S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8683--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 Introduced by M. of A. GOTTFRIED, GALEF -- read once and referred to the
   Committee on Insurance -- recommitted to the Committee on Insurance in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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:
 
   Section  1. Section 2404-a of the public health law, as added by chap-
 ter 141 of the laws of 1997, is amended to read as follows:
   § 2404-a. Prostate cancer; duty to inform. 1. The  commissioner  shall
 develop a standardized written summary, in plain non-technical language,
 which shall explain the following:
   (a) the symptoms and risk factors for prostate cancer;
   (b)  the available methods for the detection and diagnosis of prostate
 cancer, including information on the relative accuracy of the  available
 detection and diagnostic techniques;
   (C)  THE  AVAILABILITY  OF INSURANCE COVERAGE FOR DIAGNOSTIC SCREENING
 FOR PROSTATE CANCER WITHOUT COST SHARING PURSUANT TO SUBPARAGRAPH (B) OF
 PARAGRAPH ELEVEN-A OF SUBSECTION  (I)  OF  SECTION  THREE  THOUSAND  TWO
 HUNDRED  SIXTEEN,  SUBPARAGRAPH  (B) OF PARAGRAPH ELEVEN-A OF SUBSECTION
 (1) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE AND  PARAGRAPH  TWO
 OF  SUBSECTION (Z-1) OF SECTION FOUR THOUSAND THREE HUNDRED THREE OF THE
 INSURANCE LAW; and
   [(c)]  (D)  the  alternative  medically  viable  methods  of  treating
 prostate  cancer,  including  but not limited to hormonal, radiological,
 chemotherapeutic or surgical treatments, or  combinations  thereof.  The
 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.
                                                            LBD13496-03-8
              

 A. 8683--A                          2
 
 other pertinent information to aid a person  in  deciding  a  course  of
 treatment. The summary shall be updated as is necessary.
   [(d)]  2. The summary shall be provided to any health care provider or
 practitioner providing medical treatment to adult men without charge  or
 fee  for distribution in accordance with subdivision [two] THREE of this
 section.
   [2.] 3. The standardized written summary provided for  by  subdivision
 one  of  this  section may be provided by a health care provider to each
 person under [his/her] HIS OR HER care who is or  may  be  at  risk  for
 prostate  cancer or who has been diagnosed to be afflicted with prostate
 cancer upon said diagnosis, or as soon thereafter as practicable.
   [3.] 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.
   [4.]  5.  The commissioner shall have the written summary, required by
 this section, completed and prepared for distribution on or before Janu-
 ary first, nineteen hundred ninety-eight.
   § 2. Subparagraph (B) of paragraph 11-a of subsection (i)  of  section
 3216  of the insurance law, as added by chapter 601 of the laws of 2000,
 is amended to read as follows:
   (B) Such coverage [may] SHALL NOT be  subject  to  annual  deductibles
 [and] OR coinsurance [as may be deemed appropriate by the superintendent
 and as are consistent with those established for other benefits within a
 given policy].
   §  3.  Subparagraph (B) of paragraph 11-a of subsection (1) of section
 3221 of the insurance law, as added by chapter 601 of the laws of  2000,
 is amended to read as follows:
   (B)  Such  coverage  [may]  SHALL NOT be subject to annual deductibles
 [and] OR coinsurance [as may be deemed appropriate by the superintendent
 and as are consistent with those established for other benefits within a
 given policy].
   § 4. Paragraph 2 of subsection (z-1) of section 4303 of the  insurance
 law,  as added by chapter 601 of the laws of 2000, is amended to read as
 follows:
   (2) Such coverage [may] SHALL NOT be  subject  to  annual  deductibles
 [and] OR coinsurance [as may be deemed appropriate by the superintendent
 and as are consistent with those established for other benefits within a
 given policy].
   §  5.  This act shall take effect immediately, and sections two, three
 and four of this act shall apply to all policies and  contracts  issued,
 renewed, modified or amended on or after January 1, 2019.