S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5728
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2019
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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  providing  health
   insurance  coverage  for  scalp  cooling  for the preservation of hair
   during cancer chemotherapy treatment

   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 12-b to read as follows:
   (12-B) (A) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
 THAT PROVIDES MEDICAL,  MAJOR  MEDICAL,  OR  SIMILAR  COMPREHENSIVE-TYPE
 COVERAGE  AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND ALSO PROVIDES
 COVERAGE FOR CANCER CHEMOTHERAPY TREATMENT SHALL  PROVIDE  COVERAGE  FOR
 SCALP  COOLING.  SUCH COVERAGE MAY BE SUBJECT TO CO-PAYS, COINSURANCE OR
 DEDUCTIBLES, PROVIDED THAT THE CO-PAYS, COINSURANCE OR  DEDUCTIBLES  ARE
 AT  LEAST  AS  FAVORABLE  TO  AN  INSURED AS THE CO-PAYS, COINSURANCE OR
 DEDUCTIBLES THAT APPLY TO COVERAGE FOR INTRAVENOUS OR INJECTED  ANTICAN-
 CER MEDICATIONS.
   (B)  FOR  THE  PURPOSES  OF  THIS PARAGRAPH, "SCALP COOLING" MEANS ANY
 COOLING CAP, HYPOTHERMIA CAP, COLD CAP OR ANY OTHER  DEVICE  USED  AS  A
 THERAPEUTIC  DEVICE  TO  COOL  THE HUMAN SCALP TO PREVENT OR REDUCE HAIR
 LOSS DURING CHEMOTHERAPY.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 12-b to read as follows:
   (12-B) (A) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
 THAT PROVIDES MEDICAL,  MAJOR  MEDICAL,  OR  SIMILAR  COMPREHENSIVE-TYPE
 COVERAGE  AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND ALSO PROVIDES
 COVERAGE FOR CANCER CHEMOTHERAPY TREATMENT SHALL  PROVIDE  COVERAGE  FOR
 SCALP  COOLING.  SUCH COVERAGE MAY BE SUBJECT TO CO-PAYS, COINSURANCE OR
 DEDUCTIBLES, PROVIDED THAT THE CO-PAYS, COINSURANCE OR  DEDUCTIBLES  ARE
 AT  LEAST  AS  FAVORABLE  TO  AN  INSURED AS THE CO-PAYS, COINSURANCE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02151-01-9

 S. 5728                             2
 
 DEDUCTIBLES THAT APPLY TO COVERAGE FOR INTRAVENOUS OR INJECTED  ANTICAN-
 CER MEDICATIONS.
   (B)  FOR  THE  PURPOSES  OF  THIS PARAGRAPH, "SCALP COOLING" MEANS ANY
 COOLING CAP, HYPOTHERMIA CAP, COLD CAP OR ANY OTHER  DEVICE  USED  AS  A
 THERAPEUTIC  DEVICE  TO  COOL  THE HUMAN SCALP TO PREVENT OR REDUCE HAIR
 LOSS DURING CHEMOTHERAPY.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (q-2) to read as follows:
   (Q-2)  (1) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
 THAT PROVIDES MEDICAL,  MAJOR  MEDICAL,  OR  SIMILAR  COMPREHENSIVE-TYPE
 COVERAGE  AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND ALSO PROVIDES
 COVERAGE FOR CANCER CHEMOTHERAPY TREATMENT SHALL  PROVIDE  COVERAGE  FOR
 SCALP  COOLING.  SUCH COVERAGE MAY BE SUBJECT TO CO-PAYS, COINSURANCE OR
 DEDUCTIBLES, PROVIDED THAT THE CO-PAYS, COINSURANCE OR  DEDUCTIBLES  ARE
 AT  LEAST  AS  FAVORABLE  TO  AN  INSURED AS THE CO-PAYS, COINSURANCE OR
 DEDUCTIBLES THAT APPLY TO COVERAGE FOR INTRAVENOUS OR INJECTED  ANTICAN-
 CER MEDICATIONS.
   (2)  FOR  THE  PURPOSES  OF THIS SUBSECTION, "SCALP COOLING" MEANS ANY
 COOLING CAP, HYPOTHERMIA CAP, COLD CAP OR ANY OTHER  DEVICE  USED  AS  A
 THERAPEUTIC  DEVICE  TO  COOL  THE HUMAN SCALP TO PREVENT OR REDUCE HAIR
 LOSS DURING CHEMOTHERAPY.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.