New York State Assembly

 
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A05729 Summary:

A05729 Actions:

A05729 Committee Votes:

Committee:INSURANCE   Chair:Weprin      
DATE:05/17/2023AYE/NAY:24/0  Action: Favorable refer to committee Rules        
Weprin
Aye
Blankenbush
Aye
Cook
Aye
Hawley
Aye
Pretlow
Aye
Palmesano
Aye
Lavine
Aye
Gandolfo
Aye
Steck
Aye
Curran
Aye
Dilan
Aye
Jensen
Aye
Hunter
Aye
Blumencranz
Aye
Rosenthal
Aye
Bendett
Aye
Stern
Aye
Jacobson
Aye
Meeks
Aye
Forrest
Aye
Anderson
Aye
Cruz
Aye
Bores
Aye
Lunsford
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/01/2023AYE/NAY:30/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A05729 Floor Votes:

A05729 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A5729A
 
SPONSOR: Paulin

 
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 or other health care practitioner licensed, certified, or author-
ized pursuant to title eight of the education law and acting within
their scope of practice.
 
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 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.
 
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.

A05729 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5729--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 23, 2023
                                       ___________
 
        Introduced  by M. of A. PAULIN, STECK, BURDICK, HEVESI, KELLES, McMAHON,
          SIMON, ZEBROWSKI, J. A. GIGLIO, McDONOUGH, WEPRIN  --  read  once  and
          referred to the Committee on Insurance -- reported and referred to the
          Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules

        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:
 
     1    Section 1. Paragraph 20 of subsection  (i)  of  section  3216  of  the
     2  insurance  law  is amended by adding a new subparagraph (A-1) to read as
     3  follows:
     4    (A-1) Every policy providing coverage as required by subparagraph  (A)
     5  of  this  paragraph shall also provide coverage for the tattooing of the
     6  nipple-areolar complex pursuant to or as part of such reconstruction  if
     7  such tattooing is performed by a licensed physician or other health care
     8  practitioner  licensed, certified, or authorized pursuant to title eight
     9  of the education law and acting within their scope of practice.
    10    § 2. Paragraph 10 of subsection (k) of section 3221 of  the  insurance
    11  law is amended by adding a new subparagraph (A-1) to read as follows:
    12    (A-1)  Every group or blanket policy providing coverage as required by
    13  subparagraph (A) of this paragraph shall also provide coverage  for  the
    14  tattooing  of  the nipple-areolar complex pursuant to or as part of such
    15  reconstruction if such tattooing is performed by a licensed physician or
    16  other health care practitioner licensed, certified, or authorized pursu-
    17  ant to title eight of the education law and acting within their scope of
    18  practice.
    19    § 3. Subsection (x) of section 4303 of the insurance law is amended by
    20  adding a new paragraph 1-A to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05882-04-3
        A. 5729--A                          2
 
     1    (1-A) Every contract providing coverage as required by  paragraph  one
     2  of  this subsection shall also provide coverage for the tattooing of the
     3  nipple-areolar complex pursuant to or as part of such reconstruction  if
     4  such tattooing is performed by a licensed physician or other health care
     5  practitioner  licensed, certified, or authorized pursuant to title eight
     6  of the education law and acting within their scope of practice.
     7    § 4. This act shall take effect on the first of January next  succeed-
     8  ing  the  date  on  which  it shall have become a law and shall apply to
     9  policies issued, reissued, renewed, modified or amended on or after such
    10  date.

A05729 LFIN:

 
NO LFIN