S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5727
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M. of A. ROZIC, ABINANTI, AUBRY, BLAKE, BRONSON, COLTON,
   COOK, CRESPO, JAFFEE, M. G. MILLER, O'DONNELL, OTIS, SIMON, WEPRIN  --
   Multi-Sponsored  by  --  M.  of  A. ARROYO, BARNWELL, CROUCH, GUNTHER,
   PERRY, RAIA, RIVERA -- read once and  referred  to  the  Committee  on
   Insurance
 AN  ACT  to  amend  the  insurance  law, in relation to requiring health
   insurance policies to fully cover comprehensive  genetic  testing  for
   breast, ovarian, prostate, colon and lung cancers in certain cases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "Ana  Lucia
 act".
   §  2.  Paragraph 11 of subsection (i) of section 3216 of the insurance
 law is amended by adding a new subparagraph (G) to read as follows:
   (G) (I) SUCH POLICY SHALL PROVIDE ADDITIONAL FULL COVERAGE FOR COMPRE-
 HENSIVE GENETIC TESTING FOR BREAST  CANCER  ONLY  IF  RECOMMENDED  BY  A
 BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUNSELOR.
   (II) ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL NOT
 BE  SUBJECT  TO  ANNUAL  DEDUCTIBLES  AND COINSURANCE BUT SHALL BE BORNE
 SOLELY BY THE INSURER.
   § 3. Paragraph 11-a of subsection (i) of section 3216 of the insurance
 law is amended by adding a new subparagraph (C) to read as follows:
   (C) (I) SUCH POLICY SHALL PROVIDE ADDITIONAL FULL COVERAGE FOR COMPRE-
 HENSIVE GENETIC TESTING FOR PROSTATIC CANCER ONLY IF  RECOMMENDED  BY  A
 BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUNSELOR.
   (II) ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL NOT
 BE  SUBJECT  TO  ANNUAL  DEDUCTIBLES  AND COINSURANCE BUT SHALL BE BORNE
 SOLELY BY THE INSURER.
   § 4. Paragraph 11 of subsection (l) of section 3221 of  the  insurance
 law is amended by adding a new subparagraph (G) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01111-01-9
              
             
                          
                
 A. 5727                             2
 
   (G) (I) SUCH POLICY SHALL PROVIDE ADDITIONAL FULL COVERAGE FOR COMPRE-
 HENSIVE  GENETIC  TESTING  FOR  BREAST  CANCER  ONLY IF RECOMMENDED BY A
 BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUNSELOR.
   (II) ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL NOT
 BE  SUBJECT  TO  ANNUAL  DEDUCTIBLES  AND COINSURANCE BUT SHALL BE BORNE
 SOLELY BY THE INSURER.
   § 5. Paragraph 11-a of subsection (l) of section 3221 of the insurance
 law is amended by adding a new subparagraph (C) to read as follows:
   (C)(I) SUCH POLICY SHALL PROVIDE ADDITIONAL FULL COVERAGE FOR  COMPRE-
 HENSIVE  GENETIC  TESTING  FOR PROSTATIC CANCER ONLY IF RECOMMENDED BY A
 BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUNSELOR.
   (II) ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL NOT
 BE SUBJECT TO ANNUAL DEDUCTIBLES AND  COINSURANCE  BUT  SHALL  BE  BORNE
 SOLELY BY THE INSURER.
   § 6. Subsection (p) of section 4303 of the insurance law is amended by
 adding a new paragraph 6 to read as follows:
   (6)  (I)  SUCH  COVERAGE  SHALL  PROVIDE  ADDITIONAL FULL COVERAGE FOR
 COMPREHENSIVE GENETIC TESTING FOR BREAST CANCER ONLY IF RECOMMENDED BY A
 BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUNSELOR.
   (II) ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL NOT
 BE SUBJECT TO ANNUAL DEDUCTIBLES AND  COINSURANCE  BUT  SHALL  BE  BORNE
 SOLELY BY THE INSURER.
   §  7. Subsection (z-1) of section 4303 of the insurance law is amended
 by adding a new paragraph 3 to read as follows:
   (3)(A) SUCH POLICY SHALL PROVIDE ADDITIONAL FULL COVERAGE FOR  COMPRE-
 HENSIVE  GENETIC  TESTING  FOR PROSTATIC CANCER ONLY IF RECOMMENDED BY A
 BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUNSELOR.
   (B) ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL  NOT
 BE  SUBJECT  TO  ANNUAL  DEDUCTIBLES  AND COINSURANCE BUT SHALL BE BORNE
 SOLELY BY THE INSURER.
   § 8. Subsection (i) of section 3216 of the insurance law is amended by
 adding three new paragraphs 11-b, 11-c and 11-d to read as follows:
   (11-B) (A) EVERY POLICY THAT PROVIDES COVERAGE FOR HOSPITAL,  SURGICAL
 OR  MEDICAL  CARE  SHALL PROVIDE FULL COVERAGE FOR GENETIC SCREENING FOR
 OVARIAN CANCER ONLY IF RECOMMENDED BY A BOARD-CERTIFIED GENETICIST OR  A
 BOARD-CERTIFIED GENETIC COUNSELOR.
   (B)  SUCH  ADDITIONAL  COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCT-
 IBLES AND COINSURANCE BUT SHALL BE BORNE SOLELY BY THE INSURER.
   (11-C) (A) EVERY POLICY THAT PROVIDES COVERAGE FOR HOSPITAL,  SURGICAL
 OR  MEDICAL  CARE  SHALL PROVIDE FULL COVERAGE FOR GENETIC SCREENING FOR
 COLON CANCER ONLY IF RECOMMENDED BY A BOARD-CERTIFIED  GENETICIST  OR  A
 BOARD-CERTIFIED GENETIC COUNSELOR.
   (B)  ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL NOT
 BE SUBJECT TO ANNUAL DEDUCTIBLES AND  COINSURANCE  BUT  SHALL  BE  BORNE
 SOLELY BY THE INSURER.
   (11-D)  (A) EVERY POLICY THAT PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
 OR MEDICAL CARE SHALL PROVIDE FULL COVERAGE FOR  GENETIC  SCREENING  FOR
 LUNG  CANCER  ONLY  IF  RECOMMENDED BY A BOARD-CERTIFIED GENETICIST OR A
 BOARD-CERTIFIED GENETIC COUNSELOR.
   (B) ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL  NOT
 BE  SUBJECT  TO  ANNUAL  DEDUCTIBLES  AND COINSURANCE BUT SHALL BE BORNE
 SOLELY BY THE INSURER.
   § 9. Subsection (l) of section 3221 of the insurance law is amended by
 adding three new paragraphs 11-b, 11-c and 11-d to read as follows:
   (11-B) (A) EVERY INSURER DELIVERING A GROUP OR BLANKET POLICY OR ISSU-
 ING A GROUP OR BLANKET POLICY FOR DELIVERY IN THIS STATE  THAT  PROVIDES
 A. 5727                             3
 
 COVERAGE  FOR  HOSPITAL,  SURGICAL  OR  MEDICAL  CARE SHALL PROVIDE FULL
 COVERAGE OR GENETIC SCREENING FOR OVARIAN CANCER ONLY IF RECOMMENDED  BY
 A BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUNSELOR.
   (B)  SUCH  ADDITIONAL  COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCT-
 IBLES AND COINSURANCE BUT SHALL BE BORNE SOLELY BY THE INSURER.
   (11-C) (A) EVERY POLICY THAT PROVIDES COVERAGE FOR HOSPITAL,  SURGICAL
 OR  MEDICAL  CARE  SHALL PROVIDE FULL COVERAGE FOR GENETIC SCREENING FOR
 COLON CANCER ONLY IF RECOMMENDED BY A BOARD-CERTIFIED  GENETICIST  OR  A
 BOARD-CERTIFIED GENETIC COUNSELOR.
   (B)  ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL NOT
 BE SUBJECT TO ANNUAL DEDUCTIBLES AND  COINSURANCE  BUT  SHALL  BE  BORNE
 SOLELY BY THE INSURER.
   (11-D)  (A) EVERY POLICY THAT PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
 OR MEDICAL CARE SHALL PROVIDE FULL COVERAGE FOR  GENETIC  SCREENING  FOR
 LUNG  CANCER  ONLY  IF  RECOMMENDED BY A BOARD-CERTIFIED GENETICIST OR A
 BOARD-CERTIFIED GENETIC COUNSELOR.
   (B) ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL  NOT
 BE  SUBJECT  TO  ANNUAL  DEDUCTIBLES  AND COINSURANCE BUT SHALL BE BORNE
 SOLELY BY THE INSURER.
   § 10. Section 4303 of the insurance law is amended by adding three new
 subsections (p-1), (p-2) and (p-3) to read as follows:
   (P-1) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL  SERVICE
 CORPORATION  OR  A HEALTH SERVICE CORPORATION THAT PROVIDES COVERAGE FOR
 HOSPITAL, SURGICAL OR MEDICAL  CARE  SHALL  PROVIDE  FULL  COVERAGE  FOR
 GENETIC SCREENING FOR OVARIAN CANCER ONLY IF RECOMMENDED BY A BOARD-CER-
 TIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUNSELOR.
   (2)  SUCH  ADDITIONAL  COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCT-
 IBLES AND COINSURANCE BUT SHALL BE BORNE SOLELY BY THE INSURER.
   (P-2) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL  SERVICE
 CORPORATION  OR  A HEALTH SERVICE CORPORATION THAT PROVIDES COVERAGE FOR
 HOSPITAL, SURGICAL OR MEDICAL  CARE  SHALL  PROVIDE  FULL  COVERAGE  FOR
 GENETIC SCREENING FOR COLON CANCER ONLY IF RECOMMENDED BY A BOARD-CERTI-
 FIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUNSELOR.
   (2)  ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL NOT
 BE SUBJECT TO ANNUAL DEDUCTIBLES AND  COINSURANCE  BUT  SHALL  BE  BORNE
 SOLELY BY THE INSURER.
   (P-3)  (1) A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
 CORPORATION OR A HEALTH SERVICE CORPORATION THAT PROVIDES  COVERAGE  FOR
 HOSPITAL,  SURGICAL  OR  MEDICAL  CARE  SHALL  PROVIDE FULL COVERAGE FOR
 GENETIC SCREENING FOR LUNG CANCER ONLY IF RECOMMENDED BY A  BOARD-CERTI-
 FIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUNSELOR.
   (2)  ALL COSTS ASSOCIATED WITH SUCH ADDITIONAL FULL COVERAGE SHALL NOT
 BE SUBJECT TO ANNUAL DEDUCTIBLES AND  COINSURANCE  BUT  SHALL  BE  BORNE
 SOLELY BY THE INSURER.
   §  11.  This  act shall take effect on the sixtieth day after it shall
 have become a law.