S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5729--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. PAULIN, STECK, BURDICK, HEVESI, KELLES, McMAHON,
   SIMON, ZEBROWSKI, J. A. GIGLIO, McDONOUGH, WEPRIN  --  read  once  and
   referred to the Committee on Insurance -- reported and referred to the
   Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to the Committee on Rules

 AN ACT to amend the insurance law,  in  relation  to  requiring  certain
   insurers to provide coverage for tattooing performed by a physician as
   part of breast reconstruction surgery
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 20 of subsection  (i)  of  section  3216  of  the
 insurance  law  is amended by adding a new subparagraph (A-1) to read as
 follows:
   (A-1) EVERY POLICY PROVIDING COVERAGE AS REQUIRED BY SUBPARAGRAPH  (A)
 OF  THIS  PARAGRAPH SHALL ALSO PROVIDE COVERAGE FOR THE TATTOOING OF THE
 NIPPLE-AREOLAR COMPLEX PURSUANT TO OR AS PART OF SUCH RECONSTRUCTION  IF
 SUCH TATTOOING IS PERFORMED BY A LICENSED PHYSICIAN OR OTHER HEALTH CARE
 PRACTITIONER  LICENSED, CERTIFIED, OR AUTHORIZED PURSUANT TO TITLE EIGHT
 OF THE EDUCATION LAW AND ACTING WITHIN THEIR SCOPE OF PRACTICE.
   § 2. Paragraph 10 of subsection (k) of section 3221 of  the  insurance
 law is amended by adding a new subparagraph (A-1) to read as follows:
   (A-1)  EVERY GROUP OR BLANKET POLICY PROVIDING COVERAGE AS REQUIRED BY
 SUBPARAGRAPH (A) OF THIS PARAGRAPH SHALL ALSO PROVIDE COVERAGE  FOR  THE
 TATTOOING  OF  THE NIPPLE-AREOLAR COMPLEX PURSUANT TO OR AS PART OF SUCH
 RECONSTRUCTION IF SUCH TATTOOING IS PERFORMED BY A LICENSED PHYSICIAN OR
 OTHER HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED PURSU-
 ANT TO TITLE EIGHT OF THE EDUCATION LAW AND ACTING WITHIN THEIR SCOPE OF
 PRACTICE.
   § 3. Subsection (x) of section 4303 of the insurance law is amended by
 adding a new paragraph 1-A to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05882-04-3
 A. 5729--A                          2
              

 
   (1-A) EVERY CONTRACT PROVIDING COVERAGE AS REQUIRED BY  PARAGRAPH  ONE
 OF  THIS SUBSECTION SHALL ALSO PROVIDE COVERAGE FOR THE TATTOOING OF THE
 NIPPLE-AREOLAR COMPLEX PURSUANT TO OR AS PART OF SUCH RECONSTRUCTION  IF
 SUCH TATTOOING IS PERFORMED BY A LICENSED PHYSICIAN OR OTHER HEALTH CARE
 PRACTITIONER  LICENSED, CERTIFIED, OR AUTHORIZED PURSUANT TO TITLE EIGHT
 OF THE EDUCATION LAW AND ACTING WITHIN THEIR SCOPE OF PRACTICE.
   § 4. 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.