Bill Text: NY S02377 | 2023-2024 | General Assembly | Introduced


Bill Title: Requires the New York state cancer services program to provide various cancer screenings and diagnostic services at no cost to certain persons and to provide informational pamphlets on such cancers.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO FINANCE [S02377 Detail]

Download: New_York-2023-S02377-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2377

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sens.  PERSAUD,  COMRIE, RAMOS -- read twice and ordered
          printed, and when printed to be committed to the Committee on Finance

        AN ACT to amend the public health law, in relation to requiring the  New
          York  state cancer services program to provide breast cancer, cervical
          cancer, colon cancer, prostate cancer, testicular cancer  and  ovarian
          cancer  screenings  and  diagnostic  services  at  no  cost to certain
          people; and making an appropriation therefor

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

     1    Section  1. Subdivision 2 of section 2405 of the public health law, as
     2  amended by section 2 of part A of chapter 109 of the laws  of  2010,  is
     3  amended to read as follows:
     4    2. The program shall include:
     5    (a)  establishment  of  a  statewide  public  education  and  outreach
     6  campaign to publicize evidence  based  cancer  detection  and  education
     7  services,  such  campaign  shall  include:  general community education,
     8  outreach to specific underserved populations,  evidence  based  clinical
     9  cancer  screening  services,  and  an  informational  summary that shall
    10  include an explanation of the importance of  clinical  examinations  and
    11  what  to  expect  during  clinical  examinations  and  cancer  screening
    12  services;
    13    (b) provision of grants to approved organizations under section  twen-
    14  ty-four hundred six of this title;
    15    (c)  compilation of data concerning the cancer detection and education
    16  program and dissemination of the data to the public; [and]
    17    (d) development of professional education programs including the bene-
    18  fits of early detection of cancer and clinical examinations, the  recom-
    19  mended frequency of clinical examinations and cancer screening services,
    20  and professionally recognized best practices guidelines;
    21    (e)  a  requirement  of  providing  cancer  screening  and  diagnostic
    22  services for cancers including,  but  not  limited  to,  breast  cancer,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02554-01-3

        S. 2377                             2

     1  cervical  cancer,  colon  cancer, prostate cancer, testicular cancer and
     2  ovarian cancer; and
     3    (f)  an  informational  pamphlet pertaining to breast cancer, cervical
     4  cancer, colon cancer, prostate cancer,  testicular  cancer  and  ovarian
     5  cancer  including,  but  not limited to: information on early detections
     6  and treatments of such cancers; contact information, including  but  not
     7  limited  to,  the program's phone number, contact email, and website for
     8  the purposes of the  department  educating  patients;  and  a  telephone
     9  number  for the office of professional medical conduct in the department
    10  and the office of the professions in the  department  of  education,  at
    11  which  a  patient  may  report any misconduct that the patient feels may
    12  have occurred.   The informational pamphlet shall be posted as a  print-
    13  able  file  on  the  department's  internet website and may also be made
    14  available for order as a printed  deliverable on the department's inter-
    15  net website.  The informational pamphlet shall be written in layperson's
    16  language and shall be made available in English and the six most  common
    17  non-English  languages spoken by individuals with limited English profi-
    18  ciency in New York state as based on the most recent census.
    19    § 2. Section 2408 of the public health law, as amended by chapter  430
    20  of the laws of 2005, is amended to read as follows:
    21    §  2408.  Annual  report.  The  commissioner shall submit on or before
    22  December first, an annual report to the  governor  and  the  legislature
    23  concerning  the operation of the breast [and], cervical, ovarian, colon,
    24  prostate  and  testicular  cancer  detection  and   education   program.
    25  [Commencing  in  nineteen  hundred ninety-five, such] Such reports shall
    26  include the experience of the program  in  providing  breast,  cervical,
    27  ovarian, colon, prostate and testicular cancer early detection and diag-
    28  nostic  services.  The annual report shall include strategies for imple-
    29  mentation of the breast, cervical, ovarian, colon, prostate and testicu-
    30  lar cancer prevention plan and for promoting the  plan  to  the  general
    31  public,  state  and  local  elected  officials,  and  various public and
    32  private organizations, associations, businesses, industries,  and  agen-
    33  cies.   Approved organizations shall provide such data and assessment as
    34  the commissioner may require for such report.  Such  report  shall  also
    35  include any recommendations for additional action to respond to the high
    36  incidence of breast cancer in this state.
    37    § 3. Section 2409 of the public health law, as added by chapter 300 of
    38  the laws of 1995 and subdivisions 5 and 6 as renumbered by section 72 of
    39  part D of chapter 60 of the laws of 2012, is amended to read as follows:
    40    §  2409.  [Ovarian]  Breast,  cervical,  ovarian,  colon, prostate and
    41  testicular cancer information program. 1. There is hereby created within
    42  the department the [ovarian] breast, cervical, ovarian, colon,  prostate
    43  and  testicular  cancer information program (referred to in this section
    44  as the  "program"),  which  shall  provide  information  for  consumers,
    45  patients, and health care providers relating to breast, cervical, ovari-
    46  an, colon, prostate and testicular cancer, including signs and symptoms,
    47  risk  factors, the benefits of early detection through appropriate diag-
    48  nostic testing and treatment options.
    49    2. The program [may] shall include but not be limited to the following
    50  elements:
    51    (a) educational and informational materials in  print,  audio,  video,
    52  electronic, or other media;
    53    (b) public service announcements and advertisements; [and]
    54    (c)  establishment of toll-free telephone hotlines to provide informa-
    55  tion; and

        S. 2377                             3

     1    (d) an informational pamphlet pertaining to  breast  cancer,  cervical
     2  cancer,  colon  cancer,  prostate  cancer, testicular cancer and ovarian
     3  cancer including, but not limited to: information  on  early  detections
     4  and  treatments  of such cancers; contact information, including but not
     5  limited  to, the program's phone number, contact email, and website, for
     6  the purposes of the  department  educating  patients;  and  a  telephone
     7  number  for the office of professional medical conduct in the department
     8  and the office of the professions in the  department  of  education,  at
     9  which  a  patient  may  report any misconduct that the patient feels may
    10  have occurred.   The informational pamphlet shall be posted as a  print-
    11  able    file  on  the department's internet website and may also be made
    12  available for order as a printed  deliverable on the department's inter-
    13  net    website.    The  informational  pamphlet  shall  be  written   in
    14  layperson's  language and shall be made available in English and the six
    15  most common non-English languages spoken  by  individuals  with  limited
    16  English  proficiency  in  New  York  state  as  based on the most recent
    17  census.
    18    3. The department shall produce, make available to others for  reprod-
    19  uction,  or  contract  with others to develop the materials mentioned in
    20  this section as the  commissioner  deems  appropriate.  These  materials
    21  shall  be  made available to the public free of charge as appropriate or
    22  for a fee under certain circumstances. The commissioner  shall  require,
    23  where  appropriate, health care providers to provide or make these mate-
    24  rials available to patients.
    25    4. In exercising any of his or her  powers  under  this  section,  the
    26  commissioner  shall  consult with appropriate health care professionals,
    27  providers, consumers and patients, or organizations representing them.
    28    5. In addition to any state funds appropriated for  the  program,  the
    29  commissioner  may  accept  grants from public or private sources for the
    30  program. The commissioner, in administering this section, shall seek  to
    31  coordinate  the  program  with other public and private efforts, and may
    32  undertake joint or cooperative programs with  other  public  or  private
    33  entities.
    34    6.  The  commissioner  may  make  rules  and regulations necessary and
    35  appropriate for the implementation of this section.
    36    § 4. Subdivisions 1 and 3 of section 2409-a of the public health  law,
    37  as amended by section 6 of part A of chapter 60 of the laws of 2014, are
    38  amended to read as follows:
    39    1.  There is hereby established in the department the cancer detection
    40  and education program advisory council, for the purpose of advising  the
    41  commissioner   with  regards  to  providing  information  to  consumers,
    42  patients, and health  care  providers  relating,  but  not  limited  to,
    43  breast,  cervical,  colon,  prostate,  testicular  and  ovarian  cancer,
    44  including signs and symptoms, risk factors, the benefits  of  prevention
    45  and  early  detection, guideline concordant cancer screening and disease
    46  management, options for diagnostic testing and treatment, new  technolo-
    47  gies, and survivorship.
    48    3.  The  commissioner  shall  appoint twenty-one voting members, which
    49  shall include representation of health  care  professionals,  consumers,
    50  patients,  one  voting  member  who shall be a person who has or has had
    51  colon, prostate or testicular cancer, one voting member who shall  be  a
    52  person  who  has or has had breast, cervical or ovarian cancer and other
    53  appropriate interests reflective of the diversity  of  the  state,  with
    54  expertise in breast, cervical, colon, prostate, testicular and/or ovari-
    55  an  cancer.  The commissioner shall appoint one member as a chairperson.
    56  The members of the council  shall  receive  no  compensation  for  their

        S. 2377                             4

     1  services,  but  shall  be  allowed  their  actual and necessary expenses
     2  incurred in performance of their duties.
     3    §  5.  The  sum  of  twenty-six million eight hundred thousand dollars
     4  ($26,800,000), or so much thereof as may be necessary, is hereby  appro-
     5  priated  to the New York state cancer services program out of any moneys
     6  in the state treasury in the general fund to the credit of  the  depart-
     7  ment  of health, not otherwise appropriated, and made immediately avail-
     8  able, for the purpose of carrying out the provisions of this act.   Such
     9  moneys  shall  be payable on the audit and warrant of the comptroller on
    10  vouchers certified or approved by the  commissioner  of  health  in  the
    11  manner prescribed by law.
    12    §  6.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law.
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