S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    605
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. BENJAMIN, KENNEDY, RIVERA, SEPULVEDA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation  to  entitling  employees  to
   take one day off every ten years to obtain a colonoscopy; and to amend
   the  insurance  law,  in  relation to providing insurance coverage for
   colonoscopies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known and may be cited as "45 saves
 lives".
   § 2. The labor law is amended by adding a new section 202-n to read as
 follows:
   § 202-N. LEAVE OF ABSENCE FOR COLONOSCOPIES. 1. FOR  THE  PURPOSES  OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "EMPLOYEE"  MEANS  A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN
 EMPLOYER, FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND  INCLUDES
 ALL  INDIVIDUALS  EMPLOYED  AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER
 BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
   (B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS  TWENTY  OR  MORE
 EMPLOYEES  AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION,
 PARTNERSHIP, ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF  PERSONS,
 STATE,  COUNTY,  TOWN,  CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER
 GOVERNMENTAL SUBDIVISION OF ANY KIND.
   2. AN EMPLOYER SHALL GRANT ONE DAY OF LEAVE OF ABSENCE EVERY TEN YEARS
 TO ALL EMPLOYEES FORTY-FIVE YEARS OF AGE OR OLDER FOR  THE  PURPOSES  OF
 SUCH EMPLOYEES' OBTAINMENT OF A COLONOSCOPY.
   3.  AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING
 OR OBTAINING A LEAVE OF ABSENCE UNDER THIS SECTION.
   4. THIS SECTION SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT  TO
 ANY OTHER EMPLOYEE BENEFIT OTHERWISE PROVIDED BY LAW.
   § 3. Subsection (i) of section 3216 of the insurance law is amended by
              

 adding a new paragraph 36 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02041-02-1

 S. 605                              2
 
   (36)  EVERY  POLICY  WHICH  PROVIDES COVERAGE PURSUANT TO THIS SECTION
 SHALL PROVIDE COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER  PERSON  COVERED
 THEREUNDER  FORTY-FIVE  YEARS  OF  AGE OR OLDER FOR EXPENSES INCURRED IN
 OBTAINING A COLONOSCOPY.   PROVIDED, HOWEVER, THAT IF  A  SUBSCRIBER  OR
 PERSON  COVERED  THEREUNDER IS A MEMBER OF A HIGH-RISK GROUP PREDISPOSED
 TO COLON CANCER BASED ON FAMILY OR GENETIC HISTORY, SUCH COVERAGE  SHALL
 BE  REQUIRED  AT  AGE FORTY, PROVIDED THAT FOR INDIVIDUALS WITH A FAMILY
 HISTORY OF COLON CANCER IN A FIRST DEGREE RELATIVE SUCH  COVERAGE  SHALL
 BE  REQUIRED  TEN  YEARS  BEFORE THE FIRST DEGREE RELATIVE WHO DEVELOPED
 COLON CANCER AT THE YOUNGEST AGE IF THIS WOULD REQUIRE  COVERAGE  BEFORE
 THE AGE OF FORTY. SUCH COVERAGE SHALL INCLUDE DIAGNOSTIC AND THERAPEUTIC
 COLONOSCOPIES,  POLYP  REMOVAL  AND  ANCILLARY  FEES. ANCILLARY FEES FOR
 COLONOSCOPIES SHALL INCLUDE, BUT NOT BE LIMITED TO, AMBULATORY,  SURGERY
 CENTER AND HOSPITAL FEES, ANESTHESIA AND PATHOLOGY COSTS AND POLYP EXAM-
 INATION AND BIOPSY.  SUCH COVERAGE SHALL NOT BE REQUIRED FOR FECAL IMMU-
 NOCHEMICAL  TESTING.  SUCH COVERAGE SHALL NOT BE SUBJECT TO DEDUCTIBLES,
 COINSURANCE OR COPAYMENTS.
   § 4. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) EVERY POLICY WHICH PROVIDES COVERAGE  PURSUANT  TO  THIS  SECTION
 SHALL  PROVIDE  COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER PERSON COVERED
 THEREUNDER FORTY-FIVE YEARS OF AGE OR OLDER  FOR  EXPENSES  INCURRED  IN
 OBTAINING  A  COLONOSCOPY.    PROVIDED, HOWEVER, THAT IF A SUBSCRIBER OR
 PERSON COVERED THEREUNDER IS A MEMBER OF A HIGH-RISK  GROUP  PREDISPOSED
 TO  COLON CANCER BASED ON FAMILY OR GENETIC HISTORY, SUCH COVERAGE SHALL
 BE REQUIRED AT AGE FORTY, PROVIDED THAT FOR INDIVIDUALS  WITH  A  FAMILY
 HISTORY  OF  COLON CANCER IN A FIRST DEGREE RELATIVE SUCH COVERAGE SHALL
 BE REQUIRED TEN YEARS BEFORE THE FIRST  DEGREE  RELATIVE  WHO  DEVELOPED
 COLON  CANCER  AT THE YOUNGEST AGE IF THIS WOULD REQUIRE COVERAGE BEFORE
 THE AGE OF FORTY. SUCH COVERAGE SHALL INCLUDE DIAGNOSTIC AND THERAPEUTIC
 COLONOSCOPIES, POLYP REMOVAL AND  ANCILLARY  FEES.  ANCILLARY  FEES  FOR
 COLONOSCOPIES  SHALL INCLUDE, BUT NOT BE LIMITED TO, AMBULATORY, SURGERY
 CENTER AND HOSPITAL FEES, ANESTHESIA AND PATHOLOGY COSTS AND POLYP EXAM-
 INATION AND BIOPSY. SUCH COVERAGE SHALL NOT BE REQUIRED FOR FECAL  IMMU-
 NOCHEMICAL  TESTING.  SUCH COVERAGE SHALL NOT BE SUBJECT TO DEDUCTIBLES,
 COINSURANCE OR COPAYMENTS.
   § 5. Subsection (a) of section 4303 of the insurance law is amended by
 adding a new paragraph 4 to read as follows:
   (4) FOR COLONOSCOPIES TO PERSONS FORTY-FIVE YEARS  OF  AGE  OR  OLDER.
 PROVIDED,  HOWEVER, THAT IF A SUBSCRIBER OR PERSON COVERED THEREUNDER IS
 A MEMBER OF A HIGH-RISK GROUP PREDISPOSED TO COLON CANCER BASED ON FAMI-
 LY OR GENETIC HISTORY, SUCH COVERAGE SHALL BE  REQUIRED  AT  AGE  FORTY,
 PROVIDED THAT FOR INDIVIDUALS WITH A FAMILY HISTORY OF COLON CANCER IN A
 FIRST  DEGREE  RELATIVE SUCH COVERAGE SHALL BE REQUIRED TEN YEARS BEFORE
 THE FIRST DEGREE RELATIVE WHO DEVELOPED COLON CANCER AT THE YOUNGEST AGE
 IF THIS WOULD REQUIRE COVERAGE BEFORE THE AGE OF  FORTY.  SUCH  COVERAGE
 SHALL  INCLUDE  DIAGNOSTIC  AND THERAPEUTIC COLONOSCOPIES, POLYP REMOVAL
 AND ANCILLARY FEES. ANCILLARY FEES FOR COLONOSCOPIES SHALL INCLUDE,  BUT
 NOT  BE  LIMITED TO, AMBULATORY, SURGERY CENTER AND HOSPITAL FEES, ANES-
 THESIA AND PATHOLOGY COSTS AND POLYP EXAMINATION AND BIOPSY. SUCH COVER-
 AGE SHALL NOT BE REQUIRED FOR FECAL IMMUNOCHEMICAL TESTING. SUCH  COVER-
 AGE SHALL NOT BE SUBJECT TO DEDUCTIBLES, COINSURANCE OR COPAYMENTS.
   §  6.  This  act  shall take effect immediately and shall apply to any
 policy issued, delivered, renewed,  and/or  modified  on  or  after  the
 effective date of this act.