11 CRR-NY 361.4NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 11. INSURANCE
CHAPTER XIV. INDIVIDUAL AND SMALL GROUP HEALTH INSURANCE AND FAMILY LEAVE BENEFITS COVERAGE
PART 361. ESTABLISHMENT AND OPERATION OF MARKET STABILIZATION MECHANISMS FOR CERTAIN HEALTH INSURANCE MARKETS
11 CRR-NY 361.4
11 CRR-NY 361.4
361.4 Pooling of the cost of treating specified medical conditions prior to January 1, 1999.
(a) In each pool area, a specified medical condition pooling fund is established. Each pool operates independently; that is, all calculations and payments described below are made for each pool independently of any other pool.
(b) Each carrier shall pay to the pooling fund each quarter, beginning with the second quarter of 1993, and ending December 31, 1998, an amount determined as the product of paragraphs (1), (2), and (3) of this subdivision:
(1) An amount determined by the superintendent each year by September 1st, with respect to payments required during the subsequent calendar year. For 1993, this amount will be $5.
(2) The number of family units with coverage of a single individual under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, as of the beginning of the quarter, plus twice the number of family units with dependents coverage by the carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, as of the beginning of the quarter.
(3) A coverage factor, as follows:
Type of ContractCoverage Factor
Basic Hospital or Basic Hospital/Surgical0.75
Wraparound or Supplemental Major Medical0.25
Basic and Supplemental Major Medical, Comprehensive Major Medical, HMO1.0
(c) Each carrier may collect from the pooling fund in lump sum an amount listed in Table 1, subdivision (e) of this section, for claims incurred prior to January 1, 1997 and in lump sum an amount listed in Table 3, subdivision (e) of this section for claims incurred between January 1, 1997 and December 31, 1997 (but in no event more than the carrier is required to pay for the care of the listed medical condition), by submitting a claim in the calendar year following the calendar year in which the claim was incurred except that the deadline for filing 1997 claims is extended from December 31, 1998 to July 31, 2000, upon certification to the superintendent by the carrier that:
(1) an individual has been diagnosed as having one of the medical conditions listed in Table 1 or Table 3, subdivision (e) of this section as applicable, and the course of medical care identified in Table 1 or Table 3 has been recommended and completed;
(2) the identified individual is covered by the carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, for the identified medical care; and
(3) no other carrier or other third-party payor has primary responsibility for the cost of that medical care.
In the event that the individual changes carriers or is covered by more than one carrier under pooled insurance contracts or policies, other than a Medicare supplement insurance policy, during the course of the identified medical care, payment from the pooling fund of the amount listed in Table 1 or Table 3, subdivision (e) of this section, shall be pro-rated among the carriers based upon each carrier's proportionate share of the cost of the identified medical care. Insurers and HMOs may not base decisions as to whether a course of medical care is covered by an insurance or HMO policy or contract on the presence of that course of medical care in Table 1 or Table 3, subdivision (e) of this section, or the absence of that course of medical care from Table 1 or Table 3.
Distributions from the pooling fund of the amounts listed in Table 1 or Table 3, subdivision (e) of this section, shall be made based upon the month in which the claim attributable to expenses was incurred by the carrier. Older claims, based on the date the medical service was provided, will be given priority for payment over more recent claims.
(d) Each carrier may collect from the pooling fund each month an amount listed in Table 2, subdivision (e) of this section, for claims incurred prior to January 1, 1997 and each month an amount listed in Table 4, subdivision (e) of this section for claims incurred between January 1, 1997 and December 31, 1997, but in no event more than the carrier is required to pay for the care of the listed medical condition, by submitting a claim in the calendar year following the calendar year in which the claim was incurred except that the deadline for filing 1997 claims is extended from December 31, 1998 to July 31, 2000, upon certification to the superintendent by the carrier that:
(1) an individual has been diagnosed as having one of the medical conditions listed in Table 2 or Table 4, subdivision (e) of this section as applicable;
(2) the identified individual is covered by the carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, with respect to medical care for the identified medical condition as of the end of each month for which reimbursement is sought; and
(3) no other carrier or other third-party payor has primary responsibility for the cost of that medical care.
In the event that the individual is covered by more than one carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, payments from the pooling fund of the amount listed in Table 2 or Table 4, subdivision (e) of this section, shall be pro-rated among the carriers based upon each carrier's proportionate share of the cost of medical care for the identified medical condition.
Distributions from the pooling fund of the amounts listed in Table 2 or Table 4, subdivision (e) of this section, shall be made based upon the month in which the claim attributable to expenses was incurred by the carrier. Older claims, based on the date the medical service was provided, will be given priority for payment over more recent claims.
(e) Tables.
Table 1
Medical ConditionCourse of Medical CarePool Payment
Irreversible, progressive liver diseaseLiver transplantation$ 80,000
Irreversible, progressive heart diseaseHeart transplantation76,000
Irreversible, progressive pancreas diseasePancreas transplantation56,000
Irreversible, progressive lung diseasePulmonary transplantation136,000
Severe aplastic anemiaBone marrow transplantation120,000
Acute leukemiaBone marrow transplantation120,000
Chronic myelogenous leukemia (CML) in controlled (not blastic) phaseBone marrow transplantation120,000
Neuroblastoma, Stage III or Stage IV in complete remissionBone marrow transplantation120,000
Myelodysplastic syndromeBone marrow transplantation120,000
Hodgkins diseaseBone marrow transplantation120,000
Non-Hodgkins lymphomaBone marrow transplantation120,000
Severe combined immune deficiencies (SCID)Bone marrow transplantation120,000
Wiskott-Aldrich SyndromeBone marrow transplantation120,000
Other condition, approved by the Superintendent in clinical situations where bone marrow transplantation has proven to be effectiveBone marrow transplantation120,000
Neonate with birth weight of less than 1500 gramsICU care for more than 30 days96,000
Table 2
Medical ConditionMonthly Payment
HIV disease where the CD4 count is below 50 on two consecutive tests$ 2,000
ALS leading to ventilator dependency for more than 30 days13,000
Severe trauma leading to ventilator dependency for more than 30 days13,000
Severe muscular dystrophy leading to ventilator dependency for more than 30 days13,000
Table 3
Medical Condition or CriteriaCourse of Medical Care or Primary DiagnosesMaximum Pool Payment
AIDSICD-9 code 042, 043, 044, 136.3, 117.5, 112.81 through 112.85, 176; or use of any of attached Drugs in Table 5 for treatment of AIDS$ 10,000
Irreversible, progressive liver diseaseLiver transplantation80,000
Irreversible, progressive heart diseaseHeart transplantation76,000
Irreversible, progressive pancreas diseasePancreas transplantation56,000
Irreversible, progressive lung diseasePulmonary transplantation136,000
Irreversible, progressive kidney diseaseKidney transplantation not covered by Medicare56,000
Medical necessityBone marrow and stem cell procedures; CPT codes 38240 or 38241120,000
Multiple SclerosisICD9 Code 340 plus use of medicines J1825 or J18307,500
Neonatal distressICU care for more than 30 days96,000
Gaucher's diseaseUse of medicines J0205, J1785 or NDC codes 58468178101, 58468106001 or 5846819830175,000
Hemophilia with clotting factor VIII or IXICD9 code 286.0, 286.1, 286.2, 286.4, 286.7 plus use of medicines J7190, J7191, J7129, J7194, or J7196; or treatment with drugs listed in Table 650,000
Table 4
Medical ConditionMonthly Payment
ALS leading to ventilator dependency for more than 30 days$13,000
Severe trauma leading to ventilator dependency for more than 30 days13,000
Severe muscular dystrophy leading to ventilator dependency for more than 30 days13,000
Ventilator dependency with procedure code CPT 94657 of 30 units or more in given calendar year13,000
Table 5
HIV/AIDS
FDB Label NameNDC Labeler CodeNDC Product CodeManufacturer/ Package Size
COMBIVIR TABLET00173059500
COMBIVIR TABLET00173059502
CRIXIVAN 200 MG CAPSULE00006057142
CRIXIVAN 200 MG CAPSULE00006057143
CRIXIVAN 400 MG CAPSULE00006057354
CRIXIVAN 400 MG CAPSULE00006057362
EPIVIR 10MG/ML ORAL SOLN00173047100
EPIVIR 150MG TABLET00173047001
FORTOVASE 200MG SOFTGEL00004024648
HIVID 0.375MG TABLET00004022001
HIVID 0.75MG TABLET00004022101
INVIRASE 200MG CAPSULE00004024515
INVIRASE 200MG CAPSULE54569424201
NORVIR 100MG CAPSULE00074849202
NORVIR 100MG CAPSULE00074949254
NORVIR 100MG CAPSULE54569433500
NORVIR 100MG CAPSULE54888378200
NORVIR 80MG/ML SOLUTION00074194063
RESCRIPTOR 100MG TABLET00009376103
RETROVIR 100MG CAPSULE00081010856
RETROVIR 100MG CAPSULE00173010855
RETROVIR 100MG CAPSULE00173010856
RETROVIR 10MG/ML SYRUP00173011318
RETROVIR 300MG TABLET00173050100
VIDEX 100MG PACKET00087661443
VIDEX 100MG TABLET CHEWABLE00087685201
VIDEX 100MG TABLET CHEWABLE00087662743
VIDEX 150MG TABLET CHEWABLE00087665301
VIDEX 150MG TABLET CHEWABLE00087662643
VIDEX 157MG PACKET00087661643
VIDEX 250MG PACKET00087661643
VIDEX 25MG TABLET CHEWABLE00087662843
VIDEX 4GM PEDIATRIC SOLN00087683341
VIDEX 50MG TABLET CHEWABLE00087665101
VIDEX 50MG TABLET CHEWABLE00087662443
VIRACEPT 250MG TABLET63010001027
VIRACEPT POWDER63010001190
VIRAMUNE 200 MG TABLET00054464721
VIRAMUNE 200 MG TABLET00054464725
VIRAMUNE 200 MG TABLET00054864725
VIRAMUNE 200 MG TABLET54868384400
VIRAMUNE SUSP 50MG/5ML00054390558
ZERIT 20MG CAPSULE00003196501
ZERIT 30MG CAPSULE00003196801
ZERIT 30MG CAPSULE54569405300
ZERIT 40MG CAPSULE00003196701
SUSTIVA 50MG CAPSULE00056047030
SUSTIVA 100MG CAPSULE00056047330
SUSTIVA 200MG CAPSULE00056047492
Table 6
Factor VIII and IX NDC Codes
NDCDrug nameManufacturer
52769-0460-01AntIhemop HU INJ 306-1170AM RED CRO
13143-0321-63Factor VIII inj 500-1200MEL BIOLOG
00026-0664-30KOATE-HP 500IUBAYER BIOL
00053-7605-02HUMATE-P 500IUCENTEON
13143-0321-55MELATE 500IUMEL BIOLOG
52789-0480-01ANTIHEMOP HU ING 308-1170AM RED CRO
00026-0664-50KOATE-HP INJ 1000IUBAYER BIOL
00053-7605-04HUMATE-P HU ING 1000IUCENTEON
00053-7656-04MONOCLA-P HU INJ 1000IUCENTEON
13143-0321-56MELATE 1000IUMEL BIOLOG
00026-0664-80KOATE HP 1500IUBAYER BIOL
00053-7656-01MONOCLA-P HU 250AHFUCENTEON
00063-7658-01MONOCLATE 600AHFUARMOUR
55688-0106-02HYATE:C INJ 400-700USPEYWOOD
00026-0670-20KOGENATE 250 AHFUBAYER PHAR
00053-8110-01BIOCLATE 250IUCENTEON
00053-8120-01HELIXATE 260IUCENTEON
00944-2938-01RECOMBINATE 220-400BAXHYLAND
00026-0670-30KOGENATE 500AHFUBAYER BIOL
00053-8110-02BIOCLATE 500IUCENTEON
00053-8120-02HELIXATE 500IUCENTEON
00944-2938-02RECOMBINATE 401-800BAXHYLAND
00026-0670-30KOGENATE 500AHFUBAYER BIOL
00053-8110-02BIOCLATE 600IUCENTEON
00053-8120-02HELIXATE 500IUCENTEON
00944-2938-02RECOMBINATE 401-800BAXHYLAND
00028-0670-50KOGENATE 1000AHFUBAYER BIOL
00053-8110-04BIOCLATE 1000IUCENTEON
00944-2938-03RECOMBINATE 801-1240BAXHYLAND
49889-3800-02ALPHANINE SD 250-1600ALPHA THER
00053-7668-01MONONINE 250IUCENTEON
00053-7668-02MONONINE 500IUCENTEON
00053-7668-04MONONINE 1000IUCENTEON
58394-0003-01BENEFIX 250IUGENETICSIN
58394-0002-01BENEFIX 500IUGENETICSIN
58394-0001-01BENEFIX 1000IUGENETICSIN
00026-0626-20KONYNE 80 500IUBAYER BIOL
00944-0581-01PROPLEX T FACT IXBAXHYLAND
49669-3200-02PROFILNILE 500IUALPHA THER
00026-0626-50KONYNE 80 1000IUBAYER BIOL
49689-3200-03PROFILNILE 1000IUALPHA THER
54129-0244-02BEBULIN VH 200-1200IMMUNO
(f) The pooling of the cost of treating specified medical conditions for claims incurred in 1998 shall occur as follows:
(1) Separately for each carrier, add the dollar amounts shown in Table 3, subdivision (e) of this section for each individual specified medical condition claim incurred during 1998 and listed in Table 3 and six times the dollar amounts shown in Table 4, subdivision (e) of this section for each individual specified medical condition claim incurred during 1998 and listed in Table 4. No individual can be counted more than once. If an individual has multiple conditions, assign to such individual the condition with the largest dollar amount. This total shall be the carrier's own total maximum specified medical condition claims.
(2) Separately for each carrier, the total maximum specified medical condition claims from paragraph (1) of this subdivision shall be divided by that carrier's 1998 contributions to the specified medical condition pool (as required by subdivision [b] of this section) to obtain that carrier's specified medical condition index.
(3) The regional specified medical condition index for all carriers in a specific region shall be subparagraph (i) divided by subparagraph (ii) of this paragraph:
(i) The sum for all carriers in the region of the total maximum specified medical condition claims as determined in paragraph (1) of this subdivision.
(ii) The sum for all carriers in the region of the 1998 contributions to the specified medical condition pool in that region.
(4) The carriers participating in the regional specified medical condition pool shall only be entitled to collect from the pool if the carrier's own specified medical condition index, determined by paragraph (2) of this subdivision, is greater than the regional specified medical condition index, determined by paragraph (3) of this subdivision, for that pool as of the end of 1998. Individual specified medical condition claims will no longer be reimbursed by the pool in 1998.
(5) A carrier entitled to collect from the 1998 specified medical condition pooling fund as determined by paragraph (4) of this subdivision may collect the product of subparagraphs (i) and (ii) of this paragraph:
(i) That carrier's percentage of the specified medical condition funds, determined by dividing clause (a) by clause (b) of this subparagraph:
(a) the amount by which the carrier's specified medical condition index is greater than the regional specified medical condition index weighted by the carrier's own 1998 specified medical condition contributions to the regional pool (determined by subtracting the regional specified medical condition index from the specified medical condition index for that carrier and then multiplying the result of the subtraction by the carrier's own 1998 specified medical condition contributions to the regional pool);
(b) the sum of the amounts determined in clause (a) of this subparagraph for all carriers in the regional pool who are entitled to collect from the 1998 specified medical condition pooling fund.
(ii) The sum of the 1998 specified medical condition funds available for distribution in that region plus the amount of funds for 1998 representing the 55 percent reduction in demographic payments in that region to pools that deal with individual health insurance policies and small group health insurance policies, other than Medicare supplement insurance policies.
(6) A carrier shall only be entitled to collect from the 1998 specified medical condition pooling fund an amount calculated pursuant to the method established in paragraphs (4) and (5) of this subdivision upon certification to the superintendent by the carrier by no later than July 31, 2000, that with respect to the claims reported to the administrator and used in paragraph (1) of this subdivision that:
(i) regarding the medical conditions listed in Table 3, subdivision (e) of this section:
(a) an individual has been diagnosed as having one of the medical conditions or criteria listed in Table 3, subdivision (e) of this section, and the course of medical care identified in Table 3 has been recommended and completed;
(b) the identified individual is covered by the carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, for the identified medical care; and
(c) no other carrier or other third-party payor has primary responsibility for the cost of that medical care;
(ii) regarding the medical conditions listed in Table 4, subdivision (e) of this section:
(a) an individual has been diagnosed as having one of the medical conditions listed in Table 4, subdivision (e) of this section;
(b) the identified individual is covered by the carrier under a pooled insurance contract or policy, other than a Medicare supplement insurance policy, with respect to medical care for the identified medical condition as of the end of each month for which reimbursement is sought; and
(c) no other carrier or other third-party payor has primary responsibility for the cost of that medical care.
(g) A carrier must report the number of claims that have been incurred for 1998 separately for each category listed in Table 3, subdivision (e) of this section and Table 4, subdivision (e) of this section in a manner prescribed by the superintendent.
11 CRR-NY 361.4
Current through May 31, 2021
End of Document