Assembly Bill A5496

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5496
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance law, in relation to insurance coverage for
   standard fertility preservation  services  made  necessary  by  cancer
   treatment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 13 of subsection  (i)  of  section  3216  of  the
 insurance  law  is  amended  by adding a new subparagraph (D) to read as
 follows:
   (D) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS  STATE  THAT
 PROVIDES  COVERAGE  FOR HOSPITAL, SURGICAL OR MEDICAL CARE SHALL PROVIDE
 COVERAGE FOR STANDARD FERTILITY PRESERVATION SERVICES WHEN  A  NECESSARY
 CANCER TREATMENT MAY DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY
 TO  A  COVERED  PERSON.    COVERAGE UNDER THIS SUBPARAGRAPH SHALL NOT BE
 SUBJECT TO ANY RESTRICTIONS BASED UPON THE AGE OF  THE  COVERED  PERSON.
 FOR THE PURPOSES OF THIS SUBPARAGRAPH, "IATROGENIC INFERTILITY" MEANS AN
 IMPAIRMENT  OF  FERTILITY  BY  SURGERY, RADIATION, CHEMOTHERAPY OR OTHER
 CANCER TREATMENT AFFECTING REPRODUCTIVE ORGANS OR PROCESSES.
   § 2. Paragraph 6 of subsection (k) of section 3221  of  the  insurance
 law is amended by adding a new subparagraph (E) to read as follows:
   (E)  EVERY GROUP POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
 THAT PROVIDES HOSPITAL,  SURGICAL  OR  MEDICAL  COVERAGE  SHALL  PROVIDE
 COVERAGE  FOR  STANDARD FERTILITY PRESERVATION SERVICES WHEN A NECESSARY
 CANCER TREATMENT MAY DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY
 TO A COVERED PERSON.   COVERAGE UNDER THIS  SUBPARAGRAPH  SHALL  NOT  BE
 SUBJECT  TO  ANY  RESTRICTIONS BASED UPON THE AGE OF THE COVERED PERSON.
 FOR THE PURPOSES OF THIS SUBPARAGRAPH, "IATROGENIC INFERTILITY" MEANS AN
 IMPAIRMENT OF FERTILITY BY SURGERY,  RADIATION,  CHEMOTHERAPY  OR  OTHER
 CANCER TREATMENT AFFECTING REPRODUCTIVE ORGANS OR PROCESSES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09488-01-1
              

 A. 5496                             2
 
   §  3.  Subsection (s) of section 4303 of the insurance law, as amended
 by section 2 of part K of chapter 82 of the laws of 2002, is amended  by
 adding a new paragraph 5 to read as follows:
   (5)  EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
 HOSPITAL SERVICE CORPORATION OR HEALTH SERVICE CORPORATION FOR  DELIVERY
 IN THIS STATE THAT PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
 PROVIDE  COVERAGE  FOR  STANDARD  FERTILITY PRESERVATION SERVICES WHEN A
 NECESSARY CANCER TREATMENT MAY DIRECTLY OR INDIRECTLY  CAUSE  IATROGENIC
 INFERTILITY  TO  A COVERED PERSON.   COVERAGE UNDER THIS PARAGRAPH SHALL
 NOT BE SUBJECT TO ANY RESTRICTIONS BASED UPON THE  AGE  OF  THE  COVERED
 PERSON.    FOR  THE PURPOSES OF THIS PARAGRAPH, "IATROGENIC INFERTILITY"
 MEANS AN IMPAIRMENT OF FERTILITY BY SURGERY, RADIATION, CHEMOTHERAPY  OR
 OTHER CANCER TREATMENT AFFECTING REPRODUCTIVE ORGANS OR PROCESSES.
   §  4.  This  act  shall take effect immediately and shall apply to all
 policies issued, renewed, altered or modified on or after such date.