Senate Bill S1312

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

                                  1312

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 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 219 of the laws
of 2011, is amended to read as follows:
  (A) Every policy that 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 219 of the laws of
2011, is amended to read as follows:
  (A) Every group or blanket policy delivered or issued for delivery  in
this  state  that  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]

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

                                                           LBD04282-01-3

S. 1312                             2

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 219 of the laws of 2011, is amended to read
as follows:
  (1) A medical expense indemnity corporation, a hospital service corpo-
ration or a health service corporation that provides coverage for hospi-
tal, surgical, or medical care shall provide coverage  for  [an  annual]
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 INTRAEP-
ITHELIAL 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 required by  this
paragraph 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.