Bill Text: NY S00605 | 2021-2022 | General Assembly | Introduced

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Bill Title: Entitles employees 45 years of age or older to take one day off every ten years to obtain a colonoscopy; provides insurance coverage for colonoscopies for individuals above a specified age threshold based on risk factors.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2021-01-06 - REFERRED TO LABOR [S00605 Detail]

Download: New_York-2021-S00605-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           605

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens. BENJAMIN, KENNEDY, RIVERA, SEPULVEDA -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Labor

        AN ACT to amend the labor law, in relation  to  entitling  employees  to
          take one day off every ten years to obtain a colonoscopy; and to amend
          the  insurance  law,  in  relation to providing insurance coverage for
          colonoscopies

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

     1    Section  1.  This  act  shall  be  known and may be cited as "45 saves
     2  lives".
     3    § 2. The labor law is amended by adding a new section 202-n to read as
     4  follows:
     5    § 202-n. Leave of absence for colonoscopies. 1. For  the  purposes  of
     6  this section, the following terms shall have the following meanings:
     7    (a)  "Employee"  means  a person who performs services for hire for an
     8  employer, for an average of twenty or more hours per week, and  includes
     9  all  individuals  employed  at any site owned or operated by an employer
    10  but shall not include an independent contractor.
    11    (b) "Employer" means a person or entity that employs  twenty  or  more
    12  employees  at at least one site and includes an individual, corporation,
    13  partnership, association,  nonprofit  organization,  group  of  persons,
    14  state,  county,  town,  city, school district, public authority or other
    15  governmental subdivision of any kind.
    16    2. An employer shall grant one day of leave of absence every ten years
    17  to all employees forty-five years of age or older for  the  purposes  of
    18  such employees' obtainment of a colonoscopy.
    19    3.  An employer shall not retaliate against an employee for requesting
    20  or obtaining a leave of absence under this section.
    21    4. This section shall not affect an employee's rights with respect  to
    22  any other employee benefit otherwise provided by law.
    23    § 3. Subsection (i) of section 3216 of the insurance law is amended by
    24  adding a new paragraph 36 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02041-02-1
        S. 605                              2

     1    (36)  Every  policy  which  provides coverage pursuant to this section
     2  shall provide coverage to any named subscriber or other  person  covered
     3  thereunder  forty-five  years  of  age or older for expenses incurred in
     4  obtaining a colonoscopy.   Provided, however, that if  a  subscriber  or
     5  person  covered  thereunder is a member of a high-risk group predisposed
     6  to colon cancer based on family or genetic history, such coverage  shall
     7  be  required  at  age forty, provided that for individuals with a family
     8  history of colon cancer in a first degree relative such  coverage  shall
     9  be  required  ten  years  before the first degree relative who developed
    10  colon cancer at the youngest age if this would require  coverage  before
    11  the age of forty. Such coverage shall include diagnostic and therapeutic
    12  colonoscopies,  polyp  removal  and  ancillary  fees. Ancillary fees for
    13  colonoscopies shall include, but not be limited to, ambulatory,  surgery
    14  center and hospital fees, anesthesia and pathology costs and polyp exam-
    15  ination and biopsy.  Such coverage shall not be required for fecal immu-
    16  nochemical  testing.  Such coverage shall not be subject to deductibles,
    17  coinsurance or copayments.
    18    § 4. 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 policy which provides coverage  pursuant  to  this  section
    21  shall  provide  coverage to any named subscriber or other person covered
    22  thereunder forty-five years of age or older  for  expenses  incurred  in
    23  obtaining  a  colonoscopy.    Provided, however, that if a subscriber or
    24  person covered thereunder is a member of a high-risk  group  predisposed
    25  to  colon cancer based on family or genetic history, such coverage shall
    26  be required at age forty, provided that for individuals  with  a  family
    27  history  of  colon cancer in a first degree relative such coverage shall
    28  be required ten years before the first  degree  relative  who  developed
    29  colon  cancer  at the youngest age if this would require coverage before
    30  the age of forty. Such coverage shall include diagnostic and therapeutic
    31  colonoscopies, polyp removal and  ancillary  fees.  Ancillary  fees  for
    32  colonoscopies  shall include, but not be limited to, ambulatory, surgery
    33  center and hospital fees, anesthesia and pathology costs and polyp exam-
    34  ination and biopsy. Such coverage shall not be required for fecal  immu-
    35  nochemical  testing.  Such coverage shall not be subject to deductibles,
    36  coinsurance or copayments.
    37    § 5. Subsection (a) of section 4303 of the insurance law is amended by
    38  adding a new paragraph 4 to read as follows:
    39    (4) For colonoscopies to persons forty-five years  of  age  or  older.
    40  Provided,  however, that if a subscriber or person covered thereunder is
    41  a member of a high-risk group predisposed to colon cancer based on fami-
    42  ly or genetic history, such coverage shall be  required  at  age  forty,
    43  provided that for individuals with a family history of colon cancer in a
    44  first  degree  relative such coverage shall be required ten years before
    45  the first degree relative who developed colon cancer at the youngest age
    46  if this would require coverage before the age of  forty.  Such  coverage
    47  shall  include  diagnostic  and therapeutic colonoscopies, polyp removal
    48  and ancillary fees. Ancillary fees for colonoscopies shall include,  but
    49  not  be  limited to, ambulatory, surgery center and hospital fees, anes-
    50  thesia and pathology costs and polyp examination and biopsy. Such cover-
    51  age shall not be required for fecal immunochemical testing. Such  cover-
    52  age shall not be subject to deductibles, coinsurance or copayments.
    53    §  6.  This  act  shall take effect immediately and shall apply to any
    54  policy issued, delivered, renewed,  and/or  modified  on  or  after  the
    55  effective date of this act.