Senate Bill S6604

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

                                  6604

                            I N  S E N A T E

                              March 2, 2012
                               ___________

Introduced  by Sen. STAVISKY -- 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 coverage for
  surveillance tests for ovarian 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 29 to read as follows:
  (29) EVERY POLICY THAT  PROVIDES  MEDICAL,  MAJOR-MEDICAL  OR  SIMILAR
COMPREHENSIVE-TYPE  COVERAGE  SHALL  PROVIDE  COVERAGE  FOR SURVEILLANCE
TESTS FOR OVARIAN CANCER FOR AN INSURED  WHO  IS  AT  RISK  FOR  OVARIAN
CANCER.  (A) FOR PURPOSES OF THIS SUBSECTION, AN INSURED IS DEEMED TO BE
AT RISK IF:
  (I) SHE HAS A FAMILY HISTORY OF:
  1. ONE OR MORE FIRST-DEGREE RELATIVE WITH OVARIAN CANCER;
  2. THREE OR MORE FEMALE RELATIVES WITH BREAST CANCER; OR
  3. NONPOLYPOSIS COLORECTAL CANCER; OR
  (II) SHE TESTS POSITIVE FOR BRCA1 OR BRCA2 MUTATIONS.
  (B) FOR PURPOSES OF THIS SUBSECTION, SURVEILLANCE  TESTS  FOR  OVARIAN
CANCER SHALL MEAN ANNUAL SCREENING FOR OVARIAN CANCER USING:
  (I) CA-125 SERUM TUMOR MARKER TESTING;
  (II) TRANSVAGINAL ULTRASOUND; AND
  (III) PELVIC EXAMINATION.
  S 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 18 to read as follows:
  (18) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS  STATE  WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
INCLUDE COVERAGE FOR  SURVEILLANCE  TESTS  FOR  OVARIAN  CANCER  FOR  AN
INSURED  WHO  IS  AT  RISK  FOR OVARIAN CANCER. (A) FOR PURPOSES OF THIS
SUBSECTION, AN INSURED IS DEEMED TO BE AT RISK IF:
  (I) SHE HAS A FAMILY HISTORY OF:
  1. ONE OR MORE FIRST-DEGREE RELATIVE WITH OVARIAN CANCER;
  2. THREE OR MORE FEMALE RELATIVES WITH BREAST CANCER; OR
  3. NONPOLYPOSIS COLORECTAL CANCER; OR

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

                                                           LBD03703-03-2

S. 6604                             2

  (II) SHE TESTS POSITIVE FOR BRCA1 OR BRCA2 MUTATIONS.
  (B)  FOR  PURPOSES  OF THIS SUBSECTION, SURVEILLANCE TESTS FOR OVARIAN
CANCER SHALL MEAN ANNUAL SCREENING FOR OVARIAN CANCER USING:
  (I) CA-125 SERUM TUMOR MARKER TESTING;
  (II) TRANSVAGINAL ULTRASOUND; AND
  (III) PELVIC EXAMINATION.
  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (ii) to read as follows:
  (II)  A HEALTH SERVICE CORPORATION OR MEDICAL EXPENSE INDEMNITY CORPO-
RATION   WHICH    PROVIDES    MEDICAL,    MAJOR-MEDICAL    OR    SIMILAR
COMPREHENSIVE-TYPE COVERAGE MUST PROVIDE COVERAGE FOR SURVEILLANCE TESTS
FOR OVARIAN CANCER FOR AN INSURED WHO IS AT RISK FOR OVARIAN CANCER. (1)
FOR PURPOSES OF THIS SUBSECTION, AN INSURED IS DEEMED TO BE AT RISK IF:
  (A) SHE HAS A FAMILY HISTORY OF:
  (I) ONE OR MORE FIRST-DEGREE RELATIVE WITH OVARIAN CANCER;
  (II) THREE OR MORE FEMALE RELATIVES WITH BREAST CANCER; OR
  (III) NONPOLYPOSIS COLORECTAL CANCER; OR
  (B) SHE TESTS POSITIVE FOR BRCA1 OR BRCA2 MUTATIONS.
  (2)  FOR  PURPOSES  OF THIS SUBSECTION, SURVEILLANCE TESTS FOR OVARIAN
CANCER SHALL MEAN ANNUAL SCREENING FOR OVARIAN CANCER USING:
  (A) CA-125 SERUM TUMOR MARKER TESTING;
  (B) TRANSVAGINAL ULTRASOUND; AND
  (C) PELVIC EXAMINATION.
  S 4. This act shall take effect immediately and  shall  apply  to  any
policy issued, renewed, or modified after such effective date.