NY State Senate Bill 2019-S9061

Archive: Last Bill Status - In Senate Committee Rules Committee

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2020	referred to rules

2019-S9061 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3942
2023-2024: S6428, S9431
2025-2026: S6749

2019-S9061 (ACTIVE) - Summary

Requires insurance coverage of comprehensive annual medical examinations for firefighters due to their increased risk for cancer and cancer-related diseases.

2019-S9061 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9061

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the insurance law, in relation to insurance coverage of
comprehensive annual medical examinations for firefighters

 
PURPOSE:

This legislation amends the insurance law to mandate that insurance
policies for firefighters include a number of screenings and early
detection tests due to their increased risk for cancer and cancer-relat-
ed disease.

 
SUMMARY OF SPECIFIC PROVISIONS:

The legislation would amend subsection (1) of section 3216 of the insur-
ance law, subsection (1) of section 3221 of the insurance law, and
section 4303 of the insurance law to require that every policy that
provides medical, major medical, or similar comprehensive coverage for

firefighters includes:

1. Detailed Symptom Health History: headaches, skin rashes, intestinal
or respiratory symptoms, weakness, and cognitive dysfunction.

2. Physical Exam: a complete hand-on head-to-toe physical should be
performed. The main systems that should be reviewed are cardiovascular,
skin, thyroid, mouth, pulmonary, intestinal, breast, testes, urinary,
lymph nodes, neurological, and musculoskeletal.

3. Vital signs and body measures: blood pressure, oxygen saturation

(pOx), heart and respiratory rate, weight, height, body fat percentage
should be tested and recorded.

4. Laboratory assessments including:

  a. Blood tests- CMP, CBC with differential, lipid panel, TSH, hCRP,
and HbA I c.

  b. Urinalysis for pH, glucose, ketones, protein, blood, and bilirubin,
and microscopic assessment for WBC, RBC, WBC casts, RBC casts, and crys-
tals.

  c. Serum and urine immunofixation

  d. Urinalysis and CMP to detect early changes in kidney and bladder
function.

  e. Spirometry provides a baseline and annual pulmonary function test-
ing.

5. Cancer Screenings including: digital rectal exam for men with pros-
tate-specific antigen (PSA); cervical exam with PAP and breast exam for
women; FIT testing.

6. Colonoscopy at 45 years or earlier depending on family history.

7. Mammogram at 40 or earlier depending on family history.

8. Low Dose CT: depending on age, smoking history, FEV1. family history
of lung cancer, obstructive lung disease, history of pneumonia.

9. Chest x-ray every 5 years.

10. Stress EKG with VO2 value calculated.

11. Any additional illnesses as determined necessary by the Commissioner
of Health

Section four establishes the effective date.

 
JUSTIFICATION:

This bill would require that insurance policies for firefighters include
a number of screenings and early detection tests due to their increased
risk for cancer and cancer-related disease. It is known that firefight-
ers face unique occupational health risks in the line of duty. Years of
research has shown that the health risks for firefighters are multifac-
torial and include exposures from several aspects of their work environ-
ment. Firefighters are not only at higher risk for cancers but also
cardiac-related death and coronary artery disease.

Chronic exposures to heat, smoke, and toxic flame retardants through
inhalation, ingestion, and skin absorption put firefighters at risk for
many cancers. The National Institute for Occupational Safety and Health
(NIOSH) performed a multi-year study of nearly 30,000 firefighters to
better understand the potential link between firefighting and cancer.
Exposure to aerosolized chemicals like benzene, asbestos, polycyclic
aromatic hydrocarbons (PAH), formaldehyde, diesel exhaust, and new
building materials with undefined chemicals creates special risks. The
firefighters studied showed higher rates of certain types of cancer than
the general U.S.  population.

In a study conducted by Roswell Park Comprehensive Cancer Center in
Buffalo, in coordination with 100 firefighter participants from 2 fire-
houses, the research found that even in fires with low smoke intensity,
firefighters were just as exposed to appreciable levels of toxic materi-
als. Exposure included carbon monoxide, benzene, aldehydes, and hydrogen
cyanide. Exposure to these chemicals and/or any number of carcinogenic
substances put firefighters at elevated risk for diseases less common
among other professions. This legislation would mandate insurance compa-
nies to pay for a wide variety of screenings and tests at these younger
ages for firefighters due to their increased risks. This legislation
will save the lives of firefighters throughout New York State.

 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take immediately.

2019-S9061 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9061
 
                             I N  S E N A T E
 
                             October 23, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the insurance law, in relation to insurance coverage  of
   comprehensive annual medical examinations for firefighters
 
   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 36 to read as follows:
   (36)(A) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
 COMPREHENSIVE-TYPE  COVERAGE  SHALL  PROVIDE  COVERAGE FOR COMPREHENSIVE
 ANNUAL MEDICAL EXAMS FOR INSURED INDIVIDUALS WHO ARE FIREFIGHTERS.  SUCH
 COMPREHENSIVE ANNUAL MEDICAL EXAM COVERAGE SHALL INCLUDE:
   (I)  A DETAILED SYMPTOM HEALTH HISTORY INCLUDING HEADACHES, SKIN RASH-
 ES, INTESTINAL OR RESPIRATORY SYMPTOMS, WEAKNESS, AND COGNITIVE DYSFUNC-
 TION;
   (II) AN  IN  PERSON  PHYSICAL  EXAM  INCLUDING  CARDIOVASCULAR,  SKIN,
 THYROID,  MOUTH,  PULMONARY, INTESTINAL, URINARY, LYMPH NODE, NEUROLOGI-
 CAL, MUSCULOSKELETAL, BREAST AND TESTES, AS APPLICABLE, EXAMINATION;
   (III) VITAL SIGNS AND BODY  MEASURES  TESTED  AND  RECORDED  INCLUDING
 BLOOD  PRESSURE,  OXYGEN SATURATION, HEART AND RESPIRATORY RATE, WEIGHT,
 HEIGHT AND BODY FAT PERCENTAGE;
   (IV) LABORATORY ASSESSMENTS INCLUDING:
   A. COMPREHENSIVE METABOLIC PANEL, COMPLETE BLOOD COUNT WITH  DIFFEREN-
 TIAL, LIPID PANEL, THYROID STIMULATING HORMONE, HIGH-SENSITIVITY C-REAC-
 TIVE PROTEIN, AND HEMOGLOBIN A1C BLOOD TESTS; AND
   B.  URINALYSIS FOR PH, GLUCOSE, KETONES, PROTEIN, BLOOD AND BILIRUBIN,
 AND MICROSCOPIC ASSESSMENT FOR WHITE BLOOD CELLS, RED BLOOD CELLS, WHITE
 BLOOD CELL CASTS, RED BLOOD CELL CASTS, AND CRYSTALS;
   (V) SPIROMETRY;
   (VI) CANCER SCREENING, INCLUDING, DIGITAL RECTAL EXAM FOR  INDIVIDUALS
 WITH  PROSTATE-SPECIFIC  ANTIGEN,  CERVICAL  EXAM  WITH PAP TEST, BREAST
 EXAM, RESPIRATOR FIT TEST, COLONOSCOPIES BEGINNING AT  FORTY-FIVE  YEARS
 OF  AGE  OR EARLIER DEPENDING ON FAMILY HISTORY, MAMMOGRAMS BEGINNING AT
 AGE FORTY OR EARLIER DEPENDING ON FAMILY HISTORY, AND LOW DOSE  COMPUTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16197-02-0

 S. 9061                             2
 
 TOMOGRAPHY  DEPENDING  ON AGE, SMOKING HISTORY, FORCED EXPIRATORY VOLUME
 (FEV1), FAMILY HISTORY OF LUNG  CANCER,  OBSTRUCTIVE  LUNG  DISEASE  AND
 HISTORY OF PNEUMONIA; AND
   (VII)  A  STRESS  ELECTROCARDIOGRAM  WITH MAXIMAL OXYGEN UPTAKE CALCU-
 LATED.
   (B) NOTWITHSTANDING THE REQUIREMENTS FOR COMPREHENSIVE ANNUAL  MEDICAL
 EXAM  COVERAGE  PURSUANT  TO  SUBPARAGRAPH  (A)  OF THIS PARAGRAPH, SUCH
 COVERAGE SHALL ADDITIONALLY INCLUDE A CHEST X-RAY EVERY FIVE  YEARS  AND
 ANY  ADDITIONAL  TESTING  DETERMINED  NECESSARY  BY  THE COMMISSIONER OF
 HEALTH.
   (C) AN INSURED SHALL IDENTIFY HIS OR HER PROFESSION AS  A  FIREFIGHTER
 AND  YEARS  OF  SERVICE  TO HIS OR HER PRIMARY CARE PHYSICIAN TO RECEIVE
 SUCH COMPREHENSIVE ANNUAL MEDICAL EXAMINATION  PURSUANT  TO  THIS  PARA-
 GRAPH.
   (D)  AS  USED  IN  THIS PARAGRAPH THE TERM "FIREFIGHTER" MEANS (I) ANY
 FIREFIGHTER REGULARLY EMPLOYED BY A FIRE DEPARTMENT OF ANY  MUNICIPALITY
 IN  THE  STATE AND (II) ANY VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVI-
 SION ONE OF SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
   § 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 POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
 COMPREHENSIVE-TYPE COVERAGE SHALL  PROVIDE  COVERAGE  FOR  COMPREHENSIVE
 ANNUAL  MEDICAL EXAMS FOR INSURED INDIVIDUALS WHO ARE FIREFIGHTERS. SUCH
 COMPREHENSIVE ANNUAL MEDICAL EXAM COVERAGE SHALL INCLUDE:
   (I) A DETAILED SYMPTOM HEALTH HISTORY INCLUDING HEADACHES, SKIN  RASH-
 ES, INTESTINAL OR RESPIRATORY SYMPTOMS, WEAKNESS, AND COGNITIVE DYSFUNC-
 TION;
   (II)  AN  IN  PERSON  PHYSICAL  EXAM  INCLUDING  CARDIOVASCULAR, SKIN,
 THYROID, MOUTH, PULMONARY, INTESTINAL, URINARY, LYMPH  NODE,  NEUROLOGI-
 CAL, MUSCULOSKELETAL, BREAST AND TESTES, AS APPLICABLE, EXAMINATION;
   (III)  VITAL  SIGNS  AND  BODY  MEASURES TESTED AND RECORDED INCLUDING
 BLOOD PRESSURE, OXYGEN SATURATION, HEART AND RESPIRATORY  RATE,  WEIGHT,
 HEIGHT AND BODY FAT PERCENTAGE;
   (IV) LABORATORY ASSESSMENTS INCLUDING:
   A.  COMPREHENSIVE METABOLIC PANEL, COMPLETE BLOOD COUNT WITH DIFFEREN-
 TIAL, LIPID PANEL, THYROID STIMULATING HORMONE, HIGH-SENSITIVITY C-REAC-
 TIVE PROTEIN, AND HEMOGLOBIN A1C BLOOD TESTS; AND
   B. URINALYSIS FOR PH, GLUCOSE, KETONES, PROTEIN, BLOOD AND  BILIRUBIN,
 AND MICROSCOPIC ASSESSMENT FOR WHITE BLOOD CELLS, RED BLOOD CELLS, WHITE
 BLOOD CELL CASTS, RED BLOOD CELL CASTS, AND CRYSTALS;
   (V) SPIROMETRY;
   (VI)  CANCER SCREENING, INCLUDING, DIGITAL RECTAL EXAM FOR INDIVIDUALS
 WITH PROSTATE-SPECIFIC ANTIGEN, CERVICAL  EXAM  WITH  PAP  TEST,  BREAST
 EXAM,  RESPIRATOR  FIT TEST, COLONOSCOPIES BEGINNING AT FORTY-FIVE YEARS
 OF AGE OR EARLIER DEPENDING ON FAMILY HISTORY, MAMMOGRAMS  BEGINNING  AT
 AGE  FORTY OR EARLIER DEPENDING ON FAMILY HISTORY, AND LOW DOSE COMPUTED
 TOMOGRAPHY DEPENDING ON AGE, SMOKING HISTORY, FORCED  EXPIRATORY  VOLUME
 (FEV1),  FAMILY  HISTORY  OF  LUNG  CANCER, OBSTRUCTIVE LUNG DISEASE AND
 HISTORY OF PNEUMONIA; AND
   (VII) A STRESS ELECTROCARDIOGRAM WITH  MAXIMAL  OXYGEN  UPTAKE  CALCU-
 LATED.
   (B)  NOTWITHSTANDING THE REQUIREMENTS FOR COMPREHENSIVE ANNUAL MEDICAL
 EXAM COVERAGE PURSUANT TO  SUBPARAGRAPH  (A)  OF  THIS  PARAGRAPH,  SUCH
 COVERAGE  SHALL  ADDITIONALLY INCLUDE A CHEST X-RAY EVERY FIVE YEARS AND
 ANY ADDITIONAL TESTING  DETERMINED  NECESSARY  BY  THE  COMMISSIONER  OF
 HEALTH.

 S. 9061                             3
 
   (C)  AN  INSURED SHALL IDENTIFY HIS OR HER PROFESSION AS A FIREFIGHTER
 AND YEARS OF SERVICE TO HIS OR HER PRIMARY  CARE  PHYSICIAN  TO  RECEIVE
 SUCH  COMPREHENSIVE  ANNUAL  MEDICAL  EXAMINATION PURSUANT TO THIS PARA-
 GRAPH.
   (D)  AS  USED  IN  THIS PARAGRAPH THE TERM "FIREFIGHTER" MEANS (I) ANY
 FIREFIGHTER REGULARLY EMPLOYED BY A FIRE DEPARTMENT OF ANY  MUNICIPALITY
 IN  THE  STATE AND (II) ANY VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVI-
 SION ONE OF SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (l-2) to read as follows:
   (L-2)(A)  EVERY  CONTRACT  WHICH  PROVIDES  MEDICAL, MAJOR MEDICAL, OR
 SIMILAR COMPREHENSIVE-TYPE COVERAGE SHALL PROVIDE COVERAGE  FOR  COMPRE-
 HENSIVE  ANNUAL MEDICAL EXAMS FOR INSURED INDIVIDUALS WHO ARE FIREFIGHT-
 ERS. SUCH COMPREHENSIVE ANNUAL MEDICAL EXAM COVERAGE SHALL INCLUDE:
   (I) A DETAILED SYMPTOM HEALTH HISTORY INCLUDING HEADACHES, SKIN  RASH-
 ES, INTESTINAL OR RESPIRATORY SYMPTOMS, WEAKNESS, AND COGNITIVE DYSFUNC-
 TION;
   (II)  AN  IN  PERSON  PHYSICAL  EXAM  INCLUDING  CARDIOVASCULAR, SKIN,
 THYROID, MOUTH, PULMONARY, INTESTINAL, URINARY, LYMPH  NODE,  NEUROLOGI-
 CAL, MUSCULOSKELETAL, BREAST AND TESTES, AS APPLICABLE, EXAMINATION;
   (III)  VITAL  SIGNS  AND  BODY  MEASURES TESTED AND RECORDED INCLUDING
 BLOOD PRESSURE, OXYGEN SATURATION, HEART AND RESPIRATORY  RATE,  WEIGHT,
 HEIGHT AND BODY FAT PERCENTAGE;
   (IV) LABORATORY ASSESSMENTS INCLUDING:
   A.  COMPREHENSIVE METABOLIC PANEL, COMPLETE BLOOD COUNT WITH DIFFEREN-
 TIAL, LIPID PANEL, THYROID STIMULATING HORMONE, HIGH-SENSITIVITY C-REAC-
 TIVE PROTEIN, AND HEMOGLOBIN A1C BLOOD TESTS; AND
   B. URINALYSIS FOR PH, GLUCOSE, KETONES, PROTEIN, BLOOD AND  BILIRUBIN,
 AND MICROSCOPIC ASSESSMENT FOR WHITE BLOOD CELLS, RED BLOOD CELLS, WHITE
 BLOOD CELL CASTS, RED BLOOD CELL CASTS, AND CRYSTALS;
   (V) SPIROMETRY;
   (VI)  CANCER SCREENING, INCLUDING, DIGITAL RECTAL EXAM FOR INDIVIDUALS
 WITH PROSTATE-SPECIFIC ANTIGEN, CERVICAL  EXAM  WITH  PAP  TEST,  BREAST
 EXAM,  RESPIRATOR  FIT TEST, COLONOSCOPIES BEGINNING AT FORTY-FIVE YEARS
 OF AGE OR EARLIER DEPENDING ON FAMILY HISTORY, MAMMOGRAMS  BEGINNING  AT
 AGE  FORTY OR EARLIER DEPENDING ON FAMILY HISTORY, AND LOW DOSE COMPUTED
 TOMOGRAPHY DEPENDING ON AGE, SMOKING HISTORY, FORCED  EXPIRATORY  VOLUME
 (FEV1),  FAMILY  HISTORY  OF  LUNG  CANCER, OBSTRUCTIVE LUNG DISEASE AND
 HISTORY OF PNEUMONIA; AND
   (VII) A STRESS ELECTROCARDIOGRAM WITH  MAXIMAL  OXYGEN  UPTAKE  CALCU-
 LATED.
   (B)  NOTWITHSTANDING THE REQUIREMENTS FOR COMPREHENSIVE ANNUAL MEDICAL
 EXAM COVERAGE PURSUANT TO PARAGRAPH (A) OF THIS SUBSECTION, SUCH  COVER-
 AGE  SHALL  ADDITIONALLY  INCLUDE A CHEST X-RAY EVERY FIVE YEARS AND ANY
 ADDITIONAL TESTING DETERMINED NECESSARY BY THE COMMISSIONER OF HEALTH.
   (C) AN INSURED SHALL IDENTIFY HIS OR HER PROFESSION AS  A  FIREFIGHTER
 AND  YEARS  OF  SERVICE  TO HIS OR HER PRIMARY CARE PHYSICIAN TO RECEIVE
 SUCH  COMPREHENSIVE  ANNUAL  MEDICAL  EXAMINATION   PURSUANT   TO   THIS
 SUBSECTION.
   (D)  AS  USED  IN THIS SUBSECTION THE TERM "FIREFIGHTER" MEANS (I) ANY
 FIREFIGHTER REGULARLY EMPLOYED BY A FIRE DEPARTMENT OF ANY  MUNICIPALITY
 IN  THE  STATE AND (II) ANY VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVI-
 SION ONE OF SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
   § 4. This act shall take effect immediately and shall apply  to  poli-
 cies  and contracts issued, renewed, modified, altered or amended on and
 after such date.

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Senate Bill S9061

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2019-S9061 (ACTIVE) - Details

2019-S9061 (ACTIVE) - Summary

2019-S9061 (ACTIVE) - Sponsor Memo

2019-S9061 (ACTIVE) - Bill Text download pdf

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2019-S9061 (ACTIVE) - Details

2019-S9061 (ACTIVE) - Summary

2019-S9061 (ACTIVE) - Sponsor Memo

2019-S9061 (ACTIVE) - Bill Text download pdf

Comments