S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6882--A
     Cal. No. 201
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                            September 22, 2017
                                ___________
 
 Introduced by Sens. TEDISCO, HANNON, MARCHIONE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   recommitted  to the Committee on Health in accordance with Senate Rule
   6, sec. 8 -- reported favorably from said committee, ordered to  first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the public health law, in relation to the written summa-
   ry relating to prostate cancer; and to amend  the  insurance  law,  in
   relation to coverage of diagnostic screening for prostate cancer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2404-a of the public health law, as added by  chap-
 ter 141 of the laws of 1997, is amended to read as follows:
   §  2404-a.  Prostate cancer; duty to inform. 1. The commissioner shall
 develop a standardized written summary, in plain non-technical language,
 which shall explain the following:
   (a) the symptoms and risk factors for prostate cancer;
   (b) the available methods for the detection and diagnosis of  prostate
 cancer,  including information on the relative accuracy of the available
 detection and diagnostic techniques;
   (C) THE AVAILABILITY OF INSURANCE COVERAGE  FOR  DIAGNOSTIC  SCREENING
 FOR PROSTATE CANCER WITHOUT COST SHARING PURSUANT TO SUBPARAGRAPH (B) OF
 PARAGRAPH  ELEVEN-A  OF  SUBSECTION  (I)  OF  SECTION THREE THOUSAND TWO
 HUNDRED SIXTEEN, SUBPARAGRAPH (B) OF PARAGRAPH  ELEVEN-A  OF  SUBSECTION
 (1)  OF  SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE AND PARAGRAPH TWO
 OF SUBSECTION (Z-1) OF SECTION FOUR THOUSAND THREE HUNDRED THREE OF  THE
 INSURANCE LAW; and
   [(c)]  (D)  the  alternative  medically  viable  methods  of  treating
 prostate cancer, including but not limited  to  hormonal,  radiological,
 chemotherapeutic  or  surgical  treatments, or combinations thereof. The
 summary shall contain information on prostate post-treatment  risks  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13496-02-8

 S. 6882--A                          2
 
 other  pertinent  information  to  aid  a person in deciding a course of
 treatment. The summary shall be updated as is necessary.
   [(d)]  2. The summary shall be provided to any health care provider or
 practitioner providing medical treatment to adult men without charge  or
 fee  for distribution in accordance with subdivision [two] THREE of this
 section.
   [2.] 3. The standardized written summary provided for  by  subdivision
 one  of  this  section may be provided by a health care provider to each
 person under [his/her] HIS OR HER care who is or  may  be  at  risk  for
 prostate  cancer or who has been diagnosed to be afflicted with prostate
 cancer upon said diagnosis, or as soon thereafter as practicable.
   [3.] 4. Nothing in this section shall be construed to create  a  cause
 of  action  for  lack  of informed consent in any instance in which such
 cause of action would be limited by section twenty-eight hundred  five-d
 of this chapter.
   [4.]  5.  The commissioner shall have the written summary, required by
 this section, completed and prepared for distribution on or before Janu-
 ary first, nineteen hundred ninety-eight.
   § 2. Subparagraph (B) of paragraph 11-a of subsection (i)  of  section
 3216  of the insurance law, as added by chapter 601 of the laws of 2000,
 is amended to read as follows:
   (B) Such coverage [may] SHALL NOT be  subject  to  annual  deductibles
 [and] OR coinsurance [as may be deemed appropriate by the superintendent
 and as are consistent with those established for other benefits within a
 given policy].
   §  3.  Subparagraph (B) of paragraph 11-a of subsection (1) of section
 3221 of the insurance law, as added by chapter 601 of the laws of  2000,
 is amended to read as follows:
   (B)  Such  coverage  [may]  SHALL NOT be subject to annual deductibles
 [and] OR coinsurance [as may be deemed appropriate by the superintendent
 and as are consistent with those established for other benefits within a
 given policy].
   § 4. Paragraph 2 of subsection (z-1) of section 4303 of the  insurance
 law,  as added by chapter 601 of the laws of 2000, is amended to read as
 follows:
   (2) Such coverage [may] SHALL NOT be  subject  to  annual  deductibles
 [and] OR coinsurance [as may be deemed appropriate by the superintendent
 and as are consistent with those established for other benefits within a
 given policy].
   §  5.  This act shall take effect immediately, and sections two, three
 and four of this act shall apply to all policies and  contracts  issued,
 renewed, modified or amended on or after January 1, 2019.