STATE OF NEW YORK ________________________________________________________________________ 2063 2023-2024 Regular Sessions IN SENATE January 18, 2023 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed 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 24 at least as favorable to an insured as the co-pays, coinsurance or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00009-01-3S. 2063 2 1 deductibles that apply to coverage for intravenous or injected antican- 2 cer medications. 3 (B) For the purposes of this paragraph, "scalp cooling" means any 4 cooling cap, hypothermia cap, cold cap or any other device used as a 5 therapeutic device to cool the human scalp to prevent or reduce hair 6 loss during chemotherapy. 7 § 3. Section 4303 of the insurance law is amended by adding a new 8 subsection (q-2) to read as follows: 9 (q-2) (1) Every policy delivered or issued for delivery in this state 10 that provides medical, major medical, or similar comprehensive-type 11 coverage and provides coverage for prescription drugs and also provides 12 coverage for cancer chemotherapy treatment shall provide coverage for 13 scalp cooling. Such coverage may be subject to co-pays, coinsurance or 14 deductibles, provided that the co-pays, coinsurance or deductibles are 15 at least as favorable to an insured as the co-pays, coinsurance or 16 deductibles that apply to coverage for intravenous or injected antican- 17 cer medications. 18 (2) For the purposes of this subsection, "scalp cooling" means any 19 cooling cap, hypothermia cap, cold cap or any other device used as a 20 therapeutic device to cool the human scalp to prevent or reduce hair 21 loss during chemotherapy. 22 § 4. This act shall take effect on the sixtieth day after it shall 23 have become a law.