Bill Text: NY S08051 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires providers of health care policies to provide coverage for colorectal cancer early detection for persons fifty years of age or older; requires the superintendent of financial services to provide notification to enrollees of such coverage via mail.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-03-13 - REFERRED TO INSURANCE [S08051 Detail]

Download: New_York-2019-S08051-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8051

                    IN SENATE

                                     March 13, 2020
                                       ___________

        Introduced  by Sens. SANDERS, KENNEDY -- 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  insurance
          coverage for colorectal cancer early detection

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

     1    Section 1. Paragraph 27 of subsection  (i)  of  section  3216  of  the
     2  insurance  law,  as  added by chapter 457 of the laws of 2010, is renum-
     3  bered paragraph 36, paragraph 28 of subsection (i) of  section  3216  of
     4  the  insurance  law,  as  amended  by chapter 11 of the laws of 2012, is
     5  renumbered paragraph 37, paragraph 34 of subsection (i) of section  3216
     6  of the insurance law, as added by section 10 of part MM of chapter 57 of
     7  the  laws  of 2018, is renumbered paragraph 38 and a new paragraph 39 is
     8  added to read as follows:
     9    (39) (A) Every policy which provides coverage pursuant to this section
    10  shall provide coverage to any named subscriber or other  person  covered
    11  thereunder  for  expenses incurred in conducting colorectal cancer exam-
    12  inations and laboratory tests at regular intervals,  including  expenses
    13  incurred  in  conducting  physician  consultations for colorectal cancer
    14  prior to such examinations and tests, for persons fifty years of age  or
    15  older  and  for persons of any age who are considered to be at high risk
    16  for colorectal cancer. The methods of screening for which benefits shall
    17  be provided shall include but not be limited to:
    18    (i) a screening fecal occult blood test;
    19    (ii) flexible sigmoidoscopy;
    20    (iii) colonoscopy;
    21    (iv) barium enema; or
    22    (v) the most reliable, medically recognized screening test  available;
    23  and
    24    (vi) any combination thereof.
    25    The  method  and  frequency  of  screening  to be utilized shall be in
    26  accord with the most  recently  published  guidelines  of  the  American
    27  College  of Gastroenterology or the American Gastroenterological Associ-
    28  ation in consultation with the American Cancer Society.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00642-02-0

        S. 8051                             2

     1    (B) As used in this paragraph, "high risk for colorectal cancer" shall
     2  mean a person has,
     3    (i)  a  family  history  of familial adenomatous polyposis; hereditary
     4  non-polyposis colon cancer; or breast,  ovarian,  endometrial  or  colon
     5  cancer or polyps;
     6    (ii) chronic inflammatory bowel disease; or
     7    (iii) a background, ethnicity or lifestyle that the physician believes
     8  puts the person at elevated risk for colorectal cancer.
     9    § 2. Subsection (k) of section 3221 of the insurance law is amended by
    10  adding a new paragraph 22 to read as follows:
    11    (22) (A) Every policy which provides coverage pursuant to this section
    12  shall  provide  coverage to any named subscriber or other person covered
    13  thereunder for expenses incurred in conducting colorectal  cancer  exam-
    14  inations  and  laboratory tests at regular intervals, including expenses
    15  incurred in conducting physician  consultations  for  colorectal  cancer
    16  prior  to such examinations and tests, for persons fifty years of age or
    17  older and for persons of any age who are considered to be at  high  risk
    18  for colorectal cancer. The methods of screening for which benefits shall
    19  be provided shall include but not be limited to:
    20    (i) a screening fecal occult blood test;
    21    (ii) flexible sigmoidoscopy;
    22    (iii) colonoscopy;
    23    (iv) barium enema; or
    24    (v)  the most reliable, medically recognized screening test available;
    25  and
    26    (vi) any combination thereof.
    27    The method and frequency of screening  to  be  utilized  shall  be  in
    28  accord  with  the  most  recently  published  guidelines of the American
    29  College of Gastroenterology or the American Gastroenterological  Associ-
    30  ation in consultation with the American Cancer Society.
    31    (B) As used in this paragraph, "high risk for colorectal cancer" shall
    32  mean a person has,
    33    (i)  a  family  history  of familial adenomatous polyposis; hereditary
    34  non-polyposis colon cancer; or breast,  ovarian,  endometrial  or  colon
    35  cancer or polyps;
    36    (ii) chronic inflammatory bowel disease; or
    37    (iii) a background, ethnicity or lifestyle that the physician believes
    38  puts the person at elevated risk for colorectal cancer.
    39    § 3. Subsection (a) of section 4303 of the insurance law is amended by
    40  adding a new paragraph 4 to read as follows:
    41    (4) To persons fifty years of age or older for services related to the
    42  conducting  of  colorectal  cancer  examinations and laboratory tests at
    43  regular intervals, including expenses incurred in  conducting  physician
    44  consultations  for  colorectal  cancer  prior  to  such examinations and
    45  tests, including but not limited to, colonoscopies, coloscopies, screen-
    46  ing fecal occult blood tests, flexible sigmoidoscopies or barium enemas.
    47    § 4. The superintendent of financial services shall require an  insur-
    48  er,  health  carrier or health benefit plan to notify enrollees annually
    49  of colorectal cancer screenings covered by such enrollees' health  bene-
    50  fit  plan  and  the  most  recently published guidelines of the American
    51  College of Gastroenterology or the American Gastroenterological  Associ-
    52  ation  in  consultation  with the American Cancer Society for colorectal
    53  cancer screenings or notify enrollees at intervals consistent  with  the
    54  most  recently published guidelines of the American College of Gastroen-
    55  terology or the American Gastroenterological Association in consultation
    56  with the American Cancer Society of colorectal cancer  screenings  which

        S. 8051                             3

     1  are  covered  by such enrollees' health benefit plans.  The notice shall
     2  be delivered by mail unless the enrollee and health carrier have  agreed
     3  on  another  method  of  notification.  The  superintendent of financial
     4  services is authorized to promulgate necessary rules and regulations for
     5  the purposes of providing such notification.
     6    §  5.  This  act  shall take effect immediately and shall apply to any
     7  policy issued, delivered, renewed,  and/or  modified  on  or  after  the
     8  effective date of this act.
feedback