S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6185
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law and the insurance law, in relation
   to  creating  esophageal  cancer  educational  pamphlets and requiring
   esophageal cancer testing and treatments be covered by certain  insur-
   ance plans

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2404-e to read as follows:
   § 2404-E. ESOPHAGEAL CANCER; DUTY TO INFORM. 1. THE COMMISSIONER SHALL
 DEVELOP  A  STANDARDIZED  WRITTEN  SUMMARY  AND EDUCATIONAL PAMPHLET, IN
 PLAIN NON-TECHNICAL LANGUAGE, WHICH SHALL EXPLAIN THE FOLLOWING:
   (A) THE SYMPTOMS AND RISK FACTORS FOR ESOPHAGEAL CANCER;
   (B) THE AVAILABLE METHODS FOR THE DETECTION AND DIAGNOSIS  OF  ESOPHA-
 GEAL  CANCER,  INCLUDING  INFORMATION  ON  THE  RELATIVE ACCURACY OF THE
 AVAILABLE DETECTION AND DIAGNOSTIC TECHNIQUES;
   (C) THE AVAILABILITY OF INSURANCE COVERAGE  FOR  DIAGNOSTIC  SCREENING
 FOR  ESOPHAGEAL  CANCER WITHOUT COST SHARING PURSUANT TO PARAGRAPH THIR-
 TY-NINE OF SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN,
 PARAGRAPH TWENTY-TWO OF SUBSECTION (L) OF  SECTION  THREE  THOUSAND  TWO
 HUNDRED  TWENTY-ONE  AND  SUBSECTION (UU) OF SECTION FOUR THOUSAND THREE
 HUNDRED THREE OF THE INSURANCE LAW; AND
   (D) THE ALTERNATIVE MEDICALLY VIABLE METHODS  OF  TREATING  ESOPHAGEAL
 CANCER, INCLUDING BUT NOT LIMITED TO HORMONAL, RADIOLOGICAL, CHEMOTHERA-
 PEUTIC  OR  SURGICAL  TREATMENTS,  OR  COMBINATIONS THEREOF. THE SUMMARY
 SHALL CONTAIN INFORMATION ON ESOPHAGEAL POST-TREATMENT RISKS  AND  OTHER
 PERTINENT INFORMATION TO AID A PERSON IN DECIDING A COURSE OF TREATMENT.
 THE SUMMARY SHALL BE UPDATED AS IS NECESSARY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07262-01-3
 A. 6185                             2
 
              

   2.  THE SUMMARY SHALL BE PROVIDED TO ANY HEALTH CARE PROVIDER OR PRAC-
 TITIONER PROVIDING MEDICAL  TREATMENT  IN  ACCORDANCE  WITH  SUBDIVISION
 THREE OF THIS SECTION.
   3.  THE STANDARDIZED WRITTEN SUMMARY AND EDUCATIONAL PAMPHLET PROVIDED
 FOR BY SUBDIVISION ONE OF THIS SECTION MAY BE PROVIDED BY A HEALTH  CARE
 PROVIDER  TO  EACH  PERSON  UNDER HIS OR HER CARE. HEALTH CARE PROVIDERS
 SHALL PROVIDE TO AND DISCUSS WITH EACH PERSON UNDER HIS OR HER CARE  THE
 STANDARDIZED  WRITTEN SUMMARY AND EDUCATIONAL PAMPHLET WHERE SUCH PERSON
 IS OR MAY BE AT RISK FOR ESOPHAGEAL CANCER OR WHO HAS BEEN DIAGNOSED  TO
 BE  AFFLICTED  WITH  ESOPHAGEAL  CANCER  UPON SAID DIAGNOSIS, OR AS SOON
 THEREAFTER AS PRACTICABLE. A PERSON SHALL BE DEEMED AT RISK FOR  ESOPHA-
 GEAL CANCER WHERE SUCH PERSON HAS A FAMILY HISTORY OF ESOPHAGEAL CANCER.
   4.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO CREATE A CAUSE OF
 ACTION FOR LACK OF INFORMED CONSENT IN ANY INSTANCE IN WHICH SUCH  CAUSE
 OF  ACTION  WOULD  BE  LIMITED BY SECTION TWENTY-EIGHT HUNDRED FIVE-D OF
 THIS CHAPTER.
   5. THE COMMISSIONER SHALL HAVE THE WRITTEN SUMMARY, REQUIRED  BY  THIS
 SECTION,  COMPLETED  AND  PREPARED FOR DISTRIBUTION ON OR BEFORE JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR.
   § 2. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 39 to read as follows:
   (39) EVERY POLICY THAT PROVIDES COVERAGE  FOR  HOSPITAL,  SURGICAL  OR
 MEDICAL  CARE  SHALL PROVIDE COVERAGE FOR THE SCREENING AND TREATMENT OF
 ESOPHAGEAL CANCER WHEN DEEMED NECESSARY BY A HEALTH CARE PROVIDER.
   § 3. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) EVERY INSURER DELIVERING A GROUP OR BLANKET POLICY OR  ISSUING  A
 GROUP  OR BLANKET POLICY FOR DELIVERY IN THIS STATE THAT PROVIDES COVER-
 AGE FOR HOSPITAL, SURGICAL OR MEDICAL CARE SHALL  PROVIDE  COVERAGE  FOR
 THE  SCREENING  AND TREATMENT OF ESOPHAGEAL CANCER WHEN DEEMED NECESSARY
 BY A HEALTH CARE PROVIDER.
   § 4. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (uu) to read as follows:
   (UU)  A  MEDICAL  EXPENSE  INDEMNITY  CORPORATION,  A HOSPITAL SERVICE
 CORPORATION OR A HEALTH SERVICE CORPORATION THAT PROVIDES  COVERAGE  FOR
 HOSPITAL,  SURGICAL  OR  MEDICAL  CARE  SHALL  PROVIDE  COVERAGE FOR THE
 SCREENING AND TREATMENT OF ESOPHAGEAL CANCER WHEN DEEMED NECESSARY BY  A
 HEALTH CARE PROVIDER.
   §  5.  This act shall take effect immediately and shall apply to poli-
 cies and contracts issued, renewed, modified, altered or amended on  and
 after such date.