S T A T E O F N E W Y O R K
________________________________________________________________________
337
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PAULIN, SPANO, JACOBS, GUNTHER, PHEFFER, ROSEN-
THAL, SCHIMEL, GALEF, JAFFEE, MAYERSOHN, ROBINSON, BOYLAND, CASTRO,
COLTON, KELLNER, LANCMAN, MAGNARELLI, MAISEL, TITONE, ZEBROWSKI --
Multi-Sponsored by -- M. of A. CAHILL, DESTITO, GOTTFRIED, HIKIND,
LUPARDO, McENENY, SCARBOROUGH, SWEENEY, WEISENBERG, WRIGHT -- read
once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to coverage for cervical
cytology screening for insureds by certain corporations and insurance
policies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (A) of paragraph 15 of subsection (i) of
section 3216 of the insurance law, as amended by chapter 43 of the laws
of 1993, is amended to read as follows:
(A) Every policy which provides hospital, surgical or medical care
coverage or provides reimbursement for laboratory tests or reimbursement
for diagnostic X-ray services shall provide coverage for [an annual]
cervical cytology screening for cervical cancer and its precursor states
[for women aged eighteen and older] ACCORDING TO THE FOLLOWING: (I) FOR
WOMEN YOUNGER THAN THIRTY YEARS, AT LEAST ONCE EVERY TWO YEARS; (II) FOR
WOMEN AGED THIRTY YEARS AND OLDER WHO HAVE HAD THREE CONSECUTIVE CERVI-
CAL CYTOLOGY TEST RESULTS THAT ARE SATISFACTORY AND NEGATIVE FOR
INTRAEPITHELIAL LESIONS AND MALIGNANCY, AT LEAST ONCE EVERY THREE YEARS;
AND (III) FOR OTHER WOMEN AGED THIRTY YEARS AND OLDER, AND FOR WOMEN
WITH RISK FACTORS THAT REQUIRE MORE FREQUENT SCREENING IN THE REASONABLE
MEDICAL JUDGMENT OF THEIR ATTENDING HEALTH CARE PROFESSIONAL, AS DETER-
MINED BY THAT HEALTH CARE PROFESSIONAL.
S 2. Subparagraph (A) of paragraph 14 of subsection (l) of section
3221 of the insurance law, as amended by chapter 554 of the laws of
2002, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02279-01-1
A. 337 2
(A) Every group or blanket policy delivered or issued for delivery in
this state which provides hospital, surgical or medical coverage shall
provide coverage for [an annual] cervical cytology screening for cervi-
cal cancer and its precursor states [for women aged eighteen and older]
ACCORDING TO THE FOLLOWING: (I) FOR WOMEN YOUNGER THAN THIRTY YEARS, AT
LEAST ONCE EVERY TWO YEARS; (II) FOR WOMEN AGED THIRTY YEARS AND OLDER
WHO HAVE HAD THREE CONSECUTIVE CERVICAL CYTOLOGY TEST RESULTS THAT ARE
SATISFACTORY AND NEGATIVE FOR INTRAEPITHELIAL LESIONS AND MALIGNANCY, AT
LEAST ONCE EVERY THREE YEARS; AND (III) FOR OTHER WOMEN AGED THIRTY
YEARS AND OLDER, AND FOR WOMEN WITH RISK FACTORS THAT REQUIRE MORE
FREQUENT SCREENING IN THE REASONABLE MEDICAL JUDGMENT OF THEIR ATTENDING
HEALTH CARE PROFESSIONAL, AS DETERMINED BY THAT HEALTH CARE
PROFESSIONAL.
S 3. Paragraph 1 of subsection (t) of section 4303 of the insurance
law, as amended by chapter 554 of the laws of 2002, is amended to read
as follows:
(1) A medical expense indemnity corporation, a hospital service corpo-
ration or a health service corporation which provides coverage for
hospital, surgical, or medical care shall provide coverage for [an annu-
al] cervical cytology screening for cervical cancer and its precursor
states ACCORDING TO THE FOLLOWING: (I) for women [aged eighteen and
older] YOUNGER THAN THIRTY YEARS, AT LEAST ONCE EVERY TWO YEARS; (II)
FOR WOMEN AGED THIRTY YEARS OR OLDER WHO HAVE HAD THREE CONSECUTIVE
CERVICAL CYTOLOGY TEST RESULTS THAT ARE SATISFACTORY AND NEGATIVE FOR
INTRAEPITHELIAL LESIONS AND MALIGNANCY AT LEAST ONCE EVERY THREE YEARS;
AND (III) FOR OTHER WOMEN AGED THIRTY YEARS AND OLDER, AND FOR WOMEN
WITH RISK FACTORS THAT REQUIRE MORE FREQUENT SCREENING IN THE REASONABLE
MEDICAL JUDGMENT OF THEIR ATTENDING HEALTH CARE PROFESSIONAL, AS DETER-
MINED BY THAT HEALTH CARE PROFESSIONAL. 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 contract.
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become law and shall apply to all
policies issued, renewed, modified or altered on or after such date.