From the Jemsek Specialty Clinic website -
http://www.jemseksphttp://www.jhttp://www.jhtt

Twelve states have legislation in place or pending which either
protects Lyme treating physicians and/or mandates insurance
coverage. Below is a summary of the legislation.


Legislative Recap
Compiled by Lorraine Johnson, JD, MBA
Executive Director, California Lyme Disease Association (CALDA)

The following information is up-to-date as of October 2006.
As legislation is added, either on a state level or a federal level,
this list will be updated.

California
Physician protection bill passed 2005.
AB 592 expands the existing alternative/ AB 592 expands the existing
include Lyme disease. If a medical practice does not result in death
or serious bodily harm, a physician shall not be subject to
disciplinary action for providing complimentary or alternative
medicine practice, including the practice of Lyme disease. To
qualify for this "safe harbor", the physician must have performed a
good faith prior medical exam of the patient, obtained informed
consent from the patient, and given the patient information
regarding conventional treatment as well as the CV of the treating
physician.

Medical Board of California: Physicians who treat Lyme disease
longer term are now authorized to review Lyme disease cases. This
will ensure that physicians who treat Lyme disease long term will
not be subject to medical board actions.

Mandatory lab reporting: Lyme disease is now laboratory reportable.
The DOH will call physicians to confirm that the cases meet the CDC
definition for surveillance purposes before including these cases in
their surveillance numbers.

Connecticut
Mandatory insurance coverage passed 1999.
Although the Connecticut bill limited insurance coverage to 30 days
for IV treatment and 60 days of oral treatment, the District
Attorney of the state has been monitoring the coverage provided by
insurers and holding regular hearing to increase the awareness and
address treating physician concerns.

Delaware
Delaware Task Force on LD created by '04 legislation to make
recommendations for the prevention of Lyme disease and for
educational programs to raise awareness about long-term effects of
misdiagnosis of Lyme disease. Task Force ready to present
recommendations to DE senate

Maryland
Bill introduced for doctor protection & mandatory insurance
coverage. Effort unsuccessful in 2005.

Massachusetts
Ayer held Joint Health Committee LD Hearings, where a panel
including Lyme community representatives and the public spoke.
Promised future action on LD

Minnesota
Physician protection and mandatory insurance passed in 1998.
This legislation has been challenged in the courts by Blue Cross.

New Hampshire
Legislature passed resolution supporting federal Lyme legislation
(Sen. Kenney).NH declared May Lyme Awareness Month.

New Jersey
State Board of Medical Examiners
NJ SBME has appointed several physicians who treat Lyme disease long
term to review Lyme disease cases. This will ensure that physicians
who treat Lyme disease long term will not be subject to medical
board actions. New Jersey also has several bills in the legislature
for mandatory insurance coverage for Lyme disease.

New York
Office of Professional Medical Conduct
June 2005, OPMC Director issued memorandum to OPMC staff

Memorandum endorses and memorializes principles currently in place
regarding the investigation of physicians who use treatment
modalities not universally accepted by the medical profession, "...
such as the varying modalities used in the treatment of Lyme and
other TBDs" Current law shall not be construed to affect or prevent
physician's use of whatever medical care, conventional or non‐-
conventional, which effectively treats human disease, and that
practice by itself cannot constitute professional misconduct. It is
contrary to OPMC policy/practice to investigate or charge doctors
solely for above treatments.

Pennsylvania
New Lyme bill sponsored by Merle Phillips to provide physician
protection, mandatory insurance, and a task force to increase
awareness and disseminate information. -HB 1534 passed P A House now
in Senate.

Rhode Island
Physician protection bill passed 2002.
Mandatory insurance coverage passed 2003.

The Lyme Disease and Diagnosis and Treatment Act of 2002 prevents
the Rhode Island Board of Medical Licensure and Discipline from
prosecuting physicians solely because they prescribe and give long-
term antibiotics for clinically diagnosed Lyme, provide that they
document the diagnosis and treatment plan in the patient's medical
record. A year later the legislature passed a bill mandating
insurance coverage for long term antibiotic therapy when necessary.

NATIONAL - Washington, DC
Legislation pending in both the House (Smith, Kelly) H-3427 and the
Senate (Dodd/Santorum) S-1479. Over 90 groups, including ILADS,
support companion bills 3427/1479:

$100mil over 5 years
Research & education, delineated goals
Task Force w/ physicians, public, & government