Bill Text: NY A05729 | 2023-2024 | General Assembly | Amended

New York Assembly Bill 5729

Bill Title: Requires insurers to provide coverage for tattooing of the nipple-areolar complex pursuant to or as part of breast reconstruction surgery if such tattooing is performed by a physician or other health care practitioner working within their scope of practice.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Engrossed) 2024-03-14 - REFERRED TO INSURANCE [A05729 Detail]

Download: New_York-2023-A05729-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         5729--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 23, 2023
                                       ___________

        Introduced  by M. of A. PAULIN, STECK, BURDICK, HEVESI, KELLES, McMAHON,
          SIMON, ZEBROWSKI, J. A. GIGLIO, McDONOUGH, WEPRIN  --  read  once  and
          referred to the Committee on Insurance -- reported and referred to the
          Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules

        AN ACT to amend the insurance law,  in  relation  to  requiring  certain
          insurers to provide coverage for tattooing performed by a physician as
          part of breast reconstruction surgery

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

     1    Section 1. Paragraph 20 of subsection  (i)  of  section  3216  of  the
     2  insurance  law  is amended by adding a new subparagraph (A-1) to read as
     3  follows:
     4    (A-1) Every policy providing coverage as required by subparagraph  (A)
     5  of  this  paragraph shall also provide coverage for the tattooing of the
     6  nipple-areolar complex pursuant to or as part of such reconstruction  if
     7  such tattooing is performed by a licensed physician or other health care
     8  practitioner  licensed, certified, or authorized pursuant to title eight
     9  of the education law and acting within their scope of practice.
    10    § 2. Paragraph 10 of subsection (k) of section 3221 of  the  insurance
    11  law is amended by adding a new subparagraph (A-1) to read as follows:
    12    (A-1)  Every group or blanket policy providing coverage as required by
    13  subparagraph (A) of this paragraph shall also provide coverage  for  the
    14  tattooing  of  the nipple-areolar complex pursuant to or as part of such
    15  reconstruction if such tattooing is performed by a licensed physician or
    16  other health care practitioner licensed, certified, or authorized pursu-
    17  ant to title eight of the education law and acting within their scope of
    18  practice.
    19    § 3. Subsection (x) of section 4303 of the insurance law is amended by
    20  adding a new paragraph 1-A to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05882-04-3

        A. 5729--A                          2

     1    (1-A) Every contract providing coverage as required by  paragraph  one
     2  of  this subsection shall also provide coverage for the tattooing of the
     3  nipple-areolar complex pursuant to or as part of such reconstruction  if
     4  such tattooing is performed by a licensed physician or other health care
     5  practitioner  licensed, certified, or authorized pursuant to title eight
     6  of the education law and acting within their scope of practice.
     7    § 4. This act shall take effect on the first of January next  succeed-
     8  ing  the  date  on  which  it shall have become a law and shall apply to
     9  policies issued, reissued, renewed, modified or amended on or after such
    10  date.