Provides insurance coverage for male cancer patients facing involuntary sterilization for the storage of up to four ejaculates before the initiation of cancer treatments; provides that storage fees shall be covered by medical insurance until such covered patient attains the age of 50.
BILL NUMBER:A9759
TITLE OF BILL: An act to amend the insurance law, in relation to insur-
ance coverage for certain cancer patients
PURPOSE OR GENERAL IDEA OF BILL: To provide insurance coverage for the
storage of up to four ejaculates to males who may become sterile as a
result of treatment for cancer.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Adds a new paragraph 26 to
subsection (i) of Section 3216 of the Insurance Law, to provide insur-
ance coverage to male patients who may become involuntarily sterile as a
result of treatment for cancer for the storage of up to four ejaculates
before the initiation of treatment; such storage fees shall be covered
by the patient's insurance until such patient attains age fifty.
Section 2. Adds a new paragraph 18 to subsection (1) of Section 3221 of
the Insurance Law, to provide insurance coverage to male patients, who
may become involuntarily sterile as a result of treatment for cancer,
for the storage of up to four ejaculates before the initiation, of
treatment; such storage fees shall be covered by the patient's insurance
until such patient attains age fifty.
Section 3. Adds a new subsection (ff) to Section 4303 of the Insurance
Law, to provide insurance coverage to male patients, who may become
involuntarily sterile as a result of treatment for cancer, for the stor-
S T A T E O F N E W Y O R K
________________________________________________________________________
9759
I N A S S E M B L Y
January 22, 2010
___________
Introduced by M. of A. FIELDS -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to insurance coverage for
certain cancer patients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (i) of section 3216 of the insurance law is
amended by adding a new paragraph 27 to read as follows:
(27) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR-MEDICAL OR SIMILAR
COMPREHENSIVE-TYPE COVERAGE SHALL PROVIDE COVERAGE FOR ALL MALE
PATIENTS, WHO MAY BECOME INVOLUNTARILY STERILE AS A RESULT OF THE TREAT-
MENT OF ANY CANCER, TO STORE UP TO FOUR EJACULATES BEFORE THE INITIATION
OF THAT TREATMENT. TREATMENTS OF CANCER SHALL INCLUDE BUT NOT BE LIMITED
TO RADIATION, CHEMOTHERAPY, SURGERY OR ANY OTHER TREATMENT ORDERED BY A
PHYSICIAN FOR THE TREATMENT OF CANCER, WHICH MAY RESULT IN INVOLUNTARY
STERILIZATION. SUCH EJACULATE STORAGE COSTS SHALL BE COVERED IF THE
UNDERLYING MEDICAL CONDITION IS COVERED BY THE PATIENT'S MEDICAL INSUR-
ANCE AND THE EJACULATE IS STORED IN STORAGE FACILITIES ACCREDITED BY THE
AMERICAN ASSOCIATION OF TISSUE BANKS. ACCREDITED STORAGE FACILITIES
MUST ALSO HAVE DOCUMENTATION OF EFFECTIVE, VIABLE STORAGE OF SPERM FOR A
MINIMUM OF TEN YEARS. STORAGE FEES SHALL BE COVERED BY THE MEDICAL
INSURANCE UNTIL SUCH PATIENT ATTAINS THE AGE OF FIFTY YEARS.
S 2. Subsection (1) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
(18) EVERY INSURER ISSUING A GROUP POLICY FOR DELIVERY IN THIS STATE
WHICH PROVIDES MEDICAL, MAJOR-MEDICAL OR SIMILAR COMPREHENSIVE-TYPE
COVERAGE SHALL PROVIDE COVERAGE FOR ALL MALE PATIENTS, WHO MAY BECOME
INVOLUNTARILY STERILE AS A RESULT OF THE TREATMENT OF ANY CANCER, TO
STORE UP TO FOUR EJACULATES BEFORE THE INITIATION OF THAT TREATMENT.
TREATMENTS OF CANCER SHALL INCLUDE BUT NOT BE LIMITED TO RADIATION,
CHEMOTHERAPY, SURGERY OR ANY OTHER TREATMENT ORDERED BY A PHYSICIAN FOR
THE TREATMENT OF CANCER, WHICH MAY RESULT IN INVOLUNTARY STERILIZATION.
SUCH EJACULATE STORAGE COSTS SHALL BE COVERED IF THE UNDERLYING MEDICAL
CONDITION IS COVERED BY THE PATIENT'S MEDICAL INSURANCE AND THE EJACU-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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