Bill Text: NY S03216 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides that Medicaid and policies issued in this state that provide coverage for hospital, surgical or medical care shall provide coverage for standard fertility preservation services when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-01 - PRINT NUMBER 3216A [S03216 Detail]

Download: New_York-2023-S03216-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3216--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sens.  CLEARE,  HOYLMAN-SIGAL  -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Insur-
          ance  --  recommitted to the Committee on Insurance in accordance with
          Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  insurance  law  and the social services law, in
          relation to insurance and Medicaid  coverage  for  standard  fertility
          preservation services made necessary by cancer treatment

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

     1    Section 1. Paragraph 13 of subsection  (i)  of  section  3216  of  the
     2  insurance  law  is  amended  by adding a new subparagraph (D) to read as
     3  follows:
     4    (D) Every policy delivered or issued for delivery in this  state  that
     5  provides  coverage  for hospital, surgical or medical care shall provide
     6  coverage for standard fertility preservation services when  a  necessary
     7  cancer treatment may directly or indirectly cause iatrogenic infertility
     8  to  a  covered  person.    Coverage under this subparagraph shall not be
     9  subject to any restrictions based upon the age of  the  covered  person.
    10  For the purposes of this subparagraph, "iatrogenic infertility" means an
    11  impairment  of  fertility  by  surgery, radiation, chemotherapy or other
    12  cancer treatment affecting reproductive organs or processes.
    13    § 2. Paragraph 6 of subsection (k) of section 3221  of  the  insurance
    14  law is amended by adding a new subparagraph (E) to read as follows:
    15    (E)  Every group policy delivered or issued for delivery in this state
    16  that provides hospital,  surgical  or  medical  coverage  shall  provide
    17  coverage  for  standard fertility preservation services when a necessary
    18  cancer treatment may directly or indirectly cause iatrogenic infertility
    19  to a covered person.   Coverage under this  subparagraph  shall  not  be
    20  subject  to  any  restrictions based upon the age of the covered person.
    21  For the purposes of this subparagraph, "iatrogenic infertility" means an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08150-02-4
        S. 3216--A                          2

     1  impairment of fertility by surgery,  radiation,  chemotherapy  or  other
     2  cancer treatment affecting reproductive organs or processes.
     3    §  3.  Subsection (s) of section 4303 of the insurance law, as amended
     4  by section 2 of part K of chapter 82 of the laws of 2002, is amended  by
     5  adding a new paragraph 5 to read as follows:
     6    (5)  Every contract issued by a medical expense indemnity corporation,
     7  hospital service corporation or health service corporation for  delivery
     8  in this state that provides hospital, surgical or medical coverage shall
     9  provide  coverage  for  standard  fertility preservation services when a
    10  necessary cancer treatment may directly or indirectly  cause  iatrogenic
    11  infertility  to  a covered person.   Coverage under this paragraph shall
    12  not be subject to any restrictions based upon the  age  of  the  covered
    13  person.    For  the purposes of this paragraph, "iatrogenic infertility"
    14  means an impairment of fertility by surgery, radiation, chemotherapy  or
    15  other cancer treatment affecting reproductive organs or processes.
    16    §  4.  Subdivision  2  of  section 365-a of the social services law is
    17  amended by adding a new paragraph (nn) to read as follows:
    18    (nn) standard fertility preservation services when a necessary  cancer
    19  treatment  may directly or indirectly cause iatrogenic infertility.  For
    20  the purposes of this section, "iatrogenic infertility" means an  impair-
    21  ment  of  fertility  by surgery, radiation, chemotherapy or other cancer
    22  treatment affecting reproductive organs or processes.
    23    § 5. This act shall take effect immediately and  shall  apply  to  all
    24  policies issued, renewed, altered or modified on or after such date.