S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2521

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW, JOHN, JAFFEE, GREENE -- Multi-Sponsored
  by -- M. of A. BING, CAHILL, CLARK, COOK, CUSICK,  DESTITO,  DINOWITZ,
  GALEF,  GLICK, HOOPER, HOYT, JACOBS, V. LOPEZ, MAGEE, MAYERSOHN, MILL-
  MAN, ORTIZ, PERRY, SCARBOROUGH, SWEENEY, TOWNS, WEINSTEIN, WEISENBERG,
  WRIGHT -- read once and referred to the Committee on Insurance

AN ACT to amend the insurance  law,  in  relation  to  health  insurance
  coverage for diagnostic testing for ovarian cancer

  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 11-b to read as follows:
  (11-B) (A) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
WHICH  PROVIDES  MEDICAL  COVERAGE  THAT INCLUDES COVERAGE FOR PHYSICIAN
SERVICES IN A PHYSICIAN'S OFFICE AND EVERY POLICY WHICH  PROVIDES  MAJOR
MEDICAL  OR  SIMILAR COMPREHENSIVE-TYPE COVERAGE SHALL PROVIDE, UPON THE
PRESCRIPTION OF A HEALTH CARE PROVIDER LEGALLY AUTHORIZED  TO  PRESCRIBE
UNDER  TITLE EIGHT OF THE EDUCATION LAW, COVERAGE FOR DIAGNOSTIC TESTING
FOR OVARIAN CANCER, INCLUDING A PELVIC EXAMINATION, A SONOGRAM, A CA 125
BLOOD TEST AND LABORATORY AND DIAGNOSTIC SERVICES PROVIDED IN CONNECTION
WITH EXAMINING AND EVALUATING SUCH BLOOD TEST FOR WOMEN AGED  FORTY  AND
OVER  WITH  ONE OR MORE FEMALE RELATIVES WITH A PRIOR HISTORY OF OVARIAN
CANCER.
  (B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
  S 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 11-b to read as follows:
  (11-B) (A) EVERY INSURER WHICH DELIVERS OR ISSUES FOR DELIVERY IN THIS
STATE A POLICY WHICH PROVIDES MEDICAL COVERAGE  THAT  INCLUDES  COVERAGE
FOR PHYSICIAN SERVICES IN A PHYSICIAN'S OFFICE OR MAJOR MEDICAL OR SIMI-
LAR  COMPREHENSIVE-TYPE COVERAGE SHALL PROVIDE, UPON THE PRESCRIPTION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01352-01-9
              

A. 2521                             2

A HEALTH CARE PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE UNDER TITLE EIGHT
OF THE EDUCATION  LAW,  COVERAGE  FOR  DIAGNOSTIC  TESTING  FOR  OVARIAN
CANCER,  INCLUDING A PELVIC EXAMINATION, A SONOGRAM, A CA 125 BLOOD TEST
AND LABORATORY AND DIAGNOSTIC SERVICES PROVIDED IN CONNECTION WITH EXAM-
INING  AND EVALUATING SUCH BLOOD TEST FOR WOMEN AGED FORTY AND OVER WITH
ONE OR MORE FEMALE RELATIVES WITH A PRIOR HISTORY OF OVARIAN CANCER.
  (B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (ff) to read as follows:
  (FF)  (1)  A  HOSPITAL  SERVICE CORPORATION, MEDICAL EXPENSE INDEMNITY
CORPORATION OR HEALTH SERVICE CORPORATION WHICH PROVIDES MEDICAL  COVER-
AGE  THAT  INCLUDES  COVERAGE  FOR  PHYSICIAN  SERVICES IN A PHYSICIAN'S
OFFICE OR MAJOR MEDICAL OR  SIMILAR  COMPREHENSIVE-TYPE  COVERAGE  SHALL
PROVIDE, UPON THE PRESCRIPTION OF A HEALTH CARE PROVIDER LEGALLY AUTHOR-
IZED  TO  PRESCRIBE UNDER TITLE EIGHT OF THE EDUCATION LAW, COVERAGE FOR
DIAGNOSTIC TESTING FOR OVARIAN CANCER, INCLUDING A PELVIC EXAMINATION, A
SONOGRAM, A CA 125 BLOOD TEST AND  LABORATORY  AND  DIAGNOSTIC  SERVICES
PROVIDED IN CONNECTION WITH EXAMINING AND EVALUATING SUCH BLOOD TEST FOR
WOMEN AGED FORTY AND OVER WITH ONE OR MORE FEMALE RELATIVES WITH A PRIOR
HISTORY OF OVARIAN CANCER.
  (2) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to  all
policies issued, renewed, altered or modified on or after such effective
date.