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Assembly Bill A738

2023-2024 Legislative Session

Requires health insurance policies to cover comprehensive genetic screening for ovarian and prostate cancers

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Archive: Last Bill Status - Stricken

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2023-A738 (ACTIVE) - Details

See Senate Version of this Bill:
S927
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A291
2017-2018: A1807
2019-2020: A5727, S4768
2021-2022: A425, S105
2025-2026: A6475

2023-A738 (ACTIVE) - Summary

Requires health insurance policies to cover comprehensive genetic screening and FDA approved biomarker testing for ovarian and prostate cancers.

2023-A738 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    738
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. ROZIC, AUBRY, BRONSON, COLTON, COOK, OTIS, SIMON,
   WEPRIN  -- Multi-Sponsored by -- M. of A. GUNTHER, RIVERA -- read once
   and referred to the Committee on Insurance
 
 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00460-01-3

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