S T A T E O F N E W Y O R K
________________________________________________________________________
3307
2019-2020 Regular Sessions
I N S E N A T E
February 5, 2019
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Introduced by Sen. LAVALLE -- 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 coverage of hysterec-
tomies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (i) of section 3216 of the insurance law is
amended by adding a new paragraph 35 to read as follows:
(35) (A) EVERY POLICY WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL
COVERAGE, OR SIMILAR COMPREHENSIVE TYPE COVERAGE, SHALL PROVIDE COVERAGE
FOR ALL COST FOR HYSTERECTOMIES. SUCH COVERAGE SHALL INCLUDE INPATIENT
HOSPITAL COVERAGE FOR A MINIMUM PERIOD OF SEVENTY-TWO HOURS AFTER
SURGERY.
(B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
(C) COVERAGE UNDER THIS PARAGRAPH SHALL NOT RESTRICT OR ELIMINATE
EXISTING COVERAGE PROVIDED BY THE POLICY AND NOTHING IN THIS PARAGRAPH
SHALL BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT OR
BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
§ 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 21 to read as follows:
(21) (A) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIV-
ERY IN THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE,
OR SIMILAR COMPREHENSIVE TYPE COVERAGE, SHALL PROVIDE COVERAGE FOR ALL
COST FOR HYSTERECTOMIES. SUCH COVERAGE SHALL INCLUDE INPATIENT HOSPITAL
COVERAGE FOR A MINIMUM PERIOD OF SEVENTY-TWO HOURS AFTER SURGERY.
(B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08038-01-9
S. 3307 2
(C) COVERAGE UNDER THIS PARAGRAPH SHALL NOT RESTRICT OR ELIMINATE
EXISTING COVERAGE PROVIDED BY THE POLICY AND NOTHING IN THIS PARAGRAPH
SHALL BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT OR
BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
§ 3. Section 4303 of the insurance law is amended by adding a new
subsection (ss) to read as follows:
(SS) 1. EVERY MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE
CORPORATION AND HEALTH SERVICE CORPORATION WHICH PROVIDES HOSPITAL,
SURGICAL OR MEDICAL COVERAGE, OR SIMILAR COMPREHENSIVE TYPE COVERAGE,
SHALL PROVIDE COVERAGE FOR ALL COST FOR HYSTERECTOMIES. SUCH COVERAGE
SHALL INCLUDE INPATIENT HOSPITAL COVERAGE FOR A MINIMUM PERIOD OF SEVEN-
TY-TWO HOURS AFTER SURGERY.
2. SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
3. COVERAGE UNDER THIS SUBSECTION SHALL NOT RESTRICT OR ELIMINATE
EXISTING COVERAGE PROVIDED BY THE POLICY AND NOTHING IN THIS SUBSECTION
SHALL BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT OR
BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to all policies entered into
or renewed on and after such effective date.