Section 3235-A. Payment for early intervention services  


Latest version.
  • (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  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.
        (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.