NY State Senate Bill 2019-S3307

Senate Bill S3307

2019-2020 Legislative Session

Provides that policies which provide hospital, surgical or medical coverage shall provide coverage for hysterectomies

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to insurance
Feb 05, 2019	referred to insurance

2019-S3307 (ACTIVE) - Details

See Assembly Version of this Bill:: A6880
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2464
2011-2012: S3833
2013-2014: S2887
2015-2016: S2402, A3457
2017-2018: S4341, A6261
2021-2022: A3182
2023-2024: A6007

2019-S3307 (ACTIVE) - Summary

Provides that insurance policies which provide hospital, surgical or medical coverage shall provide coverage for hysterectomies; provides that such coverage shall include inpatient hospital coverage for a minimum period of seventy-two hours after surgery.

2019-S3307 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3307

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the insurance law, in relation to
coverage of hysterectomies

 
PURPOSE:

To require policies which provide hospital, surgical or medical coverage
to also provide coverage for hysterectomies including inpatient hospital
coverage for a minimum period of seventy-two hours after surgery.

 
SUMMARY OF PROVISION:

Section 1. Amends subsection (i) of section 3216 of the insurance law by
adding a new paragraph 34.

Section 2. Amends subsection (1) of section 3221 of the insurance law by
adding a new paragraph 20.

Section 3. Amends section 4303 of the insurance law by adding a new

subsection (rr)

 
JUSTIFICATION:

Certain health insurance carrier, health maintenance organizations,
health plans and hospitals have been restricting coverage and care with
respect to the length of hospital stay following hysterectomies in ways
that jeopardize the life and health of women and violate reasonable
professional standards. The provisions of this act are necessary to
provide a reasonable and uniform standard of coverage and care to
protect the public health.

The intent of this legislation is to require policies which provide
hospital, surgical or medical coverage to include inpatient hospital
coverage for a minimum period of seventy-two hours after surgery.
Hysterectomies are invasive surgical procedure which require ample tie
from which to recover.

 
LEGISLATIVE HISTORY:

2017-18 S.4341/A.6261;
2015-16 S.2402A/A.3457A;
2013-14 S.2887;
2011  S.3833;
2009-10 S.2464;
2007-08 S.1564;
2005-06 S.5636

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law and shall apply to all policies entered into or
renewed on and after such effective date.

2019-S3307 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3307
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sen. LAVALLE -- 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 of  hysterec-
   tomies
 
   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 35 to read as follows:
   (35)  (A)  EVERY  POLICY  WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL
 COVERAGE, OR SIMILAR COMPREHENSIVE TYPE COVERAGE, SHALL PROVIDE COVERAGE
 FOR ALL COST FOR HYSTERECTOMIES. SUCH COVERAGE SHALL  INCLUDE  INPATIENT
 HOSPITAL  COVERAGE  FOR  A  MINIMUM  PERIOD  OF  SEVENTY-TWO HOURS AFTER
 SURGERY.
   (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.
   (C) COVERAGE UNDER THIS PARAGRAPH  SHALL  NOT  RESTRICT  OR  ELIMINATE
 EXISTING  COVERAGE  PROVIDED BY THE POLICY AND NOTHING IN THIS PARAGRAPH
 SHALL BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT  OR
 BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 21 to read as follows:
   (21)  (A) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIV-
 ERY IN THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE,
 OR SIMILAR COMPREHENSIVE TYPE COVERAGE, SHALL PROVIDE COVERAGE  FOR  ALL
 COST  FOR HYSTERECTOMIES. SUCH COVERAGE SHALL INCLUDE INPATIENT HOSPITAL
 COVERAGE FOR A MINIMUM PERIOD OF SEVENTY-TWO HOURS AFTER SURGERY.
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08038-01-9

 S. 3307                             2
 
   (C) COVERAGE UNDER THIS PARAGRAPH  SHALL  NOT  RESTRICT  OR  ELIMINATE
 EXISTING  COVERAGE  PROVIDED BY THE POLICY AND NOTHING IN THIS PARAGRAPH
 SHALL BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT  OR
 BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ss) to read as follows:
   (SS) 1. EVERY MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL  SERVICE
 CORPORATION  AND  HEALTH  SERVICE  CORPORATION  WHICH PROVIDES HOSPITAL,
 SURGICAL OR MEDICAL COVERAGE, OR SIMILAR  COMPREHENSIVE  TYPE  COVERAGE,
 SHALL  PROVIDE  COVERAGE  FOR ALL COST FOR HYSTERECTOMIES. SUCH COVERAGE
 SHALL INCLUDE INPATIENT HOSPITAL COVERAGE FOR A MINIMUM PERIOD OF SEVEN-
 TY-TWO HOURS AFTER SURGERY.
   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.
   3.  COVERAGE  UNDER  THIS  SUBSECTION  SHALL NOT RESTRICT OR ELIMINATE
 EXISTING COVERAGE PROVIDED BY THE POLICY AND NOTHING IN THIS  SUBSECTION
 SHALL  BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT OR
 BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law and shall apply to all policies entered  into
 or renewed on and after such effective date.

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