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. LBD00009-05-4S. 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.