S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3216--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sens.  CLEARE,  HOYLMAN-SIGAL  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Insur-
   ance  --  recommitted to the Committee on Insurance in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  insurance  law  and the social services law, in
   relation to insurance and Medicaid  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08150-02-4
              

 S. 3216--A                          2
 
 IMPAIRMENT OF FERTILITY BY SURGERY,  RADIATION,  CHEMOTHERAPY  OR  OTHER
 CANCER TREATMENT AFFECTING REPRODUCTIVE ORGANS OR PROCESSES.
   §  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.  Subdivision  2  of  section 365-a of the social services law is
 amended by adding a new paragraph (nn) to read as follows:
   (NN) STANDARD FERTILITY PRESERVATION SERVICES WHEN A NECESSARY  CANCER
 TREATMENT  MAY DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY.  FOR
 THE PURPOSES OF THIS SECTION, "IATROGENIC INFERTILITY" MEANS AN  IMPAIR-
 MENT  OF  FERTILITY  BY SURGERY, RADIATION, CHEMOTHERAPY OR OTHER CANCER
 TREATMENT AFFECTING REPRODUCTIVE ORGANS OR PROCESSES.
   § 5. This act shall take effect immediately and  shall  apply  to  all
 policies issued, renewed, altered or modified on or after such date.