NY State Senate Bill 2021-S8178

Senate Bill S8178

2021-2022 Legislative Session

Requires health insurance policies to offer full coverage for annual testing for ovarian cancer and requires certain health care providers offer annual testing for ovarian cancer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2022	referred to insurance

co-Sponsors

2021-S8178 (ACTIVE) - Details

See Assembly Version of this Bill:: A9228
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L; amd §365-a, Soc Serv L; add §2405-a, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S1187, A1641

2021-S8178 (ACTIVE) - Summary

Requires health insurance policies to offer full coverage for annual testing for ovarian cancer; requires certain health care providers offer annual testing for ovarian cancer.

2021-S8178 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8178

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the insurance law, the social services law and the
public health law, in relation to requiring health insurance policies to
fully cover testing for ovarian cancer and requiring certain health care
providers to offer annual testing for ovarian cancer

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires health insurance policies to fully cover testing for ovarian
cancer and requires certain health care providers to offer annual test-
ing for ovarian cancer

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Every policy that provides coverage for hospital, surgical or
medical care shall offer full coverage for annual testing to patients
that are at high-risk of developing ovarian cancer including, but not
limited to, FDA-approved testing, transvaginal ultrasound, pelvic exam,

and other exams regardless if presenting signs and symptoms

Section 2. Applies the same provisions to every insurer delivering a
group or blanket policy or issuing a group or blanket policy for deliv-
ery in this state that provides coverage for hospital, surgical or
medical care.

Section 3. Applies these same provisions to a medical expense indemnity
corporation, a hospital service corporation, or a health service corpo-
ration that provides coverage for hospital, surgical, or medical care.

Section 4. Annual ovarian cancer testing including, but not limited to,
FDA-approved testing, pelvic exam, transvaginal ultrasound and other
exams to be made readily available to those at risk or high-risk for
cancer regardless if presenting signs and symptoms.

Section 5. Required offering of ovarian cancer testing. Ovarian cancer
literacy pamphlet to be provided to a patient. Section 6. Provides for
the effective date.

 
JUSTIFICATION:

Typically, the general CA125 misses more than half of all cancer cases
once a mass is found and primarily detects only when it is late-stage,
in most cases too late. The CA125 misses between 37-67% of ovarian
cancer cases in Black women. Black women have a much higher 5-year
ovarian cancer mortality rate of 62 percent. As with other cancers, it
is best to diagnose the disease in its early stages to best treat the
cancer and defeat the disease.  Ovarian Cancer is more likely to be
missed or miss-diagnosed due to symptoms that overlap with more benign
conditions such as endometriosis or due to diagnostic tests that were
not created for this cause being used..

Allowing and mandating screening for ovarian cancer yearly is necessary
to curtail the number of deaths that occur each year from ovarian
cancer. Ovarian cancer is a disease that mostly affects older women,
especially after menopause. As of 2022, an annual gynecological exam
does not test for ovarian cancer but covers cervical and other cancer.
The American Cancer Society states that in 2022, about 20,000 women will
receive a new diagnosis of ovarian cancer and about 13,000 women will
die from ovarian cancer. The ACA finds that if a woman has a family
member who has been diagnosed with ovarian cancer, they are now 25
percent more likely to get the disease; as the likelihood of having
ovarian cancer increases because of certain genes in one's DNA that is
passed on to offspring.

Screening tests and educating patients about ovarian cancer will serve
as great preventive measures to reduce ovarian cancer-related deaths.
In addition to the screening tests, educating patients through pamphlets
about ovarian cancer is another great preventative measure.  The more
educated the patient is, the more likely they are to notice if something
is wrong or has changed in their body, and it will prompt them to visit
their medical provider. This also helps patients who previously had
cancer or are more prone to getting it.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
The act shall take effect on the thirtieth day after it shall become
law.

2021-S8178 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8178
 
                             I N  S E N A T E
 
                             January 31, 2022
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law,  the  social  services  law  and  the
   public  health law, in relation to requiring health insurance policies
   to fully cover testing for ovarian cancer and requiring certain health
   care providers to offer annual testing for ovarian cancer

   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 11-b to read as follows:
   (11-B) (A) EVERY POLICY THAT PROVIDES COVERAGE FOR HOSPITAL,  SURGICAL
 OR MEDICAL CARE SHALL OFFER FULL COVERAGE FOR ANNUAL TESTING TO PATIENTS
 THAT  ARE  AT  HIGH-RISK OF DEVELOPING OVARIAN CANCER INCLUDING, BUT NOT
 LIMITED TO, FDA-APPROVED TESTING, TRANSVAGINAL ULTRASOUND, PELVIC  EXAM,
 AND OTHER EXAMS REGARDLESS IF PRESENTING SIGNS AND SYMPTOMS.
   (B)  SUCH  ADDITIONAL  COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCT-
 IBLES AND COINSURANCE BUT SHALL BE BORNE SOLELY BY THE INSURER.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 11-b to read as follows:
   (11-B) (A) EVERY INSURER DELIVERING A GROUP OR BLANKET POLICY OR ISSU-
 ING A GROUP OR BLANKET POLICY FOR DELIVERY IN THIS STATE  THAT  PROVIDES
 COVERAGE  FOR HOSPITAL, SURGICAL OR MEDICAL CARE SHALL OFFER FULL COVER-
 AGE FOR ANNUAL TESTING FOR INDIVIDUALS AT HIGH-RISK OF DEVELOPING OVARI-
 AN CANCER INCLUDING, BUT NOT LIMITED TO, FDA-APPROVED TESTING,  TRANSVA-
 GINAL  ULTRASOUND,  PELVIC EXAM   AND  OTHER EXAMS AVAILABLE TO THOSE AT
 HIGH-RISK OF DEVELOPING OVARIAN CANCER REGARDLESS  IF  PRESENTING  SIGNS
 AND SYMPTOMS.
   (B)  SUCH  ADDITIONAL  COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCT-
 IBLES AND COINSURANCE BUT SHALL BE BORNE SOLELY BY THE INSURER.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (p-1) to read as follows:
   (P-1)  (1) A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
 CORPORATION OR A HEALTH SERVICE CORPORATION THAT PROVIDES  COVERAGE  FOR
 HOSPITAL,  SURGICAL OR MEDICAL CARE SHALL OFFER FULL COVERAGE FOR ANNUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13344-03-2
 S. 8178                             2
 
 TESTING FOR  INDIVIDUALS  AT  HIGH-RISK  OF  DEVELOPING  OVARIAN  CANCER
 INCLUDING, BUT NOT LIMITED TO, FDA-APPROVED TESTING, TRANSVAGINAL ULTRA-
 SOUND,  PELVIC  EXAM  AND  OTHER  EXAMS  FOR INDIVIDUALS AT HIGH-RISK OF
 DEVELOPING OVARIAN CANCER REGARDLESS IF PRESENTING SIGNS OR SYMPTOMS.
   (2)  SUCH  ADDITIONAL  COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCT-
 IBLES AND COINSURANCE BUT SHALL BE BORNE SOLELY BY THE INSURER.
   § 4. Subdivision 2 of section 365-a of  the  social  services  law  is
 amended by adding a new paragraph (iii) to read as follows:
   (III)  ANNUAL  OVARIAN  CANCER  TESTING INCLUDING, BUT NOT LIMITED TO,
 FDA-APPROVED TESTING, PELVIC EXAM, TRANSVAGINAL ULTRASOUND  AND    OTHER
 EXAMS  AVAILABLE  TO THOSE AT RISK OR HIGH-RISK FOR CANCER REGARDLESS IF
 PRESENTING SIGNS AND SYMPTOMS.
   § 5. The public health law is amended by adding a new  section  2405-a
 to read as follows:
   § 2405-A. REQUIRED OFFERING OF OVARIAN CANCER TESTING.  1. HEALTH CARE
 PROVIDERS  SUCH AS A PHYSICIAN, PHYSICIAN ASSISTANT, NURSE PRACTITIONER,
 OR MIDWIFE PROVIDING PRIMARY CARE SHALL ASK SPECIFIC QUESTIONS TO DETER-
 MINE IF THERE ARE ANY  SIGNS  OR  SYMPTOMS  THAT  MAY  INDICATE  OVARIAN
 CANCER. ONCE SIGNS AND SYMPTOMS OF OVARIAN CANCER HAVE BEEN DETECTED, OR
 A  PROVIDER IS SUSPICIOUS THE PATIENT HAS OVARIAN CANCER, OVARIAN CANCER
 "TESTING" MAY THEN BE PERFORMED, WHICH COULD ENCOMPASS  A  PELVIC  EXAM,
 FDA-APPROVED  TESTING,  TRANSVAGINAL  ULTRASOUND,  AND  OTHER  EXAMS FOR
 OVARIAN CANCER. ADDITIONALLY, PROVIDERS SHALL AVAIL PATIENTS WITH OVARI-
 AN CANCER EDUCATION, INCLUDING, BUT NOT LIMITED TO, INFORMATION  ON  THE
 SIGNS  AND  SYMPTOMS  OF OVARIAN CANCER AND PROVIDING THE PATIENT WITH A
 COPY OF THE INFORMATIONAL PAMPHLET DEVELOPED AND SUPPLIED BY THE DEPART-
 MENT, UNLESS  THE  HEALTH  CARE  PRACTITIONER  PROVIDING  SUCH  SERVICES
 REASONABLY BELIEVES THAT: (A) THE INDIVIDUAL IS BEING TREATED FOR A LIFE
 THREATENING  EMERGENCY;  OR (B) THE INDIVIDUAL LACKS CAPACITY TO CONSENT
 TO OVARIAN CANCER TESTING.
   2. AS USED IN THIS SECTION, "PRIMARY CARE" MEANS THE MEDICAL FIELDS OF
 FAMILY MEDICINE, GENERAL PEDIATRICS, PRIMARY  CARE,  INTERNAL  MEDICINE,
 PRIMARY  CARE  OBSTETRICS, OR PRIMARY CARE GYNECOLOGY, WITHOUT REGARD TO
 BOARD CERTIFICATION.
   3. THE OFFERING OF OVARIAN CANCER TESTING UNDER THIS SECTION SHALL  BE
 CULTURALLY  AND  LINGUISTICALLY APPROPRIATE IN ACCORDANCE WITH RULES AND
 REGULATIONS PROMULGATED BY THE COMMISSIONER.
   4. THE DEPARTMENT SHALL DEVELOP  INFORMATIONAL  PAMPHLETS  ON  OVARIAN
 CANCER AND SUPPLY SUCH PAMPHLETS TO HEALTH SERVICE PROVIDERS.
   5.  THIS  SECTION SHALL NOT AFFECT THE SCOPE OF PRACTICE OF ANY HEALTH
 CARE PRACTITIONER OR DIMINISH ANY AUTHORITY  OR  LEGAL  OR  PROFESSIONAL
 OBLIGATION OF ANY HEALTH CARE PRACTITIONER TO OFFER OVARIAN CANCER TEST-
 ING  OR  TO  PROVIDE  SERVICES OR CARE FOR THE SUBJECT OF OVARIAN CANCER
 TESTING.
   § 6. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 policies issued, reissued, renewed, modified or amended on or after such
 date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S8178

Share this bill

Sponsored By

Roxanne J. Persaud