Assemblymember Linda B. Rosenthal and State Senator Toby Stavisky Herald Signing of First-in-the-Nation Legislation Requiring Health Insurance Companies to Cover Cost of Hair Preservation Treatment During Chemotherapy

Albany, NY – Assemblymember Linda B. Rosenthal (D/WF-Manhattan) and State Senator Toby Stavisky (D-Queens) announced today that their legislation (A38-A/S2063-A) requiring health insurers to cover the cost of scalp cooling systems, a hair-preservation treatment used by cancer patients undergoing chemotherapy, was signed into law. With the signing of this landmark legislation, New York becomes the first state in the nation to require coverage of this therapy for chemotherapy patients. 

“Undergoing chemotherapy should not be synonymous with hair loss,” said Assemblymember Rosenthal. “Women receiving this treatment say that losing their hair adds extra trauma to their cancer diagnosis, altering their identity and self-esteem, serving as a constant reminder of their disease and signaling to others that they are ill.However, far too many health insurance companies view scalp cooling solely as a cosmetic treatment and refuse to cover its cost. This first-in-the-nation legislation gives cancer patients, particularly women, an opportunity to reclaim a part of themselves as they navigate one of the most tumultuous times of their lives.”

Senator Stavisky said, “This legislation is important to those undergoing chemotherapy treatments. Hair loss can be devastating, and this cold scalp cooling system works in approximately 80-85% of patients. An individual will be viewed not as a sick person but as a person. I thank my colleague, Assemblymember Linda Rosenthal, the advocates, and elected officials.”

Under the new law, large private health insurance plans must provide coverage for scalp cooling systems that are used in connection with chemotherapy treatment.As part of the treatment, patients must wear a cooling cap before, during and after each chemotherapy session. The cooling system is composed of a cap filled with cold liquid kept at 32 degrees Fahrenheit that constricts blood vessels in the scalp, reducing the amount of chemotherapy drugs that reach the hair follicles, which helps to preserve a person’s hair.

Scalp cooling is covered by Medicaid and Medicare, and three different cooling systems have already been approved by the U.S. Food and Drug Administration. Without insurance coverage, patients must pay out of pocket, which ranges from $1,500 to $3,000 per round of chemotherapy. 

The law had widespread support across the state, including by the American Cancer Society, Sharing and Caring, the Rapunzel Project, the American Nursing Association and major hospitals and research centers: Memorial Sloan Kettering, Columbia, Mount Sinai, Northwell, Weill Cornell, NYU, Montefiore, Stony Brook University, Roswell Park, the University of Rochester Medical Center and New York Health and Hospitals.

“For far too long, insurance companies have forced cancer patients to jump through endless bureaucratic hoops to receive the care they require and deserve. That practice ends today," said Assemblymember Rosenthal. "This law will ensure that hair preservation during chemotherapy treatments is accessible and affordable for every New Yorker. I am grateful to Senator Stavisky for her unwavering leadership on this bill and to Governor Hochul for signing this legislation empowering women battling cancer through chemo treatments."