Senate Bill S4768A

2019-2020 Legislative Session

Requires health insurance policies to cover comprehensive genetic screening for ovarian and prostate cancers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to insurance
May 02, 2019	print number 4768a
May 02, 2019	amend (t) and recommit to insurance
Mar 25, 2019	referred to insurance

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S4768 - Details

See Assembly Version of this Bill:: A5727
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A291
2017-2018: A1807
2021-2022: S105, A425
2023-2024: S927, A738, A9075
2025-2026: A6475

2019-S4768 - Summary

Requires health insurance policies to cover comprehensive genetic screening for ovarian and prostate cancers.

2019-S4768 - Sponsor Memo

                                
 
BILL NUMBER: S4768

SPONSOR: PERSAUD
 
TITLE OF BILL:  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

 
PURPOSE:

To require insurance companies to cover the costs of comprehensive
genetic screening for breast, ovarian, prostate, colon and lung cancers.

 
SUMMARY OF PROVISIONS:

Section I states that this act shall be cited as the "Ana Lucia Act."

Section II amends paragraph 11 of subsection (i) of section 3216 of the
insurance law by adding a new subparagraph (F) (i) to provide additional
full coverage for the comprehensive genetic testing for breast cancer
only if recommended by a board-certified geneticist or a board-certified

genetic counselor and (ii) which states that 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.

Section III amends paragraph 11-a of subsection (1) of section 3216 of
the insurance law by adding a new subparagraph (C) to provide additional
full coverage for the comprehensive 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.

Section IV amends paragraph 11 of subsection (1) of section 3221 of the
insurance law by adding a new subparagraph (F) to provide additional
full coverage for the 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.

Section V amends paragraph 11-a of subsection (1) of section 3221 of the
insurance law by adding a new subparagraph (C) to provide additional
full coverage for the comprehensive 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.

Section VI amends subsection (p) of section 4303 of the insurance law by
adding a new paragraph 5 to provide additional full coverage for the
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.


Section VIII amends subsection (z-1) of section 4303 of the insurance
law by adding a new paragraph 5 to provide additional full coverage for
the comprehensive genetic testing for prostatic cancer only if recom-
mended 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.

Section VIII amends subsection (1) of section 3216 of the insurance law
by adding 11-b, 11-c and 11-d: Every policy that provides coverage for
hospital, surgical or medical care shall provide full coverage for
genetic screening for ovarian cancer, colon cancer and lung cancer only
if recommended by a board-certified geneticist or a board-certified
genetic counselor. Such additional coverage shall not be subject to
annual deductibles and coinsurance but shall be borne solely by the
insurer.

Section IX amends subsection (1) of section 3221 of the insurance law by
adding three new paragraphs 11-b, 11-c, 11-d: Every insurer delivering a
group or blanket policy or issuing a group or blanket policy for deliv-
ery in this state that provides coverage for hospital, surgical or
medical care shall provide coverage of genetic screening for ovarian
cancer, colon cancer, and lung cancer.

Section X amends section 4303 of the insurance law by adding three new
subsections (p-1), (p-2) and (p-3): A medical expense indemnity corpo-
ration, a hospital service corporation or a health service corporation
that provides coverage for genetic screening for ovarian cancer, colon
cancer and lung cancer.

Section XI sets forth the effective date.

 
JUSTIFICATION:

This legislation would help prevent insurance companies from discrimi-
nating against people who have high pre-dispositions to cancer.  It
would mandate that insurance companies cover the costs of genetic test-
ing and cancer screening, which could lead to early detection, and in
some cases prevention of the most common and life-threatening cancers:
breast, prostate, ovarian, colon and lung cancers. According to the
American Cancer Society, in 2009, approximately 192,370 women were diag-
nosed with breast cancer in the United States and 40,170 lost their
battle with breast cancer. In 2009, there were an estimated 21,550 new
cases of ovarian cancer in women and approximately 14,600 women died as
a result of this disease.

There are many uncontrollable factors that contribute to the likelihood
of developing various cancers, such as age, race, ethnicity, family
history and reproductive history. These characteristics cannot be modi-
fied and therefore are important tools in detecting these signs early,
which include genetic screenings that could lead to early detection and
in most cases successful treatment options. This bill would require
insurance companies to include comprehensive genetic screenings in their
policies and save many lives by detecting and treating cancer early.


A new study, published by the University of Kentucky, found a positive
connection between increased rates of colon cancer screenings and rates
of death from colon cancer. Following the expansion of Medicaid in
Kentucky in 2014, the rate of colon cancer screenings performed went up
by 230%. Correspondingly, there was a 27% decrease in the risk of death
from the disease statewide. It is clear that when people are screened
for cancer, lives can be saved.

 
LEGISLATIVE HISTORY:
2019:Senate(New Bill)
2018:A01807(Rozic)-Insurance
2017:A01807(Rozic)-Insurance
2016:A00291(Rozic)-Insurance
2015:A00291(Rozic)-Insurance
2014:A08772(Rozic)-Insurance
2013:A03761(Espinal)- Insurance

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2019-S4768 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4768
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sens. PERSAUD, KRUEGER -- 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  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:
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01111-01-9

 S. 4768                             2
 
   (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
 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.

 S. 4768                             3
 
   (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.

co-Sponsors

2019-S4768A (ACTIVE) - Details

See Assembly Version of this Bill:: A5727
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A291
2017-2018: A1807
2021-2022: S105, A425
2023-2024: S927, A738, A9075
2025-2026: A6475

2019-S4768A (ACTIVE) - Summary

Requires health insurance policies to cover comprehensive genetic screening for ovarian and prostate cancers.

2019-S4768A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4768A

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the insurance law, in relation to
requiring health insurance policies to fully cover comprehensive genetic
testing for ovarian and prostate cancers in certain cases

 
PURPOSE:

To require insurance companies to cover the costs of comprehensive
genetic screening for breast, ovarian, prostate, colon and lung cancers.

 
SUMMARY OF PROVISIONS:

Section I states that this act shall be cited as the "Ana Lucia Act."

Section II amends paragraph 11 of subsection (i) of section 3216 of the
insurance law by adding a new subparagraph (F) (i) to provide additional
full coverage for the comprehensive genetic testing for breast cancer
only if recommended by a board-certified geneticist or a board-certified
genetic counselor and (ii) which states that 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.

Section III amends paragraph 11-a of subsection (1) of section 3216 of
the insurance law by adding a new subparagraph (C) to provide additional
full coverage for the comprehensive 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.

Section IV amends paragraph 11 of subsection (1) of section 3221 of the
insurance law by adding a new subparagraph (F) to provide additional
full coverage for the 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.

Section V amends paragraph 11-a of subsection (1) of section 3221 of the
insurance law by adding a new subparagraph (C) to provide additional
full coverage for the comprehensive 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.

Section VI amends subsection (p) of section 4303 of the insurance law by
adding a new paragraph 5 to provide additional full coverage for the
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.

Section VIII amends subsection (z-1) of section 4303 of the insurance
law by adding a new paragraph 5 to provide additional full coverage for
the comprehensive genetic testing for prostatic cancer only if recom-
mended 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.

Section VIII amends subsection (1) of section 3216 of the insurance law
by adding 11-b, 11-c and 11-d: Every policy that provides coverage for
hospital, surgical or medical care shall provide full coverage for
genetic screening for ovarian cancer, colon cancer and lung cancer only
if recommended by a board-certified geneticist or a board-certified
genetic counselor. Such additional coverage shall not be subject to
annual deductibles and coinsurance but shall be borne solely by the
insurer.

Section IX amends subsection (1) of section 3221 of the insurance law by
adding three new paragraphs 11-b, 11-c, 11-d: Every insurer delivering a
group or blanket policy or issuing a group or blanket policy for deliv-
ery in this state that provides coverage for hospital, surgical or
medical care shall provide coverage of genetic screening for ovarian
cancer, colon cancer, and lung cancer.

Section X amends section 4303 of the insurance law by adding three new
subsections (p-1), (p-2) and (p-3): A medical expense indemnity corpo-
ration, a hospital service corporation or a health service corporation
that provides coverage for genetic screening for ovarian cancer, colon
cancer and lung cancer.

Section XI sets forth the effective date.

 
JUSTIFICATION:

This legislation would help prevent insurance companies from discrimi-
nating against people who have high pre-dispositions to cancer.  It
would mandate that insurance companies cover the costs of genetic test-
ing and cancer screening, which could lead to early detection, and in
some cases prevention of the most common and life-threatening cancers:
breast, prostate, ovarian, colon and lung cancers.  According to the
American Cancer Society, in 2009, approximately 192,370 women were diag-
nosed with breast cancer in the United States and 40,170 lost their
battle with breast cancer. In 2009, there were an estimated 21,550 new
cases of ovarian cancer in women and approximately 14,600 women died as
a result of this disease.

There are many uncontrollable factors that contribute to the likelihood
of developing various cancers, such as age, race, ethnicity, family
history and reproductive history. These characteristics cannot be modi-
fied and therefore are important tools in detecting these signs early,
which include genetic screenings that could lead to early detection and
in most cases successful treatment options. This bill would require
insurance companies to include comprehensive genetic screenings in their
policies and save many lives by detecting and treating cancer early.

It is clear that when people are screened for cancer, lives can be
saved. For example, a new study published by the University of Kentucky
found a positive connection between increased rates of colon cancer
screenings and rates of death from colon cancer. Following the expansion
of Medicaid in Kentucky in 2014, the rate of colon cancer screenings
performed went up by 230%. Correspondingly, there was a 27% decrease in
the risk of death from the disease statewide.

 
LEGISLATIVE HISTORY:

2019: Senate (New Bill)
2018: A01807 (Rozic) - Insurance
2017: A01807 (Rozic) - Insurance
2016: A00291 (Rozic) - Insurance
2015: A00291 (Rozic) - Insurance
2014: A08772 (Rozic) - Insurance
2013: A03761 (Espinal) - Insurance

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2019-S4768A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4768--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sens. PERSAUD, KRUEGER, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Insur-
   ance  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the insurance  law,  in  relation  to  requiring  health
   insurance  policies  to  fully cover comprehensive genetic testing for
   ovarian and prostate 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-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
 DOCTOR,  A BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUN-
 SELOR.
   (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 (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
 DOCTOR,  A BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUN-
 SELOR.
   (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. Subsection (z-1) of section 4303 of the insurance law is amended
 by adding a new paragraph 3 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01111-03-9

 S. 4768--A                          2
 
   (3)(A) SUCH POLICY SHALL PROVIDE ADDITIONAL FULL COVERAGE FOR  COMPRE-
 HENSIVE  GENETIC  TESTING  FOR PROSTATIC CANCER ONLY IF RECOMMENDED BY A
 DOCTOR, A BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC  COUN-
 SELOR.
   (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.
   § 5. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 11-b 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 DOCTOR, A BOARD-CERTIFIED GENET-
 ICIST 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.
   § 6. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 11-b 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
 COVERAGE  FOR  HOSPITAL,  SURGICAL  OR  MEDICAL  CARE SHALL PROVIDE FULL
 COVERAGE OR GENETIC SCREENING FOR OVARIAN CANCER ONLY IF RECOMMENDED  BY
 A  DOCTOR,  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.
   §  7.  Section  4303  of  the insurance law is amended by adding a new
 subsection (p-1) 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 DOCTOR, A
 BOARD-CERTIFIED 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.
   §  8.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S4768A

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Sponsored By

Roxanne J. Persaud

Archive: Last Bill Status - In Senate Committee Insurance Committee

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Liz Krueger

Julia Salazar

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Andrew Gounardes

Liz Krueger

Julia Salazar

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