S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3852
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2019
                                ___________
 
 Introduced  by  Sens. MARTINEZ, BOYLE -- 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  enacting  "Shannon's
   Law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 "Shannon's Law".
   §  2.  Subparagraph  (A)  of paragraph 11 of subsection (i) of section
 3216 of the insurance law, as amended by chapter  414  of  the  laws  of
 2017, is amended 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, which may be
 provided by breast tomosynthesis, 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, which  may  be  provided  by  breast
 tomosynthesis, for covered persons aged thirty-five through thirty-nine,
 inclusive; [and]
   (iii)  UPON THE RECOMMENDATION OF A PHYSICIAN, AN ANNUAL MAMMOGRAM FOR
 COVERED PERSONS AGED THIRTY-FIVE THROUGH THIRTY-NINE, INCLUSIVE; AND
   (IV) an annual mammogram, which may be provided by breast  tomosynthe-
 sis, for covered persons aged forty and older.
   §  3.  Subparagraph  (A)  of paragraph 11 of subsection (l) of section
 3221 of the insurance law, as amended by chapter  414  of  the  laws  of
 2017, is amended 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.
                                                            LBD09044-01-9
              

 S. 3852                             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, which may be
 provided by breast tomosynthesis, 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, which  may  be  provided  by  breast
 tomosynthesis, for covered persons aged thirty-five through thirty-nine,
 inclusive; [and]
   (iii)  UPON THE RECOMMENDATION OF A PHYSICIAN, AN ANNUAL MAMMOGRAM FOR
 COVERED PERSONS AGED THIRTY-FIVE THROUGH THIRTY-NINE, INCLUSIVE; AND
   (IV) an annual mammogram, which may be provided by breast  tomosynthe-
 sis, for covered persons aged forty and older.
   §  4.  Subparagraphs (B), (C) and (D) of paragraph 1 of subsection (p)
 of section 4303 of the insurance  law,  subparagraphs  (B)  and  (C)  as
 amended  by chapter 414 of the laws of 2017, subparagraph (D) as amended
 by chapter 74 of the laws of 2016, are amended to read as follows:
   (B) a single baseline mammogram, which may be provided by breast tomo-
 synthesis, for covered persons  aged  thirty-five  through  thirty-nine,
 inclusive; [and]
   (C)  UPON  THE  RECOMMENDATION OF A PHYSICIAN, AN ANNUAL MAMMOGRAM FOR
 COVERED PERSONS AGED THIRTY-FIVE THROUGH THIRTY-NINE, INCLUSIVE; AND
   (D) an annual mammogram, which may be provided by breast tomosythesis,
 for covered persons aged forty and older[.]; AND
   [(D)] (E) The coverage required in this paragraph or paragraph two  of
 this  subsection  shall  not be subject to annual deductibles or coinsu-
 rance.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law,  and shall apply to policies and contracts issued,
 renewed, modified, altered or amended on or after such effective date.