S T A T E O F N E W Y O R K
________________________________________________________________________
141
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT -- read once and referred
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00432-01-1
A. 141 2
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.
§ 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.