NY State Senate Bill 2017-S1702

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to insurance
Jan 10, 2017	referred to insurance

2017-S1702 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2596
2021-2022: S3268
2023-2024: S7964

2017-S1702 (ACTIVE) - Summary

Relates to coverage for the detection of breast cancer; lowers the age of eligibility for an annual mammogram from 40 to 30 years old; requires coverage for follow-up treatment including biopsies.

2017-S1702 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1702

 TITLE OF BILL :

An act to amend the insurance law, in relation to coverage for the
detection of breast cancer

 PURPOSE :

To amend the insurance law to provide coverage for the detection of
occult breast cancer in women age thirty and older, and to provide
coverage for follow-up diagnostic testing for the detection of breast
cancer.

 SUMMARY OF PROVISIONS :

Section one requires all hospitals, surgical or medical care facility
to provide mammography coverage upon recommendation of a physician,
one at any age for a person having a family history of breast cancer
or who has a first degree relative with prior history of cancer;
baseline screening for women between the ages of twenty-five through
thirty-nine, twenty-nine inclusive, and annual mammogram for covered
persons aged forty starting at age thirty and older.

Section two requires that every insurer providing coverage for
hospital, surgical or medical care shall provide follow-up diagnostic

diagnostic testing for detection of breast cancer, including, biopsies
and shall not be subjected to annual deductibles and coinsurance.

Section three amends sub-paragraph D of the laws of 2016 to add, a
medical expense indemnity corporation that provides coverage for
hospital surgical or medical care shall provide coverage for
mammography screening upon recommendation of a physician, a
mammography screening for any person at any age for a person having a
family history of breast cancer or who has a first degree relative
with prior history of cancer; baseline screening for women between the
ages of twenty-five through thirty-nine, twenty-nine inclusive, and
annual mammogram for covered persons aged forty starting at age thirty

Section four provides effective dates, ninetieth day after it shall
become law.

 JUSTIFICATION :

Breast cancer has been a major crisis among women in the United States
(U.S). Statistically, 1 in 8 U.S. women (about 12%) will develop
invasive breast cancer over the course of her lifetime. In 2016, an
estimated 246,660 new cases of invasive breast cancer are expected to
be diagnosed in women in the U.S., along with 61,000 new cases of
non-invasive breast cancer. In women under 45, breast cancer is more
common in African-American women than white women. Overall,
African-American women are more likely to die of breast cancer. Black
women are more likely than other racial/ethnic groups to be diagnosed
at later stages and have the lowest survival at each stage of
diagnosis.

Continuously, early detection has always been the surest way to
prevent death among women diagnosed with breast cancer. In the African
American community early detection is tired to access to mammography
testing at an earlier age than practiced. In fact, having access to
mammograms by age thirty may be the only way to reduce the death rate
among women diagnosed with breast cancer.

Even though black women historically had lower breast cancer incidence
rates than white women, death rates among black women have
historically been higher, and that has continued. In fact, the
black-white disparity in breast cancer death rates has increased over
time; by 2012, death rates were 42% higher in black women than white
women.

The plain truth is, there are more than 2.8 million women with a
history of breast cancer in the U.S. This includes women currently
being treated and women who have finished treatment. A woman's risk of
breast cancer approximately doubles if she has a first-degree relative
who has been diagnosed with breast cancer. Hence, the need to lower
the age at which women can receive mammograms to detect early evidence
of malignant cell tissues is of paramount importance.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

Unknown

 EFFECTIVE DATE :
ninetieth day after it shall become law.

2017-S1702 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1702
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law,  in  relation  to  coverage  for  the
   detection of breast cancer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (A) of  paragraph  11  of  subsection  (i)  of
 section 3216 of the insurance law, as amended by chapter 219 of the laws
 of  2011,  is  amended  and  a  new subparagraph (G) is added to read as
 follows:
   (A) Every policy that provides  coverage  for  hospital,  surgical  or
 medical  care  shall  provide  the  following  coverage  for mammography
 screening for occult breast cancer:
   (i) upon the recommendation of a physician, a mammogram at any age for
 covered persons having a prior history of breast cancer or  who  have  a
 first degree relative with a prior history of breast cancer;
   (ii)  a  single  baseline  mammogram for covered persons aged [thirty-
 five] TWENTY-FIVE through [thirty-nine] TWENTY-NINE, inclusive; and
   (iii) an annual mammogram for covered persons aged [forty] THIRTY  and
 older.
   (G)  COVERAGE  SHALL  ALSO  BE  PROVIDED, UPON THE RECOMMENDATION OF A
 PHYSICIAN, FOR FOLLOW-UP DIAGNOSTIC TESTING FOR THE DETECTION OF  BREAST
 CANCER,  INCLUDING BREAST BIOPSIES, IN THE EVENT THAT A PHYSICIAN DETER-
 MINES THAT A COVERED PERSON HAS HAD AN ABNORMAL MAMMOGRAM. SUCH  FOLLOW-
 UP  DIAGNOSTIC  TESTING  SHALL  NOT  BE SUBJECT TO ANNUAL DEDUCTIBLES OR
 COINSURANCE.
   § 2. Subparagraph (A) of paragraph 11 of  subsection  (l)  of  section
 3221  of  the  insurance  law,  as amended by chapter 219 of the laws of
 2011, is amended and a new subparagraph (G) is added to read as follows:
   (A) Every insurer delivering a group or blanket policy  or  issuing  a
 group  or blanket policy for delivery in this state that provides cover-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05839-01-7

 S. 1702                             2
 
 age for hospital, surgical or medical care shall provide  the  following
 coverage for mammography screening for occult breast cancer:
   (i) upon the recommendation of a physician, a mammogram at any age for
 covered  persons  having  a prior history of breast cancer or who have a
 first degree relative with a prior history of breast cancer;
   (ii) a single baseline mammogram for  covered  persons  aged  [thirty-
 five] TWENTY-FIVE through [thirty-nine] TWENTY-NINE, inclusive; and
   (iii)  an annual mammogram for covered persons aged [forty] THIRTY and
 older.
   (G) COVERAGE SHALL ALSO BE PROVIDED,  UPON  THE  RECOMMENDATION  OF  A
 PHYSICIAN,  FOR FOLLOW-UP DIAGNOSTIC TESTING FOR THE DETECTION OF BREAST
 CANCER, INCLUDING BREAST BIOPSIES, IN THE EVENT THAT A PHYSICIAN  DETER-
 MINES  THAT A COVERED PERSON HAS HAD AN ABNORMAL MAMMOGRAM. SUCH FOLLOW-
 UP DIAGNOSTIC TESTING SHALL NOT BE  SUBJECT  TO  ANNUAL  DEDUCTIBLES  OR
 COINSURANCE.
   §  3.  Paragraph  1 of subsection (p) of section 4303 of the insurance
 law, as amended by chapter 219 of the laws of 2011, subparagraph (D)  as
 amended  by  chapter  74 of the laws of 2016, is amended and a new para-
 graph 6 is added to read as follows:
   (1) A medical expense indemnity corporation, a hospital service corpo-
 ration or a health service corporation that provides coverage for hospi-
 tal, surgical or medical care shall provide the following  coverage  for
 mammography screening for occult breast cancer:
   (A) upon the recommendation of a physician, a mammogram at any age for
 covered  persons  having  a prior history of breast cancer or who have a
 first degree relative with a prior history of breast cancer;
   (B) a single baseline mammogram for covered persons aged [thirty-five]
 TWENTY-FIVE through [thirty-nine] TWENTY-NINE, inclusive; and
   (C) an annual mammogram for covered persons aged  [forty]  THIRTY  and
 older.
   (D)  The  coverage required in this paragraph or paragraph two of this
 subsection shall not be subject to annual deductibles or coinsurance.
   (6) COVERAGE SHALL ALSO BE PROVIDED,  UPON  THE  RECOMMENDATION  OF  A
 PHYSICIAN,  FOR FOLLOW-UP DIAGNOSTIC TESTING FOR THE DETECTION OF BREAST
 CANCER, INCLUDING BREAST BIOPSIES, IN THE EVENT THAT A PHYSICIAN  DETER-
 MINES  THAT A COVERED PERSON HAS HAD AN ABNORMAL MAMMOGRAM. SUCH FOLLOW-
 UP DIAGNOSTIC TESTING SHALL NOT BE  SUBJECT  TO  ANNUAL  DEDUCTIBLES  OR
 COINSURANCE.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to all policies and contracts  issued,
 renewed, modified, altered or amended on or after such date.

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Senate Bill S1702

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

2017-S1702 (ACTIVE) - Details

2017-S1702 (ACTIVE) - Summary

2017-S1702 (ACTIVE) - Sponsor Memo

2017-S1702 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1702

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Insurance Committee

2017-S1702 (ACTIVE) - Details

2017-S1702 (ACTIVE) - Summary

2017-S1702 (ACTIVE) - Sponsor Memo

2017-S1702 (ACTIVE) - Bill Text download pdf

Comments