Bill Text: NY A03797 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires that insurance companies provide coverage for surveillance tests for ovarian cancer of insured individuals who are deemed to be at risk for ovarian cancer.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2020-01-08 - referred to insurance [A03797 Detail]

Download: New_York-2019-A03797-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3797
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by  M.  of  A. ORTIZ, COOK, COLTON, GUNTHER, PEOPLES-STOKES,
          CAHILL, ENGLEBRIGHT, M. G. MILLER -- Multi-Sponsored by --  M.  of  A.
          GOTTFRIED,  LUPARDO, RIVERA -- read once and referred to the Committee
          on Insurance
        AN ACT to amend the insurance law, in relation to providing coverage for
          surveillance tests for ovarian cancer
          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 35 to read as follows:
     3    (35) Every policy that  provides  medical,  major-medical  or  similar
     4  comprehensive-type  coverage  shall  provide  coverage  for surveillance
     5  tests for ovarian cancer for an insured  who  is  at  risk  for  ovarian
     6  cancer.  (A) For purposes of this subsection, an insured is deemed to be
     7  at risk if:
     8    (i) she has a family history of:
     9    1. one or more first-degree relative with ovarian cancer;
    10    2. three or more female relatives with breast cancer; or
    11    3. nonpolyposis colorectal cancer; or
    12    (ii) she tests positive for BRCA1 or BRCA2 mutations.
    13    (B) For purposes of this subsection, surveillance  tests  for  ovarian
    14  cancer shall mean annual screening for ovarian cancer using:
    15    (i) CA-125 serum tumor marker testing;
    16    (ii) transvaginal ultrasound; and
    17    (iii) pelvic examination.
    18    § 2. Subsection (k) of section 3221 of the insurance law is amended by
    19  adding a new paragraph 22 to read as follows:
    20    (22) Every group or blanket policy delivered or issued for delivery in
    21  this  state  which provides hospital, surgical or medical coverage shall
    22  include coverage for  surveillance  tests  for  ovarian  cancer  for  an
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08249-01-9
        A. 3797                             2
     1  insured  who  is  at  risk  for ovarian cancer. (A) For purposes of this
     2  subsection, an insured is deemed to be at risk if:
     3    (i) she has a family history of:
     4    1. one or more first-degree relative with ovarian cancer;
     5    2. three or more female relatives with breast cancer; or
     6    3. nonpolyposis colorectal cancer; or
     7    (ii) she tests positive for BRCA1 or BRCA2 mutations.
     8    (B)  For  purposes  of this subsection, surveillance tests for ovarian
     9  cancer shall mean annual screening for ovarian cancer using:
    10    (i) CA-125 serum tumor marker testing;
    11    (ii) transvaginal ultrasound; and
    12    (iii) pelvic examination.
    13    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
    14  subsection (ss) to read as follows:
    15    (ss)  A health service corporation or medical expense indemnity corpo-
    16  ration which provides medical, major-medical or  similar  comprehensive-
    17  type  coverage  must provide coverage for surveillance tests for ovarian
    18  cancer for an insured who  is  at  risk  for  ovarian  cancer.  (1)  For
    19  purposes of this subsection, an insured is deemed to be at risk if:
    20    (A) she has a family history of:
    21    (i) one or more first-degree relative with ovarian cancer;
    22    (ii) three or more female relatives with breast cancer; or
    23    (iii) nonpolyposis colorectal cancer; or
    24    (B) she tests positive for BRCA1 or BRCA2 mutations.
    25    (2)  For  purposes  of this subsection, surveillance tests for ovarian
    26  cancer shall mean annual screening for ovarian cancer using:
    27    (A) CA-125 serum tumor marker testing;
    28    (B) transvaginal ultrasound; and
    29    (C) pelvic examination.
    30    § 4. This act shall take effect immediately and  shall  apply  to  any
    31  policy issued, renewed, or modified after such effective date.