Senate Bill S217

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    217
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  BENJAMIN,  KENNEDY,  SEPULVEDA  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Labor
 
 AN  ACT  to  amend  the labor law, in relation to entitling employees to
   take one day off every ten years to obtain a colonoscopy; and to amend
   the insurance law, in relation to  providing  insurance  coverage  for
   colonoscopies
 
   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  "45  saves
 lives".
   § 2. The labor law is amended by adding a new section 202-n to read as
 follows:
   §  202-N.  LEAVE  OF ABSENCE FOR COLONOSCOPIES. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR  HIRE  FOR  AN
 EMPLOYER,  FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND INCLUDES
 ALL INDIVIDUALS EMPLOYED AT ANY SITE OWNED OR OPERATED  BY  AN  EMPLOYER
 BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
   (B)  "EMPLOYER"  MEANS  A PERSON OR ENTITY THAT EMPLOYS TWENTY OR MORE
 EMPLOYEES AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL,  CORPORATION,
 PARTNERSHIP,  ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF PERSONS,
 STATE, COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC  AUTHORITY  OR  OTHER
 GOVERNMENTAL SUBDIVISION OF ANY KIND.
   2. AN EMPLOYER SHALL GRANT ONE DAY OF LEAVE OF ABSENCE EVERY TEN YEARS
 TO  ALL  EMPLOYEES  FORTY-FIVE YEARS OF AGE OR OLDER FOR THE PURPOSES OF
 SUCH EMPLOYEES' OBTAINMENT OF A COLONOSCOPY.
   3. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR  REQUESTING
 OR OBTAINING A LEAVE OF ABSENCE UNDER THIS SECTION.
   4.  THIS SECTION SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO
 ANY OTHER EMPLOYEE BENEFIT OTHERWISE PROVIDED BY LAW.
   § 3. Subsection (i) of section 3216 of the insurance law is amended by
              

 adding a new paragraph 35 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01763-01-9

 S. 217                              2
 
   (35) EVERY POLICY WHICH PROVIDES COVERAGE  PURSUANT  TO  THIS  SECTION
 SHALL  PROVIDE  COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER PERSON COVERED
 THEREUNDER FORTY-FIVE YEARS OF AGE OR OLDER  FOR  EXPENSES  INCURRED  IN
 OBTAINING  A  COLONOSCOPY.    PROVIDED, HOWEVER, THAT IF A SUBSCRIBER OR
 PERSON  COVERED  THEREUNDER IS A MEMBER OF A HIGH-RISK GROUP PREDISPOSED
 TO COLON CANCER BASED ON FAMILY OR GENETIC HISTORY, SUCH COVERAGE  SHALL
 BE  REQUIRED  AT  AGE FORTY, PROVIDED THAT FOR INDIVIDUALS WITH A FAMILY
 HISTORY OF COLON CANCER IN A FIRST DEGREE RELATIVE SUCH  COVERAGE  SHALL
 BE  REQUIRED  TEN  YEARS  BEFORE THE FIRST DEGREE RELATIVE WHO DEVELOPED
 COLON CANCER AT THE YOUNGEST AGE IF THIS WOULD REQUIRE  COVERAGE  BEFORE
 THE AGE OF FORTY. SUCH COVERAGE SHALL INCLUDE DIAGNOSTIC AND THERAPEUTIC
 COLONOSCOPIES,  POLYP  REMOVAL  AND  ANCILLARY  FEES. ANCILLARY FEES FOR
 COLONOSCOPIES SHALL INCLUDE, BUT NOT BE LIMITED TO, AMBULATORY,  SURGERY
 CENTER AND HOSPITAL FEES, ANESTHESIA AND PATHOLOGY COSTS AND POLYP EXAM-
 INATION AND BIOPSY.  SUCH COVERAGE SHALL NOT BE REQUIRED FOR FECAL IMMU-
 NOCHEMICAL  TESTING.  SUCH COVERAGE SHALL NOT BE SUBJECT TO DEDUCTIBLES,
 COINSURANCE OR COPAYMENTS.
   § 4. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) EVERY POLICY WHICH PROVIDES COVERAGE  PURSUANT  TO  THIS  SECTION
 SHALL  PROVIDE  COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER PERSON COVERED
 THEREUNDER FORTY-FIVE YEARS OF AGE OR OLDER  FOR  EXPENSES  INCURRED  IN
 OBTAINING  A  COLONOSCOPY.    PROVIDED, HOWEVER, THAT IF A SUBSCRIBER OR
 PERSON COVERED THEREUNDER IS A MEMBER OF A HIGH-RISK  GROUP  PREDISPOSED
 TO  COLON CANCER BASED ON FAMILY OR GENETIC HISTORY, SUCH COVERAGE SHALL
 BE REQUIRED AT AGE FORTY, PROVIDED THAT FOR INDIVIDUALS  WITH  A  FAMILY
 HISTORY  OF  COLON CANCER IN A FIRST DEGREE RELATIVE SUCH COVERAGE SHALL
 BE REQUIRED TEN YEARS BEFORE THE FIRST  DEGREE  RELATIVE  WHO  DEVELOPED
 COLON  CANCER  AT THE YOUNGEST AGE IF THIS WOULD REQUIRE COVERAGE BEFORE
 THE AGE OF FORTY. SUCH COVERAGE SHALL INCLUDE DIAGNOSTIC AND THERAPEUTIC
 COLONOSCOPIES, POLYP REMOVAL AND  ANCILLARY  FEES.  ANCILLARY  FEES  FOR
 COLONOSCOPIES  SHALL INCLUDE, BUT NOT BE LIMITED TO, AMBULATORY, SURGERY
 CENTER AND HOSPITAL FEES, ANESTHESIA AND PATHOLOGY COSTS AND POLYP EXAM-
 INATION AND BIOPSY. SUCH COVERAGE SHALL NOT BE REQUIRED FOR FECAL  IMMU-
 NOCHEMICAL  TESTING.  SUCH COVERAGE SHALL NOT BE SUBJECT TO DEDUCTIBLES,
 COINSURANCE OR COPAYMENTS.
   § 5. Subsection (a) of section 4303 of the insurance law is amended by
 adding a new paragraph 4 to read as follows:
   (4) FOR COLONOSCOPIES TO PERSONS FORTY-FIVE YEARS  OF  AGE  OR  OLDER.
 PROVIDED,  HOWEVER, THAT IF A SUBSCRIBER OR PERSON COVERED THEREUNDER IS
 A MEMBER OF A HIGH-RISK GROUP PREDISPOSED TO COLON CANCER BASED ON FAMI-
 LY OR GENETIC HISTORY, SUCH COVERAGE SHALL BE  REQUIRED  AT  AGE  FORTY,
 PROVIDED THAT FOR INDIVIDUALS WITH A FAMILY HISTORY OF COLON CANCER IN A
 FIRST  DEGREE  RELATIVE SUCH COVERAGE SHALL BE REQUIRED TEN YEARS BEFORE
 THE FIRST DEGREE RELATIVE WHO DEVELOPED COLON CANCER AT THE YOUNGEST AGE
 IF THIS WOULD REQUIRE COVERAGE BEFORE THE AGE OF  FORTY.  SUCH  COVERAGE
 SHALL  INCLUDE  DIAGNOSTIC  AND THERAPEUTIC COLONOSCOPIES, POLYP REMOVAL
 AND ANCILLARY FEES. ANCILLARY FEES FOR COLONOSCOPIES SHALL INCLUDE,  BUT
 NOT  BE  LIMITED TO, AMBULATORY, SURGERY CENTER AND HOSPITAL FEES, ANES-
 THESIA AND PATHOLOGY COSTS AND POLYP EXAMINATION AND BIOPSY. SUCH COVER-
 AGE SHALL NOT BE REQUIRED FOR FECAL IMMUNOCHEMICAL TESTING. SUCH  COVER-
 AGE SHALL NOT BE SUBJECT TO DEDUCTIBLES, COINSURANCE OR COPAYMENTS.
   §  6.  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.