NY State Senate Bill 2023-S6146A

Senate Bill S6146A

2023-2024 Legislative Session

Requires certain insurers to provide coverage for tattooing performed by a physician as part of breast reconstruction surgery

download bill text pdf

Current Bill Status - On Floor Calendar

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2024	advanced to third reading
May 07, 2024	2nd report cal.
May 06, 2024	1st report cal.880
Jan 03, 2024	referred to insurance
May 23, 2023	print number 6146a
May 23, 2023	amend and recommit to insurance
Mar 30, 2023	referred to insurance

Votes

- May 6, 2024 - Insurance Committee Vote
  S6146A
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: May 6, 2024
      
      aye (8)
      
      Addabbo Jr.
      
      Ashby
      
      Breslin
      
      Cooney
      
      Harckham
      
      Martinez
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      aye wr (1)
      
      Helming
      
      excused (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

2023-S6146 - Details

See Assembly Version of this Bill:: A5729
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L

2023-S6146 - Summary

Requires insurers to provide coverage for tattooing of the nipple-areolar complex pursuant to or as part of breast reconstruction surgery if such tattooing is performed by a physician or other health care practitioner working within their scope of practice.

2023-S6146 - Sponsor Memo

                                 
BILL NUMBER: S6146

SPONSOR: CLEARE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require coverage of breast tattooing following a mastectomy or
partial mastectomy.

 
SUMMARY OF PROVISIONS:

Sections one through three amend sections 3216, 3221 and 4303 of the
insurance law to require that insurance companies shall provide coverage
for tattooing of the nipple-areolar complex pursuant to or as part of
such reconstruction if such tattooing is performed by a licensed physi-
cian.

Section four provides the effective date.

 
JUSTIFICATION:

Current New York State Law requires insurance companies to provide
coverage for breast reconstructive surgery following a mastectomy or
partial mastectomy. The law specifically states that coverage shall be
provided for all stages of reconstruction of the breast on which the
mastectomy or partial mastectomy has been performed, as well as surgery
on the other breast to achieve a symmetrical appearance.

However, the final stage of the reconstruction process, tattooing to
create a realistic looking nipple and areola on the breasts, is not
currently covered by most insurance companies. This legislation would
require coverage of breast tattooing as part of the reconstruction proc-
ess, so long as the tattooing is performed by a licensed physician.

Medical breast tattooing must be covered by insurance companies. It
should not be considered as a cosmetic, elective procedure. It is the
last needed step in the breast reconstructive journey and covering this
procedure will ensure that women who have gone through this challenging
process might begin to feel whole again.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2023-S6146 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6146
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 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 WORKING 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
 WORKING 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:
   (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 WORKING 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05882-01-3

co-Sponsors

2023-S6146A (ACTIVE) - Details

See Assembly Version of this Bill:: A5729
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L

2023-S6146A (ACTIVE) - Summary

2023-S6146A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6146A

SPONSOR: CLEARE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL::

To require coverage of breast tattooing following a mastectomy or
partial mastectomy.

 
SUMMARY OF PROVISIONS::

Sections one through three amend sections 3216, 3221 and 4303 of the
insurance law to require that insurance companies shall provide coverage
for tattooing of the nipple-areolar complex pursuant to or as part of
such reconstruction if such tattooing is performed by a licensed physi-
cian.

Section four provides the effective date.

A-Print expands those who can perform the procedure to "other health
care practitioner licensed, certified, or authorized pursuant to title
eight of the education law and acting within their scope of practice."

 
JUSTIFICATION::

Current New York State Law requires insurance companies to provide
coverage for breast reconstructive surgery following a mastectomy or
partial mastectomy. The law specifically states that coverage shall be
provided for all stages of reconstruction of the breast on which the
mastectomy or partial mastectomy has been performed, as well as surgery
on the other breast to achieve a symmetrical appearance.

However, the final stage of the reconstruction process, tattooing to
create a realistic looking nipple and areola on the breasts, is not
currently covered by most insurance companies. This legislation would
require coverage of breast tattooing as part of the reconstruction proc-
ess, so long as the tattooing is performed by a licensed physician.

Medical breast tattooing must be covered by insurance companies. It
should not be considered as a cosmetic, elective procedure. It is the
last needed step in the breast reconstructive journey and covering this
procedure will ensure that women who have gone through this challenging
process might begin to feel whole again.

 
PRIOR LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2023-S6146A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6146--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Insurance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
   (1-A)  EVERY  CONTRACT PROVIDING COVERAGE AS REQUIRED BY PARAGRAPH ONE
 OF THIS SUBSECTION SHALL ALSO PROVIDE COVERAGE FOR THE TATTOOING OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05882-05-3

 S. 6146--A                          2
 
 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.

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