NY State Senate Bill 2009-S5691

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to insurance
May 28, 2009	referred to insurance

2009-S5691 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L

2009-S5691 (ACTIVE) - Summary

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.

2009-S5691 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5691

 TITLE OF BILL :
An act to amend the insurance law, in relation to insurance coverage
for certain cancer patients


 PURPOSE :
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 PROVISIONS :
Section 1. Adds a new paragraph 26 to subsection (i) of Section 3216
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 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
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.

 JUSTIFICATION :
A diagnosis of cancer is a life altering event. Not only does this
disease effect an individual physically, it also has a profound
emotional impact. This can be especially true in young men who are
intending to have, or someday have, a family. While medical technology
allows for the opportunity to bank their sperm, it is, in many cases,
cost prohibitive. The trauma of cancer itself is very significant,
without placing an additional financial burden on these patients. This
bill will provide male cancer victims, who may become sterile as a
result of the life saving therapy they endure, with a reasonable
opportunity to have children at a future time. It is only reasonable
and fair that such patients receive coverage for sperm banking as part
of their treatment for cancer.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPACT ON THE STATE :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5691 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5691

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 28, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- 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 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 26 to read as follows:
  (26) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11856-01-9

S. 5691                             2

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-
LATE  IS STORED IN STORAGE FACILITIES ACCREDITED BY THE AMERICAN ASSOCI-
ATION 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  3.  Section  4303  of  the insurance law is amended by adding a new
subsection (ff) to read as follows:
  (FF) EVERY CONTRACT ISSUED BY A HEALTH SERVICES CORPORATION OR MEDICAL
EXPENSE INDEMNITY CORPORATION 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 4. This act shall take effect immediately.

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Senate Bill S5691

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

2009-S5691 (ACTIVE) - Details

2009-S5691 (ACTIVE) - Summary

2009-S5691 (ACTIVE) - Sponsor Memo

2009-S5691 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brian X. Foley

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

2009-S5691 (ACTIVE) - Details

2009-S5691 (ACTIVE) - Summary

2009-S5691 (ACTIVE) - Sponsor Memo

2009-S5691 (ACTIVE) - Bill Text download pdf

Comments