Bill Text: NY S02063 | 2023-2024 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-04 - returned to senate [S02063 Detail]

Download: New_York-2023-S02063-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2063--A
            Cal. No. 877

                               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  --  recommitted
          to the Committee on Insurance in accordance with Senate Rule 6, sec. 8
          -- reported favorably from said committee, ordered to first and second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading

        AN ACT to amend the insurance  law,  in  relation  to  providing  health
          insurance  coverage  for scalp cooling systems 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  cancer  chemotherapy  treatment shall
     6  provide coverage for scalp  cooling  systems  used  in  connection  with
     7  cancer  chemotherapy  treatment.  Coverage provided under this paragraph
     8  may  be subject  to annual deductibles and coinsurance, including copay-
     9  ments, as may be deemed appropriate by the superintendent and   as   are
    10  consistent  with  those  established  for  other benefits within a given
    11  policy.
    12    (B) For the purposes of this paragraph, "scalp cooling  system"  means
    13  any  device  used to cool the human scalp to prevent or reduce hair loss
    14  during cancer chemotherapy  treatment,  provided  that  such  device  is
    15  designed  and intended for repeated use and is primarily and customarily
    16  used to serve a medical purpose.
    17    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    18  adding a new paragraph 12-b to read as follows:
    19    (12-b) (A) Every policy delivered or issued for delivery in this state
    20  that provides medical,  major  medical,  or  similar  comprehensive-type

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00009-05-4

        S. 2063--A                          2

     1  coverage  and  provides coverage for cancer chemotherapy treatment shall
     2  provide coverage for scalp  cooling  systems  used  in  connection  with
     3  cancer  chemotherapy  treatment.  Coverage provided under this paragraph
     4  may  be subject  to annual deductibles and coinsurance, including copay-
     5  ments,  as  may be deemed appropriate by the superintendent and  as  are
     6  consistent with those established for  other  benefits  within  a  given
     7  policy.
     8    (B)  For  the purposes of this paragraph, "scalp cooling system" means
     9  any device used to cool the human scalp to prevent or reduce  hair  loss
    10  during  cancer  chemotherapy  treatment,  provided  that  such device is
    11  designed and intended for repeated use and is primarily and  customarily
    12  used to serve a medical purpose.
    13    §  3.  Section  4303  of  the insurance law is amended by adding a new
    14  subsection (q-2) to read as follows:
    15    (q-2) (1) Every policy delivered or issued for delivery in this  state
    16  that  provides  medical,  major  medical,  or similar comprehensive-type
    17  coverage and provides coverage for cancer chemotherapy  treatment  shall
    18  provide  coverage  for  scalp  cooling  systems  used in connection with
    19  cancer chemotherapy treatment. Coverage provided under  this  subsection
    20  may  be subject  to annual deductibles and coinsurance, including copay-
    21  ments,  as  may be deemed appropriate by the superintendent and  as  are
    22  consistent with those established for  other  benefits  within  a  given
    23  policy.
    24    (2)  For the purposes of this subsection, "scalp cooling system" means
    25  any device used to cool the human scalp to prevent or reduce  hair  loss
    26  during  cancer  chemotherapy  treatment,  provided  that  such device is
    27  designed and intended for repeated use and is primarily and  customarily
    28  used to serve a medical purpose.
    29    § 4. This act shall take effect January 1, 2026 and shall apply to any
    30  policy  or contract issued, renewed, modified, altered, or amended on or
    31  after such date.
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