BILL NUMBER: S2334
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the insurance law and the social services law, in
relation to elevated lead levels screening
 
PURPOSE:
Provides for coverage of screenings for elevated lead levels.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new paragraph 40 to subsection (i) of section 3216 of
the Insurance Law, as it relates to individual accident and health
insurance policy provisions, to require that no insurance company be
allowed to charge an annual deductible or co-pay for screening for the
detection of elevated blood lead levels.
Section 2 adds a new paragraph to subsection (k) of section 3221 of the
Insurance Law, as it relates to group or blanket accident and health
insurance policies, to require that no insurance company be allowed to
charge an annual deductible or co-pay for screening for the detection of
elevated blood lead levels.
Section 3 adds a new subsection (ww) to section 4303 of the Insurance
Law, as it relates to individual contracts, to require that no insurance
company be allowed to charge an annual deductible or co-pay for screen-
ing for the detection of elevated blood lead levels.
Section 4 adds a new paragraph (nn) to subdivision 2 of section 365-a of
Social Services Law, as it relates to responsibility for assistance, to
include screening and blood tests of elevated blood lead levels in Medi-
caid.
Section 5 provides an effective date.
 
JUSTIFICATION:
Dakota's Law originated from the mother of Dakota, a child living in a
NYCHA apartment who experienced increasing blood lead levels throughout
her childhood. While Dakota did receive the appropriate lead screenings
at the ages of 12 and 24 months, it wasn't until Dakota was four years
old when her mother changed her doctor and she was offered another lead
screening that showed that Dakota's blood lead levels had increased from
five micrograms to 45, leaving her with permanent developmental chal-
lenges that affected her education.
Since they are still developing, younger children face a higher risk if
they are exposed to lead and have elevated blood lead levels, which can
have a huge impact on the neurological and digestive systems. Therefore,
blood lead levels should be checked annually in small children to
address any exposure as quickly as possible. This bill addresses the
insurance-related bafflers regarding access to lead screening by expand-
ing the coverage for private health insurance and Medicaid recipients.
The bill prohibits any copays and annual deductibles on these services,
which would help us eliminate financial barriers as our state takes a
proactive approach to prevent children from experiencing the harmful
effects of lead poisoning.
 
LEGISLATIVE HISTORY:
2023-2024: S6795 / No same as
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Effective immediately.

Statutes affected:
S2334: 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(k) insurance law, 4303 insurance law, 365-a social services law, 365-a(2) social services law