Provides that policies issued in this state that provide coverage for hospital, surgical or medical care shall provide coverage for standard fertility preservation services when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person.
S T A T E O F N E W Y O R K
________________________________________________________________________
10660
I N A S S E M B L Y
May 10, 2018
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to insurance coverage for
standard fertility preservation services made necessary by cancer
treatment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 13 of subsection (i) of section 3216 of the
insurance law is amended by adding a new subparagraph (C) to read as
follows:
(C) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE THAT
PROVIDES COVERAGE FOR HOSPITAL, SURGICAL OR MEDICAL CARE SHALL PROVIDE
COVERAGE FOR STANDARD FERTILITY PRESERVATION SERVICES WHEN A NECESSARY
CANCER TREATMENT MAY DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY
TO A COVERED PERSON. COVERAGE UNDER THIS SUBPARAGRAPH SHALL NOT BE
SUBJECT TO ANY RESTRICTIONS BASED UPON THE AGE OF THE COVERED PERSON.
FOR THE PURPOSES OF THIS SUBPARAGRAPH, "IATROGENIC INFERTILITY" MEANS AN
IMPAIRMENT OF FERTILITY BY SURGERY, RADIATION, CHEMOTHERAPY OR OTHER
CANCER TREATMENT AFFECTING REPRODUCTIVE ORGANS OR PROCESSES.
§ 2. Paragraph 6 of subsection (k) of section 3221 of the insurance
law is amended by adding a new subparagraph (E) to read as follows:
(E) EVERY GROUP POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
THAT PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL PROVIDE
COVERAGE FOR STANDARD FERTILITY PRESERVATION SERVICES WHEN A NECESSARY
CANCER TREATMENT MAY DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY
TO A COVERED PERSON. COVERAGE UNDER THIS SUBPARAGRAPH SHALL NOT BE
SUBJECT TO ANY RESTRICTIONS BASED UPON THE AGE OF THE COVERED PERSON.
FOR THE PURPOSES OF THIS SUBPARAGRAPH, "IATROGENIC INFERTILITY" MEANS AN
IMPAIRMENT OF FERTILITY BY SURGERY, RADIATION, CHEMOTHERAPY OR OTHER
CANCER TREATMENT AFFECTING REPRODUCTIVE ORGANS OR PROCESSES.
§ 3. Subsection (s) of section 4303 of the insurance law, as amended
by section 2 of part K of chapter 82 of the laws of 2002, is amended by
adding a new paragraph 5 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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