S T A T E O F N E W Y O R K
________________________________________________________________________
425--A
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. ROZIC, ABINANTI, AUBRY, BRONSON, COLTON, COOK,
O'DONNELL, OTIS, SIMON, WEPRIN -- Multi-Sponsored by -- M. of A. BARN-
WELL, GUNTHER, PERRY, J. RIVERA -- read once and referred to the
Committee on Insurance -- recommitted to the Committee on Insurance in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the insurance law, in relation to requiring health
insurance policies to fully cover comprehensive genetic testing and
FDA approved biomarker testing for ovarian and prostate cancers
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 AND FDA APPROVED TESTING BASED ON FAMILY OR
PERSON'S HISTORY FOR PROSTATIC AND OVARIAN CANCER WHEN RECOMMENDED BY A
DOCTOR, A BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUN-
SELOR. SUCH COVERAGE SHALL ALSO BE PROVIDED AFTER THE PATIENT'S INITIAL
DIAGNOSIS. PATIENTS NEED TO KNOW IF THEY CARRY THE GENETIC OR INHERI-
TANCE MUTATION, WHICH CAN HELP TO DETERMINE POSSIBLE TREATMENTS. GENETIC
SCREENING SHALL BE COVERED FOR PROSTATE AND OVARIAN CANCER PATIENTS'
FAMILY MEMBERS. THE GENETIC RESULT SHALL NOT BE USED AGAINST FAMILY
MEMBERS THAT CARRY THE GENETIC OR INHERITANCE MUTATION FOR INSURANCE
COVERAGE PURPOSES.
(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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02824-03-1
A. 425--A 2
§ 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 AND FDA APPROVED TESTING BASED ON FAMILY OR
PERSON'S HISTORY FOR PROSTATIC AND OVARIAN CANCER WHEN RECOMMENDED BY A
DOCTOR, A BOARD-CERTIFIED GENETICIST OR A BOARD-CERTIFIED GENETIC COUN-
SELOR. SUCH COVERAGE SHALL ALSO BE PROVIDED AFTER THE PATIENT'S INITIAL
DIAGNOSIS. PATIENTS NEED TO KNOW IF THEY CARRY THE GENETIC OR INHERI-
TANCE MUTATION, WHICH CAN HELP TO DETERMINE POSSIBLE TREATMENTS. GENETIC
SCREENING SHALL BE COVERED FOR PROSTATE AND OVARIAN CANCER PATIENTS'
FAMILY MEMBERS. THE GENETIC RESULT SHALL NOT BE USED AGAINST FAMILY
MEMBERS THAT CARRY THE GENETIC OR INHERITANCE MUTATION FOR INSURANCE
COVERAGE PURPOSES.
(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:
(3)(A) SUCH POLICY SHALL PROVIDE ADDITIONAL FULL COVERAGE FOR COMPRE-
HENSIVE GENETIC TESTING AND FDA APPROVED TESTING BASED ON FAMILY OR
PERSON'S HISTORY FOR PROSTATIC AND OVARIAN CANCER WHEN 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. SUCH COVERAGE SHALL ALSO BE PROVIDED AFTER THE
PATIENT'S INITIAL DIAGNOSIS. PATIENTS NEED TO KNOW IF THEY CARRY THE
GENETIC OR INHERITANCE MUTATION, WHICH CAN HELP TO DETERMINE POSSIBLE
TREATMENTS. GENETIC SCREENING SHALL BE COVERED FOR PROSTATE AND OVARIAN
CANCER PATIENTS' FAMILY MEMBERS. THE GENETIC RESULT SHALL NOT BE USED
AGAINST FAMILY MEMBERS THAT CARRY THE GENETIC OR INHERITANCE MUTATION
FOR INSURANCE COVERAGE PURPOSES.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply to all policies, contracts and certif-
icates issued, renewed, modified, altered or amended on or after such
date.