Senate Bill S7303

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7303
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 coverage  for  medical
   genetic testing for adoptees and persons placed in foster care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
 amended by adding a new paragraph 39 to read as follows:
   (39) (A) EVERY POLICY THAT PROVIDES HOSPITAL, SURGICAL OR MEDICAL CARE
 COVERAGE OR PROVIDES REIMBURSEMENT FOR LABORATORY TESTS OR REIMBURSEMENT
 FOR  DIAGNOSTIC  X-RAY SERVICES SHALL PROVIDE COVERAGE FOR COMPREHENSIVE
 MEDICAL GENETIC TESTING TO DETERMINE  THE  PRESENCE  OR  ABSENCE  OF  AN
 INHERITED  GENETIC  CHARACTERISTIC  IN AN INDIVIDUAL, INCLUDING TESTS OF
 NUCLEIC ACID SUCH AS DNA, RNA, AND  MITOCHONDRIAL  DNA,  CHROMOSOMES  OR
 PROTEINS  IN  ORDER TO IDENTIFY A PREDISPOSING GENETIC CHARACTERISTIC TO
 PERSONS WHO WERE ADOPTEES AS DEFINED IN SUBDIVISION ONE OF  SECTION  ONE
 HUNDRED NINE OF THE DOMESTIC RELATIONS LAW OR WHO WERE PERSONS PLACED IN
 FOSTER CARE.
   (B)  COVERAGE  PROVIDED UNDER THIS PARAGRAPH MAY BE LIMITED TO PERSONS
 RESIDING IN NEW YORK STATE.
   (C) COVERAGE PROVIDED UNDER THIS PARAGRAPH MAY BE  SUBJECT  TO  ANNUAL
 DEDUCTIBLES  AND  CO-INSURANCE  AS DEEMED APPROPRIATE BY THE SUPERINTEN-
 DENT.
   § 2. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 23 to read as follows:
   (23) (A) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR  DELIV-
 ERY  IN  THIS  STATE  WHICH  PROVIDES HOSPITAL, SURGICAL OR MEDICAL CARE
 COVERAGE OR PROVIDES REIMBURSEMENT FOR LABORATORY TESTS OR REIMBURSEMENT
 FOR DIAGNOSTIC X-RAY SERVICES SHALL PROVIDE COVERAGE  FOR  COMPREHENSIVE
 MEDICAL  GENETIC  TESTING  TO  DETERMINE  THE  PRESENCE OR ABSENCE OF AN
 INHERITED GENETIC CHARACTERISTIC IN AN INDIVIDUAL,  INCLUDING  TESTS  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11573-01-3
              

 S. 7303                             2
 
 NUCLEIC  ACID  SUCH  AS  DNA, RNA, AND MITOCHONDRIAL DNA, CHROMOSOMES OR
 PROTEINS IN ORDER TO IDENTIFY A PREDISPOSING GENETIC  CHARACTERISTIC  TO
 PERSONS  WHO  WERE ADOPTEES AS DEFINED IN SUBDIVISION ONE OF SECTION ONE
 HUNDRED NINE OF THE DOMESTIC RELATIONS LAW OR PERSONS WHO WERE PLACED IN
 FOSTER CARE.
   (B)  COVERAGE  PROVIDED UNDER THIS PARAGRAPH MAY BE LIMITED TO PERSONS
 RESIDING IN NEW YORK STATE.
   (C) COVERAGE PROVIDED UNDER THIS PARAGRAPH MAY BE  SUBJECT  TO  ANNUAL
 DEDUCTIBLES  AND  CO-INSURANCE  AS DEEMED APPROPRIATE BY THE SUPERINTEN-
 DENT.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (vv) to read as follows:
   (VV)  (1)  EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPO-
 RATION, HOSPITAL SERVICE CORPORATION OR HEALTH SERVICE CORPORATION  THAT
 PROVIDES  HOSPITAL,  SURGICAL  OR  MEDICAL  CARE  COVERAGE  OR  PROVIDES
 REIMBURSEMENT FOR LABORATORY TESTS OR REIMBURSEMENT FOR DIAGNOSTIC X-RAY
 SERVICES SHALL PROVIDE COVERAGE FOR COMPREHENSIVE MEDICAL GENETIC  TEST-
 ING TO DETERMINE THE PRESENCE OR ABSENCE OF AN INHERITED GENETIC CHARAC-
 TERISTIC  IN AN INDIVIDUAL, INCLUDING TESTS OF NUCLEIC ACID SUCH AS DNA,
 RNA, AND MITOCHONDRIAL DNA, CHROMOSOMES OR PROTEINS IN ORDER TO IDENTIFY
 A PREDISPOSING GENETIC CHARACTERISTIC TO PERSONS WHO  WERE  ADOPTEES  AS
 DEFINED  IN  SUBDIVISION ONE OF SECTION ONE HUNDRED NINE OF THE DOMESTIC
 RELATIONS LAW OR PERSONS WHO WERE PLACED IN FOSTER CARE.
   (2) COVERAGE PROVIDED UNDER THIS SUBSECTION MAY BE LIMITED TO  PERSONS
 RESIDING IN NEW YORK STATE.
   (3)  COVERAGE  PROVIDED UNDER THIS SUBSECTION MAY BE SUBJECT TO ANNUAL
 DEDUCTIBLES AND CO-INSURANCE AS DEEMED APPROPRIATE  BY  THE  SUPERINTEN-
 DENT.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to any policy issued,  renewed,  modi-
 fied, altered, or amended on or after such date.