S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    141
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT -- read once and referred
   to the Committee on Insurance
 
 AN  ACT  to  amend  the  insurance  law, in relation to providing health
   insurance coverage for scalp cooling  for  the  preservation  of  hair
   during cancer chemotherapy treatment

   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 12-b to read as follows:
   (12-B) (A) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
 THAT  PROVIDES  MEDICAL,  MAJOR  MEDICAL,  OR SIMILAR COMPREHENSIVE-TYPE
 COVERAGE AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND ALSO  PROVIDES
 COVERAGE  FOR  CANCER  CHEMOTHERAPY TREATMENT SHALL PROVIDE COVERAGE FOR
 SCALP COOLING. SUCH COVERAGE MAY BE SUBJECT TO CO-PAYS,  COINSURANCE  OR
 DEDUCTIBLES,  PROVIDED  THAT THE CO-PAYS, COINSURANCE OR DEDUCTIBLES ARE
 AT LEAST AS FAVORABLE TO AN  INSURED  AS  THE  CO-PAYS,  COINSURANCE  OR
 DEDUCTIBLES  THAT APPLY TO COVERAGE FOR INTRAVENOUS OR INJECTED ANTICAN-
 CER MEDICATIONS.
   (B) FOR THE PURPOSES OF THIS  PARAGRAPH,  "SCALP  COOLING"  MEANS  ANY
 COOLING  CAP,  HYPOTHERMIA  CAP,  COLD CAP OR ANY OTHER DEVICE USED AS A
 THERAPEUTIC DEVICE TO COOL THE HUMAN SCALP TO  PREVENT  OR  REDUCE  HAIR
 LOSS DURING CHEMOTHERAPY.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 12-b to read as follows:
   (12-B) (A) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
 THAT  PROVIDES  MEDICAL,  MAJOR  MEDICAL,  OR SIMILAR COMPREHENSIVE-TYPE
 COVERAGE AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND ALSO  PROVIDES
 COVERAGE  FOR  CANCER  CHEMOTHERAPY TREATMENT SHALL PROVIDE COVERAGE FOR
 SCALP COOLING. SUCH COVERAGE MAY BE SUBJECT TO CO-PAYS,  COINSURANCE  OR
 DEDUCTIBLES,  PROVIDED  THAT THE CO-PAYS, COINSURANCE OR DEDUCTIBLES ARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00432-01-1

 A. 141                              2
 
 AT LEAST AS FAVORABLE TO AN  INSURED  AS  THE  CO-PAYS,  COINSURANCE  OR
 DEDUCTIBLES  THAT APPLY TO COVERAGE FOR INTRAVENOUS OR INJECTED ANTICAN-
 CER MEDICATIONS.
   (B)  FOR  THE  PURPOSES  OF  THIS PARAGRAPH, "SCALP COOLING" MEANS ANY
 COOLING CAP, HYPOTHERMIA CAP, COLD CAP OR ANY OTHER  DEVICE  USED  AS  A
 THERAPEUTIC  DEVICE  TO  COOL  THE HUMAN SCALP TO PREVENT OR REDUCE HAIR
 LOSS DURING CHEMOTHERAPY.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (q-2) to read as follows:
   (Q-2)  (1) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
 THAT PROVIDES MEDICAL,  MAJOR  MEDICAL,  OR  SIMILAR  COMPREHENSIVE-TYPE
 COVERAGE  AND PROVIDES COVERAGE FOR PRESCRIPTION DRUGS AND ALSO PROVIDES
 COVERAGE FOR CANCER CHEMOTHERAPY TREATMENT SHALL  PROVIDE  COVERAGE  FOR
 SCALP  COOLING.  SUCH COVERAGE MAY BE SUBJECT TO CO-PAYS, COINSURANCE OR
 DEDUCTIBLES, PROVIDED THAT THE CO-PAYS, COINSURANCE OR  DEDUCTIBLES  ARE
 AT  LEAST  AS  FAVORABLE  TO  AN  INSURED AS THE CO-PAYS, COINSURANCE OR
 DEDUCTIBLES THAT APPLY TO COVERAGE FOR INTRAVENOUS OR INJECTED  ANTICAN-
 CER MEDICATIONS.
   (2)  FOR  THE  PURPOSES  OF THIS SUBSECTION, "SCALP COOLING" MEANS ANY
 COOLING CAP, HYPOTHERMIA CAP, COLD CAP OR ANY OTHER  DEVICE  USED  AS  A
 THERAPEUTIC  DEVICE  TO  COOL  THE HUMAN SCALP TO PREVENT OR REDUCE HAIR
 LOSS DURING CHEMOTHERAPY.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.