S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10257
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Cruz) --
   read once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law,  the  social  services  law  and  the
   public  health  law,  in  relation to requiring insurance companies to
   reimburse all health care practitioners at the same rate for  cervical
   cytology screening

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (B) of  paragraph  15  of  subsection  (i)  of
 section 3216 of the insurance law, as amended by chapter 219 of the laws
 of 2011, is amended to read as follows:
   (B)  For  purposes  of  subparagraphs  (A)  and (C) of this paragraph,
 cervical cytology screening shall include an annual pelvic  examination,
 collection and preparation of a Pap smear, and laboratory and diagnostic
 services  provided  in  connection with examining and evaluating the Pap
 smear. AN INSURER SHALL PROVIDE  THE  SAME  RATE  OF  REIMBURSEMENT  FOR
 CERVICAL  CYTOLOGY  SCREENING  WHETHER  SUCH SCREENING IS PERFORMED BY A
 LICENSED HEALTH CARE PRACTITIONER OR BY A PROVIDER OF OBSTETRICAL AND/OR
 GYNECOLOGIC SERVICES.
   § 2. Subparagraph (B) of paragraph 14 of  subsection  (l)  of  section
 3221  of  the  insurance  law,  as amended by chapter 219 of the laws of
 2011, is amended to read as follows:
   (B) For purposes of subparagraphs  (A)  and  (C)  of  this  paragraph,
 cervical  cytology screening shall include an annual pelvic examination,
 collection and preparation of a Pap smear, and laboratory and diagnostic
 services provided in connection with examining and  evaluating  the  Pap
 smear.  AN  INSURER  SHALL  PROVIDE  THE  SAME RATE OF REIMBURSEMENT FOR
 CERVICAL CYTOLOGY SCREENING WHETHER SUCH SCREENING  IS  PERFORMED  BY  A
 LICENSED HEALTH CARE PRACTITIONER OR BY A PROVIDER OF OBSTETRICAL AND/OR
 GYNECOLOGIC SERVICES.
   §  3.  Paragraph  2 of subsection (t) of section 4303 of the insurance
 law, as amended by chapter 219 of the laws of 2011, is amended  to  read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11854-02-1
              

 A. 10257                            2
 
   (2) For purposes of paragraph one of this subsection, cervical cytolo-
 gy  screening shall include an annual pelvic examination, collection and
 preparation of a Pap  smear,  and  laboratory  and  diagnostic  services
 provided  in  connection with examining and evaluating the Pap smear. AN
 INSURER SHALL PROVIDE THE SAME RATE OF REIMBURSEMENT FOR CERVICAL CYTOL-
 OGY  SCREENING  WHETHER SUCH SCREENING IS PERFORMED BY A LICENSED HEALTH
 CARE PRACTITIONER OR BY A PROVIDER  OF  OBSTETRICAL  AND/OR  GYNECOLOGIC
 SERVICES.
   § 4. Section 364-j is amended by adding a new subdivision 18-a to read
 as follows:
   18-A.  MANAGED CARE PROVIDERS SHALL BE REIMBURSED AT THE SAME RATE FOR
 CERVICAL CYTOLOGY SCREENING, INCLUDING BUT NOT LIMITED TO  THE  PREPARA-
 TION  OF  A  PAP SMEAR, WHETHER SUCH SCREENING IS PERFORMED BY A PRIMARY
 CARE PRACTITIONER OR BY  A  MEDICAL  SERVICES  PROVIDER  OF  OBSTETRICAL
 AND/OR GYNECOLOGIC SERVICES.
   §  5. Title 6 of article 2 of the public health law, as added by chap-
 ter 342 of the laws of 2014, is amended by adding a new section 266-a to
 read as follows:
   § 266-A. CERVICAL CYTOLOGY SCREENING. NOTWITHSTANDING ANY PROVISION OF
 LAW TO THE CONTRARY, A PRIMARY CARE PRACTITIONER  SHALL  NOT  REFUSE  TO
 PERFORM  CERVICAL  CYTOLOGY  SCREENING, INCLUDING BUT NOT LIMITED TO THE
 PREPARATION OF A PAP SMEAR, DURING A PATIENT'S REGULAR ANNUAL CHECKUP OR
 FOR NEW PATIENTS WHO HAVE NOT HAD A PAP SMEAR DONE  BY  A  PRIMARY  CARE
 PRACTITIONER OR BY A PROVIDER OF OBSTETRICAL AND/OR GYNECOLOGIC SERVICES
 WITHIN THE PRECEDING TWELVE MONTHS.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a law; provided however, that the amendments to
 section 364-j of the social services law made by section  four  of  this
 act  shall  not  affect  the  repeal of such section and shall be deemed
 repealed therewith.   Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.