NY State Senate Bill 2017-S1836

Senate Bill S1836

2017-2018 Legislative Session

Requires providers of health care policies to provide coverage for colorectal cancer early detection

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to insurance
Jan 11, 2017	referred to insurance

2017-S1836 (ACTIVE) - Details

See Assembly Version of this Bill:: A344
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6140
2011-2012: S6941, A552
2013-2014: S543, A639
2015-2016: S756, A102
2019-2020: S8051, A2883
2021-2022: S906, A2085

2017-S1836 (ACTIVE) - Summary

Requires providers of health care policies to provide coverage for colorectal cancer early detection for persons fifty years of age or older; requires the superintendent of financial services to provide notification to enrollees of such coverage via mail.

2017-S1836 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1836

 TITLE OF BILL :  An act to amend the insurance law, in relation to
providing insurance coverage for colorectal cancer early detection

 PURPOSE :

This bill will require health insurance providers to cover the costs
of colon screening by colonoscopy in men and women age 50 and older.

 SUMMARY OF PROVISIONS :

Section 1 amends paragraph 27 of subsection (i) of section 3216 of the
insurance law, as added by chapter 457 of the laws of 2010, is
renumbered paragraph 34, paragraph 28 of subsection (i) of section
3216 is renumbered paragraph 35, and a new paragraph 36 is added,
which provides that every policy issued or delivered in this state
shall provide coverage for colon cancer screening for persons fifty
years of age or older. Such coverage shall include, but not be limited
to, the costs of a colonoscopy or coloscopy.

Section 2 amends subsection (k) of section 3221 by adding a new
paragraph 22 to provide that every policy issued or delivered in this
state included under this section of law shall provide coverage for
colon cancer screening.

 JUSTIFICATION :

Colon cancer is the second leading cancer killer in America and is the
primary cancer killer among nonsmokers. Without preventative action,
one in every 17 Americans will be diagnosed with colon cancer.
However, with colonoscopy screening, that risk is reduced to as low as
one in 100 people, Studies have found that a colonoscopy can detect
cancer in patients without symptoms that would be missed by other
screening methods. With such a preventative screening technique,
cancer is detected earlier and treatment is more likely to be
effective.

 LEGISLATIVE HISTORY :

2012: S.6941 Referred to Insurance
2013: S.543 Referred to Insurance
2015-16: S.756A/A.102A Referred to Insurance

 FISCAL IMPLICATIONS :

Any cost of enacting this legislation is far overshadowed by potential
lives and dollars saved by early detection and treatment of colon
cancer.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to any policy
issued, delivered, renewed, and/or modified on or after the effective
date of this act.

2017-S1836 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1836
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  insurance
   coverage for colorectal cancer early detection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 27 of subsection  (i)  of  section  3216  of  the
 insurance  law,  as  added by chapter 457 of the laws of 2010, is renum-
 bered paragraph 34, paragraph 28 of subsection (i) of  section  3216  of
 the  insurance  law,  as  amended  by chapter 11 of the laws of 2012, is
 renumbered paragraph 35 and a new paragraph  36  is  added  to  read  as
 follows:
   (36) (A) EVERY POLICY WHICH PROVIDES COVERAGE PURSUANT TO THIS SECTION
 SHALL  PROVIDE  COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER PERSON COVERED
 THEREUNDER FOR EXPENSES INCURRED IN CONDUCTING COLORECTAL  CANCER  EXAM-
 INATIONS  AND  LABORATORY TESTS AT REGULAR INTERVALS, INCLUDING EXPENSES
 INCURRED IN CONDUCTING PHYSICIAN  CONSULTATIONS  FOR  COLORECTAL  CANCER
 PRIOR  TO SUCH EXAMINATIONS AND TESTS, FOR PERSONS FIFTY YEARS OF AGE OR
 OLDER AND FOR PERSONS OF ANY AGE WHO ARE CONSIDERED TO BE AT  HIGH  RISK
 FOR COLORECTAL CANCER. THE METHODS OF SCREENING FOR WHICH BENEFITS SHALL
 BE PROVIDED SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) A SCREENING FECAL OCCULT BLOOD TEST;
   (II) FLEXIBLE SIGMOIDOSCOPY;
   (III) COLONOSCOPY;
   (IV) BARIUM ENEMA; OR
   (V)  THE MOST RELIABLE, MEDICALLY RECOGNIZED SCREENING TEST AVAILABLE;
 AND
   (VI) ANY COMBINATION THEREOF.
   THE METHOD AND FREQUENCY OF SCREENING  TO  BE  UTILIZED  SHALL  BE  IN
 ACCORD  WITH  THE  MOST  RECENTLY  PUBLISHED  GUIDELINES OF THE AMERICAN

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00831-01-7

 S. 1836                             2
 
 COLLEGE OF GASTROENTEROLOGY OR THE AMERICAN GASTROENTEROLOGICAL  ASSOCI-
 ATION IN CONSULTATION WITH THE AMERICAN CANCER SOCIETY.
   (B) AS USED IN THIS PARAGRAPH, "HIGH RISK FOR COLORECTAL CANCER" SHALL
 MEAN A PERSON HAS,
   (I)  A  FAMILY  HISTORY  OF FAMILIAL ADENOMATOUS POLYPOSIS; HEREDITARY
 NON-POLYPOSIS COLON CANCER; OR BREAST,  OVARIAN,  ENDOMETRIAL  OR  COLON
 CANCER OR POLYPS;
   (II) CHRONIC INFLAMMATORY BOWEL DISEASE; OR
   (III) A BACKGROUND, ETHNICITY OR LIFESTYLE THAT THE PHYSICIAN BELIEVES
 PUTS THE PERSON AT ELEVATED RISK FOR COLORECTAL CANCER.
   § 2. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) (A) EVERY POLICY WHICH PROVIDES COVERAGE PURSUANT TO THIS SECTION
 SHALL  PROVIDE  COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER PERSON COVERED
 THEREUNDER FOR EXPENSES INCURRED IN CONDUCTING COLORECTAL  CANCER  EXAM-
 INATIONS  AND  LABORATORY TESTS AT REGULAR INTERVALS, INCLUDING EXPENSES
 INCURRED IN CONDUCTING PHYSICIAN  CONSULTATIONS  FOR  COLORECTAL  CANCER
 PRIOR  TO SUCH EXAMINATIONS AND TESTS, FOR PERSONS FIFTY YEARS OF AGE OR
 OLDER AND FOR PERSONS OF ANY AGE WHO ARE CONSIDERED TO BE AT  HIGH  RISK
 FOR COLORECTAL CANCER. THE METHODS OF SCREENING FOR WHICH BENEFITS SHALL
 BE PROVIDED SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) A SCREENING FECAL OCCULT BLOOD TEST;
   (II) FLEXIBLE SIGMOIDOSCOPY;
   (III) COLONOSCOPY;
   (IV) BARIUM ENEMA; OR
   (V)  THE MOST RELIABLE, MEDICALLY RECOGNIZED SCREENING TEST AVAILABLE;
 AND
   (VI) ANY COMBINATION THEREOF.
   THE METHOD AND FREQUENCY OF SCREENING  TO  BE  UTILIZED  SHALL  BE  IN
 ACCORD  WITH  THE  MOST  RECENTLY  PUBLISHED  GUIDELINES OF THE AMERICAN
 COLLEGE OF GASTROENTEROLOGY OR THE AMERICAN GASTROENTEROLOGICAL  ASSOCI-
 ATION IN CONSULTATION WITH THE AMERICAN CANCER SOCIETY.
   (B) AS USED IN THIS PARAGRAPH, "HIGH RISK FOR COLORECTAL CANCER" SHALL
 MEAN A PERSON HAS,
   (I)  A  FAMILY  HISTORY  OF FAMILIAL ADENOMATOUS POLYPOSIS; HEREDITARY
 NON-POLYPOSIS COLON CANCER; OR BREAST,  OVARIAN,  ENDOMETRIAL  OR  COLON
 CANCER OR POLYPS;
   (II) CHRONIC INFLAMMATORY BOWEL DISEASE; OR
   (III) A BACKGROUND, ETHNICITY OR LIFESTYLE THAT THE PHYSICIAN BELIEVES
 PUTS THE PERSON AT ELEVATED RISK FOR COLORECTAL CANCER.
   § 3. Subsection (a) of section 4303 of the insurance law is amended by
 adding a new paragraph 4 to read as follows:
   (4) TO PERSONS FIFTY YEARS OF AGE OR OLDER FOR SERVICES RELATED TO THE
 CONDUCTING  OF  COLORECTAL  CANCER  EXAMINATIONS AND LABORATORY TESTS AT
 REGULAR INTERVALS, INCLUDING EXPENSES INCURRED IN  CONDUCTING  PHYSICIAN
 CONSULTATIONS  FOR  COLORECTAL  CANCER  PRIOR  TO  SUCH EXAMINATIONS AND
 TESTS, INCLUDING BUT NOT LIMITED TO, COLONOSCOPIES, COLOSCOPIES, SCREEN-
 ING FECAL OCCULT BLOOD TESTS, FLEXIBLE SIGMOIDOSCOPIES OR BARIUM ENEMAS.
   § 4. The superintendent of financial services shall require an  insur-
 er,  health  carrier or health benefit plan to notify enrollees annually
 of colorectal cancer screenings covered by such enrollees' health  bene-
 fit  plan  and  the  most  recently published guidelines of the American
 College of Gastroenterology or the American Gastroenterological  Associ-
 ation  in  consultation  with the American Cancer Society for colorectal
 cancer screenings or notify enrollees at intervals consistent  with  the
 most  recently published guidelines of the American College of Gastroen-

 S. 1836                             3
 
 terology or the American Gastroenterological Association in consultation
 with the American Cancer Society of colorectal cancer  screenings  which
 are  covered  by such enrollees' health benefit plans.  The notice shall
 be  delivered by mail unless the enrollee and health carrier have agreed
 on another method  of  notification.  The  superintendent  of  financial
 services is authorized to promulgate necessary rules and regulations for
 the purposes of providing such notification.
   §  5.  This  act  shall take effect immediately and shall apply to any
 policy issued, delivered, renewed,  and/or  modified  on  or  after  the
 effective date of this act.

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