Assembly Bill A5581

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5581
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 18, 2025
                                ___________
 
 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 FORTY
 OF SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED  SIXTEEN,  PARA-
 GRAPH  TWENTY-THREE  OF  SUBSECTION  (L)  OF  SECTION THREE THOUSAND TWO
 HUNDRED TWENTY-ONE AND SUBSECTION (WW) 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.
                                                            LBD05061-01-5
 A. 5581                             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 THEIR CARE. HEALTH CARE PROVIDERS SHALL
 PROVIDE TO AND DISCUSS WITH EACH PERSON UNDER THEIR CARE  THE  STANDARD-
 IZED  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 THERE-
 AFTER AS PRACTICABLE. A PERSON SHALL BE DEEMED AT  RISK  FOR  ESOPHAGEAL
 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-SIX.
   § 2. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 40 to read as follows:
   (40) 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 23 to read as follows:
   (23) 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 (ww) to read as follows:
   (WW)  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.