NY State Senate Bill 2021-S9258

Senate Bill S9258

2021-2022 Legislative Session

Requires the New York state cancer services program to provide various cancer screenings and diagnostic services at no cost; appropriation

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Archive: Last Bill Status - In Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2022	referred to finance

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2021-S9258 (ACTIVE) - Details

See Assembly Version of this Bill:: A10535
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Amd §§2405, 2408, 2409 & 2409-a, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S2377, A3410

2021-S9258 (ACTIVE) - Summary

Requires the New York state cancer services program to provide various cancer screenings and diagnostic services at no cost to certain persons and to provide informational pamphlets on such cancers.

2021-S9258 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9258                Revised 5/13/2022

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring the New
York state cancer services program to provide breast cancer, cervical
cancer, colon cancer, prostate cancer, testicular cancer and ovarian
cancer screenings and diagnostic services at no cost to certain people;
and making an appropriation therefor

 
PURPOSE:

This bill requires New York state cancer services program to provide
various cancer screenings and diagnostic services at no cost; appropri-
ation

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 2 of section 2405 of the public health law is
amended to include cancer screening and diagnostic services for cancers
including, but not limited to, breast cancer, cervical cancer, colon

cancer, prostate cancer, testicular cancer and ovarian cancer. The
department to produce an informational pamphlet pertaining the cancers
mentioned above for educational purposes.

Section 2. Section 2408 of the public health law is amended to include,
ovarian, colon, prostate and testicular cancer in the commissioner's
annual report to be submitted to the governor and the legislature.
Section 3. Section 2409 of the public health law is amended to include
breast, cervical, ovarian, colon, prostate and testicular in the cancer
information program.

Section 4. Subdivisions 1 and 3 of section 2409-a of the public health
law is amended to include colon cancer as part of the department's
cancer and education program advisory council.

Section 5. Increase funding for the NYS Cancer Services Program (CSP) to
$26.8 Million

Section 6 provides for the effective date.

 
JUSTIFICATION:

The American Cancer Society estimates that 120,000 new cancer cases will
be diagnosed in New York, and over 35,000 cancer deaths will occur in
2021, making cancer the second leading cause of death in the state.
Cancer patients, particularly those without health insurance, have long
faced significant barriers to accessing care.COVID-19 has magnified
these barriers, with 46% of cancer patients and survivors reporting a
change in their ability to pay for care due to the pandemic and 79%
experiencing delays in active treatment.

Various studies at institutions in the United States have shown a
substantial decline in cancer screening rates during the COVID-19
pandemic, suggesting that fewer cancers will be detected by screening;
when they do manifest, they will be at more advanced.  Shortly after the
start of the pandemic, cancer-related mortality rates have increased at

an alarming rate across all population groups. During the pandemic, a
disturbing trend has been witnessed.

Health disparities across populations from racial and ethnic minority
groups are more likely to be uninsured, increasing the likelihood of
being diagnosed with advanced cancer. The 5-year relative survival rate
is lower in Blacks than in Whites for every stage of diagnosis.  The
purpose of this legislation is to enable the early detection of cancer.
Early detection increases the chances of successful treatment, improves
survival rates, and saves New York overall on medical costs.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Increase funding for the NYS Cancer Services Program (CSP) to $26.8
Million

 
EFFECTIVE DATE:
This bill would take effect on the ninetieth day after it shall have
become a law.

2021-S9258 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9258
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the public health law, in relation to requiring the  New
   York  state cancer services program to provide breast cancer, cervical
   cancer, colon cancer, prostate cancer, testicular cancer  and  ovarian
   cancer  screenings  and  diagnostic  services  at  no  cost to certain
   people; and making an appropriation therefor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 2405 of the public health law, as
 amended by section 2 of part A of chapter 109 of the laws  of  2010,  is
 amended to read as follows:
   2. The program shall include:
   (a)  establishment  of  a  statewide  public  education  and  outreach
 campaign to publicize evidence  based  cancer  detection  and  education
 services,  such  campaign  shall  include:  general community education,
 outreach to specific underserved populations,  evidence  based  clinical
 cancer  screening  services,  and  an  informational  summary that shall
 include an explanation of the importance of  clinical  examinations  and
 what  to  expect  during  clinical  examinations  and  cancer  screening
 services;
   (b) provision of grants to approved organizations under section  twen-
 ty-four hundred six of this title;
   (c)  compilation of data concerning the cancer detection and education
 program and dissemination of the data to the public; [and]
   (d) development of professional education programs including the bene-
 fits of early detection of cancer and clinical examinations, the  recom-
 mended frequency of clinical examinations and cancer screening services,
 and professionally recognized best practices guidelines;
   (E)  A  REQUIREMENT  OF  PROVIDING  CANCER  SCREENING  AND  DIAGNOSTIC
 SERVICES FOR CANCERS INCLUDING,  BUT  NOT  LIMITED  TO,  BREAST  CANCER,
 CERVICAL  CANCER,  COLON  CANCER, PROSTATE CANCER, TESTICULAR CANCER AND
 OVARIAN CANCER; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15401-01-2

 S. 9258                             2
 
   (F) AN INFORMATIONAL PAMPHLET PERTAINING TO  BREAST  CANCER,  CERVICAL
 CANCER,  COLON  CANCER,  PROSTATE  CANCER, TESTICULAR CANCER AND OVARIAN
 CANCER INCLUDING, BUT NOT LIMITED TO: INFORMATION  ON  EARLY  DETECTIONS
 AND  TREATMENTS  OF SUCH CANCERS; CONTACT INFORMATION, INCLUDING BUT NOT
 LIMITED  TO,  THE PROGRAM'S PHONE NUMBER, CONTACT EMAIL, AND WEBSITE FOR
 THE PURPOSES OF THE  DEPARTMENT  EDUCATING  PATIENTS;  AND  A  TELEPHONE
 NUMBER  FOR THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT IN THE DEPARTMENT
 AND THE OFFICE OF THE PROFESSIONS IN THE  DEPARTMENT  OF  EDUCATION,  AT
 WHICH  A  PATIENT  MAY  REPORT ANY MISCONDUCT THAT THE PATIENT FEELS MAY
 HAVE OCCURRED.   THE INFORMATIONAL PAMPHLET SHALL BE POSTED AS A  PRINT-
 ABLE  FILE  ON  THE  DEPARTMENT'S  INTERNET WEBSITE AND MAY ALSO BE MADE
 AVAILABLE FOR ORDER AS A PRINTED  DELIVERABLE ON THE DEPARTMENT'S INTER-
 NET WEBSITE.  THE INFORMATIONAL PAMPHLET SHALL BE WRITTEN IN LAYPERSON'S
 LANGUAGE AND SHALL BE MADE AVAILABLE IN ENGLISH AND THE SIX MOST  COMMON
 NON-ENGLISH  LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFI-
 CIENCY IN NEW YORK STATE AS BASED ON THE MOST RECENT CENSUS.
   § 2. Section 2408 of the public health law, as amended by chapter  430
 of the laws of 2005, is amended to read as follows:
   §  2408.  Annual  report.  The  commissioner shall submit on or before
 December first, an annual report to the  governor  and  the  legislature
 concerning  the operation of the breast [and], cervical, OVARIAN, COLON,
 PROSTATE  AND  TESTICULAR  cancer  detection  and   education   program.
 [Commencing  in  nineteen  hundred ninety-five, such] SUCH reports shall
 include the experience of the program  in  providing  BREAST,  cervical,
 OVARIAN, COLON, PROSTATE AND TESTICULAR cancer early detection and diag-
 nostic  services.  The annual report shall include strategies for imple-
 mentation of the BREAST, cervical, OVARIAN, COLON, PROSTATE AND TESTICU-
 LAR cancer prevention plan and for promoting the  plan  to  the  general
 public,  state  and  local  elected  officials,  and  various public and
 private organizations, associations, businesses, industries,  and  agen-
 cies.   Approved organizations shall provide such data and assessment as
 the commissioner may require for such report.  Such  report  shall  also
 include any recommendations for additional action to respond to the high
 incidence of breast cancer in this state.
   § 3. Section 2409 of the public health law, as added by chapter 300 of
 the laws of 1995 and subdivisions 5 and 6 as renumbered by section 72 of
 part D of chapter 60 of the laws of 2012, is amended to read as follows:
   §  2409.  [Ovarian]  BREAST,  CERVICAL,  OVARIAN,  COLON, PROSTATE AND
 TESTICULAR cancer information program. 1. There is hereby created within
 the department the [ovarian] BREAST, CERVICAL, OVARIAN, COLON,  PROSTATE
 AND  TESTICULAR  cancer information program (referred to in this section
 as the  "program"),  which  shall  provide  information  for  consumers,
 patients, and health care providers relating to BREAST, CERVICAL, ovari-
 an, COLON, PROSTATE AND TESTICULAR cancer, including signs and symptoms,
 risk  factors, the benefits of early detection through appropriate diag-
 nostic testing and treatment options.
   2. The program [may] SHALL include but not be limited to the following
 elements:
   (a) educational and informational materials in  print,  audio,  video,
 electronic, or other media;
   (b) public service announcements and advertisements; [and]
   (c)  establishment of toll-free telephone hotlines to provide informa-
 tion; AND
   (D) AN INFORMATIONAL PAMPHLET PERTAINING TO  BREAST  CANCER,  CERVICAL
 CANCER,  COLON  CANCER,  PROSTATE  CANCER, TESTICULAR CANCER AND OVARIAN
 CANCER INCLUDING, BUT NOT LIMITED TO: INFORMATION  ON  EARLY  DETECTIONS
 S. 9258                             3
 
 AND  TREATMENTS  OF SUCH CANCERS; CONTACT INFORMATION, INCLUDING BUT NOT
 LIMITED TO, THE PROGRAM'S PHONE NUMBER, CONTACT EMAIL, AND WEBSITE,  FOR
 THE  PURPOSES  OF  THE  DEPARTMENT  EDUCATING  PATIENTS; AND A TELEPHONE
 NUMBER  FOR THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT IN THE DEPARTMENT
 AND THE OFFICE OF THE PROFESSIONS IN THE  DEPARTMENT  OF  EDUCATION,  AT
 WHICH  A  PATIENT  MAY  REPORT ANY MISCONDUCT THAT THE PATIENT FEELS MAY
 HAVE OCCURRED.   THE INFORMATIONAL PAMPHLET SHALL BE POSTED AS A  PRINT-
 ABLE    FILE  ON  THE DEPARTMENT'S INTERNET WEBSITE AND MAY ALSO BE MADE
 AVAILABLE FOR ORDER AS A PRINTED  DELIVERABLE ON THE DEPARTMENT'S INTER-
 NET    WEBSITE.    THE  INFORMATIONAL  PAMPHLET  SHALL  BE  WRITTEN   IN
 LAYPERSON'S  LANGUAGE AND SHALL BE MADE AVAILABLE IN ENGLISH AND THE SIX
 MOST COMMON NON-ENGLISH LANGUAGES SPOKEN  BY  INDIVIDUALS  WITH  LIMITED
 ENGLISH  PROFICIENCY  IN  NEW  YORK  STATE  AS  BASED ON THE MOST RECENT
 CENSUS.
   3. The department shall produce, make available to others for  reprod-
 uction,  or  contract  with others to develop the materials mentioned in
 this section as the  commissioner  deems  appropriate.  These  materials
 shall  be  made available to the public free of charge as appropriate or
 for a fee under certain circumstances. The commissioner  shall  require,
 where  appropriate, health care providers to provide or make these mate-
 rials available to patients.
   4. In exercising any of his or her  powers  under  this  section,  the
 commissioner  shall  consult with appropriate health care professionals,
 providers, consumers and patients, or organizations representing them.
   5. In addition to any state funds appropriated for  the  program,  the
 commissioner  may  accept  grants from public or private sources for the
 program. The commissioner, in administering this section, shall seek  to
 coordinate  the  program  with other public and private efforts, and may
 undertake joint or cooperative programs with  other  public  or  private
 entities.
   6.  The  commissioner  may  make  rules  and regulations necessary and
 appropriate for the implementation of this section.
   § 4. Subdivisions 1 and 3 of section 2409-a of the public health  law,
 as amended by section 6 of part A of chapter 60 of the laws of 2014, are
 amended to read as follows:
   1.  There is hereby established in the department the cancer detection
 and education program advisory council, for the purpose of advising  the
 commissioner   with  regards  to  providing  information  to  consumers,
 patients, and health  care  providers  relating,  but  not  limited  to,
 breast,  cervical,  COLON,  prostate,  testicular  and  ovarian  cancer,
 including signs and symptoms, risk factors, the benefits  of  prevention
 and  early  detection, guideline concordant cancer screening and disease
 management, options for diagnostic testing and treatment, new  technolo-
 gies, and survivorship.
   3.  The  commissioner  shall  appoint twenty-one voting members, which
 shall include representation of health  care  professionals,  consumers,
 patients,  one  voting  member  who shall be a person who has or has had
 COLON, prostate or testicular cancer, one voting member who shall  be  a
 person  who  has or has had breast, cervical or ovarian cancer and other
 appropriate interests reflective of the diversity  of  the  state,  with
 expertise in breast, cervical, COLON, prostate, testicular and/or ovari-
 an  cancer.  The commissioner shall appoint one member as a chairperson.
 The members of the council  shall  receive  no  compensation  for  their
 services,  but  shall  be  allowed  their  actual and necessary expenses
 incurred in performance of their duties.
 S. 9258                             4
 
   § 5. The sum of twenty-six  million  eight  hundred  thousand  dollars
 ($26,800,000),  or so much thereof as may be necessary, is hereby appro-
 priated to the New York state cancer services program out of any  moneys
 in  the  state treasury in the general fund to the credit of the depart-
 ment  of health, not otherwise appropriated, and made immediately avail-
 able, for the purpose of carrying out the provisions of this act.   Such
 moneys  shall  be payable on the audit and warrant of the comptroller on
 vouchers certified or approved by the  commissioner  of  health  in  the
 manner prescribed by law.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S9258

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Sponsored By

Roxanne J. Persaud