S T A T E O F N E W Y O R K
________________________________________________________________________
2871
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
___________
Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to mandating certain
testing in connection with pregnancy and fertility treatment; and to
amend the insurance law, in relation to requiring insurance policies
to provide coverage for certain testing in connection with fertility
treatment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2500-l to read as follows:
§ 2500-L. PRENATAL AND ANTENATAL TESTING. 1. EVERY PHYSICIAN OR OTHER
AUTHORIZED PRACTITIONER ATTENDING A PREGNANT WOMAN SHALL EXAMINE AND
TEST SUCH WOMAN FOR AN INCOMPETENT CERVIX.
2. EVERY PHYSICIAN OR OTHER AUTHORIZED PRACTITIONER ATTENDING A WOMAN
WHO HAS ADVISED SUCH PHYSICIAN OR PRACTITIONER THAT (I) SHE IS ATTEMPT-
ING TO BECOME PREGNANT AND (II) SHE HAS A HISTORY OF MISCARRIAGE OR IS
UNDERGOING FERTILITY TREATMENT, SHALL EXAMINE AND TEST SUCH WOMAN FOR AN
INCOMPETENT CERVIX.
§ 2. Item (ii) of subparagraph (A) and item (ii) of subparagraph (B)
of paragraph 6 of subsection (k) of section 3221 of the insurance law,
as amended by section 1 of part K of chapter 82 of the laws of 2002, are
amended to read as follows:
(ii) provided, further however, that subject to the provisions of
subparagraph (C) of this paragraph, in no case shall such coverage
exclude diagnostic tests and procedures provided as part of such hospi-
tal care that are necessary to determine infertility or that are neces-
sary in connection with any surgical or medical treatments or
prescription drug coverage provided pursuant to this paragraph, includ-
ing such diagnostic tests and procedures as hysterosalpingogram, hyster-
oscopy, endometrial biopsy, laparoscopy, sono-hysterogram, post coital
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00396-01-9
A. 2871 2
tests, testis biopsy, semen analysis, blood tests, TESTING FOR AN INCOM-
PETENT CERVIX and ultrasound; and
(ii) provided, further however, that subject to the provisions of
subparagraph (C) of this paragraph, in no case shall such coverage
exclude diagnostic tests and procedures that are necessary to determine
infertility or that are necessary in connection with any surgical or
medical treatments or prescription drug coverage provided pursuant to
this paragraph, including such diagnostic tests and procedures as
hysterosalpingogram, hysteroscopy, endometrial biopsy, laparoscopy,
sono-hysterogram, post coital tests, testis biopsy, semen analysis,
blood tests, TESTING FOR AN INCOMPETENT CERVIX and ultrasound; and
§ 3. Subparagraph (B) of paragraph 1 and subparagraph (B) of paragraph
2 of 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, are amended to
read as follows:
(B) provided, further however, that subject to the provisions of para-
graph three of this subsection, in no case shall such coverage exclude
diagnostic tests and procedures provided as part of such hospital care
that are necessary to determine infertility or that are necessary in
connection with any surgical or medical treatments or prescription drug
coverage provided pursuant to this subsection, including such diagnostic
tests and procedures as hysterosalpingogram, hysteroscopy, endometrial
biopsy, laparoscopy, sono-hysterogram, post coital tests, testis biopsy,
semen analysis, blood tests, TESTING FOR AN INCOMPETENT CERVIX and
ultrasound; and
(B) provided, further however, that subject to the provisions of para-
graph three of this subsection, in no case shall such coverage exclude
diagnostic tests and procedures that are necessary to determine infer-
tility or that are necessary in connection with any surgical or medical
treatments or prescription drug coverage provided pursuant to this
subsection, including such diagnostic tests and procedures as hystero-
salpingogram, hysteroscopy, endometrial biopsy, laparoscopy, sono-hyste-
rogram, post coital tests, testis biopsy, semen analysis, blood tests,
TESTING FOR AN INCOMPETENT CERVIX and ultrasound; and
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.