Amd §2404-a, Pub Health L; amd §§3216, 3221 & 4303, Ins L
Provides that policies and contracts covering diagnostic screening for prostate cancer shall not be subject to cost sharing; requires notice of availability of such coverage without cost sharing to be provided in the notice to persons at risk of or having prostate cancer.
STATE OF NEW YORK
Cal. No. 201
2017-2018 Regular Sessions
September 22, 2017
Introduced by Sens. TEDISCO, HANNON, MARCHIONE -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules --
recommitted to the Committee on Health in accordance with Senate Rule
6, sec. 8 -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the public health law, in relation to the written summa-
ry relating to prostate cancer; and to amend the insurance law, in
relation to coverage of diagnostic screening for prostate cancer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2404-a of the public health law, as added by chap-
2 ter 141 of the laws of 1997, is amended to read as follows:
3 § 2404-a. Prostate cancer; duty to inform. 1. The commissioner shall
4 develop a standardized written summary, in plain non-technical language,
5 which shall explain the following:
6 (a) the symptoms and risk factors for prostate cancer;
7 (b) the available methods for the detection and diagnosis of prostate
8 cancer, including information on the relative accuracy of the available
9 detection and diagnostic techniques;
10 (c) the availability of insurance coverage for diagnostic screening
11 for prostate cancer without cost sharing pursuant to subparagraph (B) of
12 paragraph eleven-a of subsection (i) of section three thousand two
13 hundred sixteen, subparagraph (B) of paragraph eleven-a of subsection
14 (1) of section three thousand two hundred twenty-one and paragraph two
15 of subsection (z-1) of section four thousand three hundred three of the
16 insurance law; and
17 [(c)] (d) the alternative medically viable methods of treating
18 prostate cancer, including but not limited to hormonal, radiological,
19 chemotherapeutic or surgical treatments, or combinations thereof. The
20 summary shall contain information on prostate post-treatment risks and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 6882--A 2
1 other pertinent information to aid a person in deciding a course of
2 treatment. The summary shall be updated as is necessary.
3 [(d)] 2. The summary shall be provided to any health care provider or
4 practitioner providing medical treatment to adult men without charge or
5 fee for distribution in accordance with subdivision [two] three of this
7 [2.] 3. The standardized written summary provided for by subdivision
8 one of this section may be provided by a health care provider to each
9 person under [his/her] his or her care who is or may be at risk for
10 prostate cancer or who has been diagnosed to be afflicted with prostate
11 cancer upon said diagnosis, or as soon thereafter as practicable.
12 [3.] 4. Nothing in this section shall be construed to create a cause
13 of action for lack of informed consent in any instance in which such
14 cause of action would be limited by section twenty-eight hundred five-d
15 of this chapter.
16 [4.] 5. The commissioner shall have the written summary, required by
17 this section, completed and prepared for distribution on or before Janu-
18 ary first, nineteen hundred ninety-eight.
19 § 2. Subparagraph (B) of paragraph 11-a of subsection (i) of section
20 3216 of the insurance law, as added by chapter 601 of the laws of 2000,
21 is amended to read as follows:
22 (B) Such coverage [may] shall not be subject to annual deductibles
23 [and] or coinsurance [as may be deemed appropriate by the superintendent
24 and as are consistent with those established for other benefits within a
25 given policy].
26 § 3. Subparagraph (B) of paragraph 11-a of subsection (1) of section
27 3221 of the insurance law, as added by chapter 601 of the laws of 2000,
28 is amended to read as follows:
29 (B) Such coverage [may] shall not be subject to annual deductibles
30 [and] or coinsurance [as may be deemed appropriate by the superintendent
31 and as are consistent with those established for other benefits within a
32 given policy].
33 § 4. Paragraph 2 of subsection (z-1) of section 4303 of the insurance
34 law, as added by chapter 601 of the laws of 2000, is amended to read as
36 (2) Such coverage [may] shall not be subject to annual deductibles
37 [and] or coinsurance [as may be deemed appropriate by the superintendent
38 and as are consistent with those established for other benefits within a
39 given policy].
40 § 5. This act shall take effect immediately, and sections two, three
41 and four of this act shall apply to all policies and contracts issued,
42 renewed, modified or amended on or after January 1, 2019.