01/08/2025referred to labor

01/07/2026referred to labor

Go to topA01038 Committee&nbspVotes:

Go to topA01038 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01038 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1038

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 8, 2025
 ___________

 Introduced by M. of A. BARRETT, LUPARDO, MAGNARELLI, SAYEGH, DAVILA,
 JACKSON -- read once and referred to the Committee on Labor

 AN ACT to amend the workers' compensation law, in relation to including
 Lyme disease and other tick-borne diseases as occupational diseases
 for purposes of workers' compensation; and to amend the insurance law,
 in relation to coverage of long term medical care for Lyme disease and
 other tick-borne diseases

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph 30 of subdivision 2 of section 3 of the workers'
 2 compensation law, as renumbered by chapter 665 of the laws of 1971, is
 3 renumbered paragraph 31 and a new paragraph 30 is added to read as
 4 follows:
 5 30. Lyme disease and other 30. Any process involving
 6 tick-borne diseases. outdoor activity or
 7 treatment of animals.
 8 § 2. The closing paragraph of subdivision 2 of section 3 of the work-
 9 ers' compensation law, as amended by chapter 666 of the laws of 1971, is
 10 amended to read as follows:
 11 Nothing in paragraph [thirty] thirty-one of this subdivision shall be
 12 construed to apply to any disability or death due to any disease
 13 described in paragraph twenty-nine of this subdivision.
 14 § 3. Subdivision 9 of section 201 of the workers' compensation law is
 15 amended by adding a new paragraph C to read as follows:
 16 C. "Disability" also includes disability caused by or in connection
 17 with Lyme disease and other tick-borne diseases.
 18 § 4. Subsection (i) of section 3216 of the insurance law is amended by
 19 adding a new paragraph 40 to read as follows:
 20 (40) Every insurer issuing a policy of accident and health insurance
 21 for delivery in this state shall provide coverage for all costs for
 22 treatment of Lyme disease (Lyme borreliosis) and other tick-borne

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00263-01-5

 A. 1038 2

 1 diseases. Such treatment may include intravenous antibiotic therapy,
 2 oral antibiotic therapy, or any other treatment, or any combination of
 3 treatments, provided such treatment is recommended by a physician
 4 licensed to practice medicine in the state of New York.
 5 § 5. Subsection (k) of section 3221 of the insurance law is amended by
 6 adding a new paragraph 24 to read as follows:
 7 (24) Every group or blanket policy delivered or issued for delivery in
 8 this state which provides hospital, surgical or medical coverage shall
 9 provide coverage for all costs for treatment of Lyme disease (Lyme
 10 borreliosis) and other tick-borne diseases. Such treatment may include
 11 intravenous antibiotic therapy, oral antibiotic therapy, or any other
 12 treatment, or any combination of treatments, provided such treatment is
 13 recommended by a physician licensed to practice medicine in the state of
 14 New York.
 15 § 6. Section 4303 of the insurance law is amended by adding a new
 16 subsection (ww) to read as follows:
 17 (ww) Every medical expense indemnity corporation, hospital service
 18 corporation and health service corporation which provides coverage for
 19 medical, surgical or major medical care shall provide coverage for all
 20 costs for treatment