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.