Senate Bill S6894A

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

                                 6894--A

                            I N  S E N A T E

                            February 23, 2010
                               ___________

Introduced  by Sens. C. JOHNSON, SAVINO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Insurance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the insurance law, in relation to coverage for the  HALO
  breast pap test to detect risk of developing breast cancer

  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)  (A) EVERY POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL,
OR MEDICAL CARE COVERAGE SHALL PROVIDE COVERAGE FOR THE HALO BREAST  PAP
TEST  TO  DETECT  A  WOMAN'S RISK OF DEVELOPING BREAST CANCER, WHEN SUCH
TEST IS RECOMMENDED BY A PHYSICIAN OR CERTIFIED NURSE PRACTITIONER.
  (B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND  AS  ARE  CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
  (C)  FOR  PURPOSES  OF  THIS  SECTION,  "HALO BREAST PAP TEST" MEANS A
PROCEDURE THAT ENTAILS COLLECTION OF NIPPLE ASPIRATE FLUID FOR CYTOLOGI-
CAL EVALUATION.
  S 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18) (A) A GROUP OR BLANKET ACCIDENT OR  HEALTH  INSURANCE  POLICY  OR
ISSUING A GROUP BLANKET POLICY FOR DELIVERY IN THIS STATE WHICH PROVIDES
COVERAGE  FOR HOSPITAL, SURGICAL, OR MEDICAL CARE COVERAGE SHALL PROVIDE
COVERAGE FOR THE HALO BREAST PAP TEST TO DETECT A WOMAN'S RISK OF DEVEL-
OPING BREAST CANCER, WHEN SUCH TEST IS RECOMMENDED  BY  A  PHYSICIAN  OR
CERTIFIED NURSE PRACTITIONER.
  (B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS GIVEN A GIVEN POLICY.
  (C)  FOR  PURPOSES  OF  THIS  SECTION,  "HALO BREAST PAP TEST" MEANS A
PROCEDURE THAT ENTAILS COLLECTION OF NIPPLE ASPIRATE FLUID FOR CYTOLOGI-
CAL EVALUATION.

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

                                                           LBD15946-02-0

S. 6894--A                          2

  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (gg) to read as follows:
  (GG)(1)  A  MEDICAL  EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE  FOR
HOSPITAL,  SURGICAL, OR MEDICAL CARE COVERAGE SHALL PROVIDE COVERAGE FOR
THE HALO BREAST PAP TEST TO DETECT A WOMAN'S RISK OF  DEVELOPING  BREAST
CANCER,  WHEN SUCH TEST IS RECOMMENDED BY A PHYSICIAN OR CERTIFIED NURSE
PRACTITIONER.
  (2) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
  (3) FOR PURPOSES OF THIS SECTION,  "HALO  BREAST  PAP  TEST"  MEANS  A
PROCEDURE THAT ENTAILS COLLECTION OF NIPPLE ASPIRATE FLUID FOR CYTOLOGI-
CAL EVALUATION.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to  all
policies  or  contracts issued, renewed, modified, altered or amended on
and after such effective date.