Bill Text: NY A00038 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides coverage for scalp cooling systems used to preserve hair during cancer chemotherapy treatment.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-06-04 - substituted by s2063a [A00038 Detail]

Download: New_York-2023-A00038-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           38

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT -- read once and referred
          to the Committee on Insurance

        AN  ACT  to  amend  the  insurance  law, in relation to providing health
          insurance coverage for scalp cooling  for  the  preservation  of  hair
          during cancer chemotherapy treatment

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
     2  amended by adding a new paragraph 12-b to read as follows:
     3    (12-b) (A) Every policy delivered or issued for delivery in this state
     4  that  provides  medical,  major  medical,  or similar comprehensive-type
     5  coverage and provides coverage for prescription drugs and also  provides
     6  coverage  for  cancer  chemotherapy treatment shall provide coverage for
     7  scalp cooling. Such coverage may be subject to co-pays,  coinsurance  or
     8  deductibles,  provided  that the co-pays, coinsurance or deductibles are
     9  at least as favorable to an  insured  as  the  co-pays,  coinsurance  or
    10  deductibles  that apply to coverage for intravenous or injected antican-
    11  cer medications.
    12    (B) For the purposes of this  paragraph,  "scalp  cooling"  means  any
    13  cooling  cap,  hypothermia  cap,  cold cap or any other device used as a
    14  therapeutic device to cool the human scalp to  prevent  or  reduce  hair
    15  loss during chemotherapy.
    16    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    17  adding a new paragraph 12-b to read as follows:
    18    (12-b) (A) Every policy delivered or issued for delivery in this state
    19  that  provides  medical,  major  medical,  or similar comprehensive-type
    20  coverage and provides coverage for prescription drugs and also  provides
    21  coverage  for  cancer  chemotherapy treatment shall provide coverage for
    22  scalp cooling. Such coverage may be subject to co-pays,  coinsurance  or
    23  deductibles,  provided  that the co-pays, coinsurance or deductibles are

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00009-01-3
        A. 38                               2

     1  at least as favorable to an  insured  as  the  co-pays,  coinsurance  or
     2  deductibles  that apply to coverage for intravenous or injected antican-
     3  cer medications.
     4    (B)  For  the  purposes  of  this paragraph, "scalp cooling" means any
     5  cooling cap, hypothermia cap, cold cap or any other  device  used  as  a
     6  therapeutic  device  to  cool  the human scalp to prevent or reduce hair
     7  loss during chemotherapy.
     8    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
     9  subsection (q-2) to read as follows:
    10    (q-2)  (1) Every policy delivered or issued for delivery in this state
    11  that provides medical,  major  medical,  or  similar  comprehensive-type
    12  coverage  and provides coverage for prescription drugs and also provides
    13  coverage for cancer chemotherapy treatment shall  provide  coverage  for
    14  scalp  cooling.  Such coverage may be subject to co-pays, coinsurance or
    15  deductibles, provided that the co-pays, coinsurance or  deductibles  are
    16  at  least  as  favorable  to  an  insured as the co-pays, coinsurance or
    17  deductibles that apply to coverage for intravenous or injected  antican-
    18  cer medications.
    19    (2)  For  the  purposes  of this subsection, "scalp cooling" means any
    20  cooling cap, hypothermia cap, cold cap or any other  device  used  as  a
    21  therapeutic  device  to  cool  the human scalp to prevent or reduce hair
    22  loss during chemotherapy.
    23    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    24  have become a law.