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  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.