NY State Senate Bill 2019-S8051

Senate Bill S8051

2019-2020 Legislative Session

Requires providers of health care policies to provide coverage for colorectal cancer early detection

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 13, 2020	referred to insurance

co-Sponsors

2019-S8051 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6941
2013-2014: S543
2015-2016: S756
2017-2018: S1836
2021-2022: S906

2019-S8051 (ACTIVE) - Summary

Requires providers of health care policies to provide coverage for colorectal cancer early detection for persons fifty years of age or older; requires the superintendent of financial services to provide notification to enrollees of such coverage via mail.

2019-S8051 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8051

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the insurance law, in relation to providing insurance
coverage for colorectal cancer early detection

 
PURPOSE:

This bill will require health insurance providers to cover the costs of
colon screening by colonoscopy in men and women age 50 and older.

 
SUMMARY OF PROVISIONS:

This bill amends paragraph 27 of subsection (i) of section 3216 of the
insurance law, as added by chapter 457 of the laws of 2010, is renum-
bered paragraph 34, paragraph 28 of subsection (i) of section 3216 of
the insurance law, as amended by chapter 11 of the laws of 2012, is
renumbered paragraph 35, paragraph 34 of subsection (i) of section 3216
of the insurance law as added by section 10 part MM of chapter 57 of the

laws of 2018, is renumbered paragraph 36 and a new paragraph 37 is added
to read as follows: (36) every policy issued or delivered in this state
shall provide coverage for colon cancer screening for persons fifty
years of age or older. Such coverage shall include, but not be limited
to, the costs of a colonoscopy or coloscopy.

 
JUSTIFICATION:

Colon cancer is the second leading cancer killer in America and is the
primary cancer killer among nonsmokers. Without preventative action, one
in every 17 Americans will be diagnosed with colon cancer.  However,
with colonoscopy screening, that risk is reduced to as low as one in 100
people, Studies have found that a colonoscopy can detect cancer in
patients without symptoms that would be missed by other screening meth-
ods. With such a preventative screening technique, cancer is detected
earlier and treatment is more likely to be effective.

 
PRIOR LEGISLATIVE HISTORY:

2017-18- A.344 - Referred to Insurance/S.1836 - Referred to Insurance

2015-16- A.102A - Referred to Insurance/S.756A - Referred to Insurance

2013-14- A.639- Referred to Insurance/S.543 - Referred to Insurance

2011-127 A.552- Referred to Insurance

2009-10- A.6140-6140- Referred to Insurance/S2380- Referred to Insurance

2007-08-A.3469-Referred to Insurance/S.3469 Referred to Insurance

2005-06-A.1889- Referred to Insurance/S.1886 Referred to Insurance

 
FISCAL IMPLICATIONS:

Any cost of enacting this legislation is far overshadowed by potential
lives and dollars saved by early detection and treatment of colon
cancer.
 
EFFECTIVE DATE:
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.

2019-S8051 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8051
 
                             I N  S E N A T E
 
                              March 13, 2020
                                ___________
 
 Introduced  by Sens. SANDERS, KENNEDY -- 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  insurance
   coverage for colorectal cancer early detection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph 27 of subsection  (i)  of  section  3216  of  the
 insurance  law,  as  added by chapter 457 of the laws of 2010, is renum-
 bered paragraph 36, paragraph 28 of subsection (i) of  section  3216  of
 the  insurance  law,  as  amended  by chapter 11 of the laws of 2012, is
 renumbered paragraph 37, paragraph 34 of subsection (i) of section  3216
 of the insurance law, as added by section 10 of part MM of chapter 57 of
 the  laws  of 2018, is renumbered paragraph 38 and a new paragraph 39 is
 added to read as follows:
   (39) (A) EVERY POLICY WHICH PROVIDES COVERAGE PURSUANT TO THIS SECTION
 SHALL PROVIDE COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER  PERSON  COVERED
 THEREUNDER  FOR  EXPENSES INCURRED IN CONDUCTING COLORECTAL CANCER EXAM-
 INATIONS AND LABORATORY TESTS AT REGULAR INTERVALS,  INCLUDING  EXPENSES
 INCURRED  IN  CONDUCTING  PHYSICIAN  CONSULTATIONS FOR COLORECTAL CANCER
 PRIOR TO SUCH EXAMINATIONS AND TESTS, FOR PERSONS FIFTY YEARS OF AGE  OR
 OLDER  AND  FOR PERSONS OF ANY AGE WHO ARE CONSIDERED TO BE AT HIGH RISK
 FOR COLORECTAL CANCER. THE METHODS OF SCREENING FOR WHICH BENEFITS SHALL
 BE PROVIDED SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) A SCREENING FECAL OCCULT BLOOD TEST;
   (II) FLEXIBLE SIGMOIDOSCOPY;
   (III) COLONOSCOPY;
   (IV) BARIUM ENEMA; OR
   (V) THE MOST RELIABLE, MEDICALLY RECOGNIZED SCREENING TEST  AVAILABLE;
 AND
   (VI) ANY COMBINATION THEREOF.
   THE  METHOD  AND  FREQUENCY  OF  SCREENING  TO BE UTILIZED SHALL BE IN
 ACCORD WITH THE MOST  RECENTLY  PUBLISHED  GUIDELINES  OF  THE  AMERICAN
 COLLEGE  OF GASTROENTEROLOGY OR THE AMERICAN GASTROENTEROLOGICAL ASSOCI-
 ATION IN CONSULTATION WITH THE AMERICAN CANCER SOCIETY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00642-02-0

 S. 8051                             2
 
   (B) AS USED IN THIS PARAGRAPH, "HIGH RISK FOR COLORECTAL CANCER" SHALL
 MEAN A PERSON HAS,
   (I)  A  FAMILY  HISTORY  OF FAMILIAL ADENOMATOUS POLYPOSIS; HEREDITARY
 NON-POLYPOSIS COLON CANCER; OR BREAST,  OVARIAN,  ENDOMETRIAL  OR  COLON
 CANCER OR POLYPS;
   (II) CHRONIC INFLAMMATORY BOWEL DISEASE; OR
   (III) A BACKGROUND, ETHNICITY OR LIFESTYLE THAT THE PHYSICIAN BELIEVES
 PUTS THE PERSON AT ELEVATED RISK FOR COLORECTAL CANCER.
   § 2. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) (A) EVERY POLICY WHICH PROVIDES COVERAGE PURSUANT TO THIS SECTION
 SHALL  PROVIDE  COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER PERSON COVERED
 THEREUNDER FOR EXPENSES INCURRED IN CONDUCTING COLORECTAL  CANCER  EXAM-
 INATIONS  AND  LABORATORY TESTS AT REGULAR INTERVALS, INCLUDING EXPENSES
 INCURRED IN CONDUCTING PHYSICIAN  CONSULTATIONS  FOR  COLORECTAL  CANCER
 PRIOR  TO SUCH EXAMINATIONS AND TESTS, FOR PERSONS FIFTY YEARS OF AGE OR
 OLDER AND FOR PERSONS OF ANY AGE WHO ARE CONSIDERED TO BE AT  HIGH  RISK
 FOR COLORECTAL CANCER. THE METHODS OF SCREENING FOR WHICH BENEFITS SHALL
 BE PROVIDED SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) A SCREENING FECAL OCCULT BLOOD TEST;
   (II) FLEXIBLE SIGMOIDOSCOPY;
   (III) COLONOSCOPY;
   (IV) BARIUM ENEMA; OR
   (V)  THE MOST RELIABLE, MEDICALLY RECOGNIZED SCREENING TEST AVAILABLE;
 AND
   (VI) ANY COMBINATION THEREOF.
   THE METHOD AND FREQUENCY OF SCREENING  TO  BE  UTILIZED  SHALL  BE  IN
 ACCORD  WITH  THE  MOST  RECENTLY  PUBLISHED  GUIDELINES OF THE AMERICAN
 COLLEGE OF GASTROENTEROLOGY OR THE AMERICAN GASTROENTEROLOGICAL  ASSOCI-
 ATION IN CONSULTATION WITH THE AMERICAN CANCER SOCIETY.
   (B) AS USED IN THIS PARAGRAPH, "HIGH RISK FOR COLORECTAL CANCER" SHALL
 MEAN A PERSON HAS,
   (I)  A  FAMILY  HISTORY  OF FAMILIAL ADENOMATOUS POLYPOSIS; HEREDITARY
 NON-POLYPOSIS COLON CANCER; OR BREAST,  OVARIAN,  ENDOMETRIAL  OR  COLON
 CANCER OR POLYPS;
   (II) CHRONIC INFLAMMATORY BOWEL DISEASE; OR
   (III) A BACKGROUND, ETHNICITY OR LIFESTYLE THAT THE PHYSICIAN BELIEVES
 PUTS THE PERSON AT ELEVATED RISK FOR COLORECTAL CANCER.
   § 3. Subsection (a) of section 4303 of the insurance law is amended by
 adding a new paragraph 4 to read as follows:
   (4) TO PERSONS FIFTY YEARS OF AGE OR OLDER FOR SERVICES RELATED TO THE
 CONDUCTING  OF  COLORECTAL  CANCER  EXAMINATIONS AND LABORATORY TESTS AT
 REGULAR INTERVALS, INCLUDING EXPENSES INCURRED IN  CONDUCTING  PHYSICIAN
 CONSULTATIONS  FOR  COLORECTAL  CANCER  PRIOR  TO  SUCH EXAMINATIONS AND
 TESTS, INCLUDING BUT NOT LIMITED TO, COLONOSCOPIES, COLOSCOPIES, SCREEN-
 ING FECAL OCCULT BLOOD TESTS, FLEXIBLE SIGMOIDOSCOPIES OR BARIUM ENEMAS.
   § 4. The superintendent of financial services shall require an  insur-
 er,  health  carrier or health benefit plan to notify enrollees annually
 of colorectal cancer screenings covered by such enrollees' health  bene-
 fit  plan  and  the  most  recently published guidelines of the American
 College of Gastroenterology or the American Gastroenterological  Associ-
 ation  in  consultation  with the American Cancer Society for colorectal
 cancer screenings or notify enrollees at intervals consistent  with  the
 most  recently published guidelines of the American College of Gastroen-
 terology or the American Gastroenterological Association in consultation
 with the American Cancer Society of colorectal cancer  screenings  which

 S. 8051                             3
 
 are  covered  by such enrollees' health benefit plans.  The notice shall
 be delivered by mail unless the enrollee and health carrier have  agreed
 on  another  method  of  notification.  The  superintendent of financial
 services is authorized to promulgate necessary rules and regulations for
 the purposes of providing such notification.
   §  5.  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.

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Senate Bill S8051

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Sponsored By

James Sanders Jr.