S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1641
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. HUNTER -- 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 health insurance  policies
   to fully cover testing for ovarian cancer and requiring certain health
   care providers to offer annual testing for ovarian cancer
 
   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 11-c to read as follows:
   (11-C)  (A) EVERY POLICY THAT PROVIDES COVERAGE FOR HOSPITAL, SURGICAL
 OR MEDICAL CARE SHALL OFFER FULL COVERAGE FOR ANNUAL TESTING TO PATIENTS
 THAT ARE AT HIGH-RISK OF DEVELOPING OVARIAN CANCER  INCLUDING,  BUT  NOT
 LIMITED  TO, FDA-APPROVED TESTING, TRANSVAGINAL ULTRASOUND, PELVIC EXAM,
 AND OTHER EXAMS REGARDLESS IF PRESENTING SIGNS AND SYMPTOMS.
   (B) SUCH ADDITIONAL COVERAGE SHALL NOT BE SUBJECT  TO  ANNUAL  DEDUCT-
 IBLES AND COINSURANCE BUT SHALL BE BORNE SOLELY BY THE INSURER.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 11-c to read as follows:
   (11-C) (A) EVERY INSURER DELIVERING A GROUP OR BLANKET POLICY OR ISSU-
 ING  A  GROUP OR BLANKET POLICY FOR DELIVERY IN THIS STATE THAT PROVIDES
 COVERAGE FOR HOSPITAL, SURGICAL OR MEDICAL CARE SHALL OFFER FULL  COVER-
 AGE FOR ANNUAL TESTING FOR INDIVIDUALS AT HIGH-RISK OF DEVELOPING OVARI-
 AN  CANCER INCLUDING, BUT NOT LIMITED TO, FDA-APPROVED TESTING, TRANSVA-
 GINAL ULTRASOUND, PELVIC EXAM  AND  OTHER EXAMS AVAILABLE  TO  THOSE  AT
 HIGH-RISK  OF  DEVELOPING  OVARIAN CANCER REGARDLESS IF PRESENTING SIGNS
 AND SYMPTOMS.
   (B) SUCH ADDITIONAL COVERAGE SHALL NOT BE SUBJECT  TO  ANNUAL  DEDUCT-
 IBLES AND COINSURANCE BUT SHALL BE BORNE SOLELY BY THE INSURER.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (p-1) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02610-01-3
              

 A. 1641                             2
 
   (P-1) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL  SERVICE
 CORPORATION  OR  A HEALTH SERVICE CORPORATION THAT PROVIDES COVERAGE FOR
 HOSPITAL, SURGICAL OR MEDICAL CARE SHALL OFFER FULL COVERAGE FOR  ANNUAL
 TESTING  FOR  INDIVIDUALS  AT  HIGH-RISK  OF  DEVELOPING  OVARIAN CANCER
 INCLUDING, BUT NOT LIMITED TO, FDA-APPROVED TESTING, TRANSVAGINAL ULTRA-
 SOUND,  PELVIC  EXAM  AND  OTHER  EXAMS  FOR INDIVIDUALS AT HIGH-RISK OF
 DEVELOPING OVARIAN CANCER REGARDLESS IF PRESENTING SIGNS OR SYMPTOMS.
   (2) SUCH ADDITIONAL COVERAGE SHALL NOT BE SUBJECT  TO  ANNUAL  DEDUCT-
 IBLES AND COINSURANCE BUT SHALL BE BORNE SOLELY BY THE INSURER.
   §  4.  Subdivision  2  of  section 365-a of the social services law is
 amended by adding a new paragraph (iii) to read as follows:
   (III) ANNUAL OVARIAN CANCER TESTING INCLUDING,  BUT  NOT  LIMITED  TO,
 FDA-APPROVED  TESTING,  PELVIC  EXAM, TRANSVAGINAL ULTRASOUND AND  OTHER
 EXAMS AVAILABLE TO THOSE AT RISK OR HIGH-RISK FOR CANCER  REGARDLESS  IF
 PRESENTING SIGNS AND SYMPTOMS.
   §  5.  The public health law is amended by adding a new section 2405-a
 to read as follows:
   § 2405-A. REQUIRED OFFERING OF OVARIAN CANCER TESTING.  1. HEALTH CARE
 PROVIDERS SUCH AS A PHYSICIAN, PHYSICIAN ASSISTANT, NURSE  PRACTITIONER,
 OR MIDWIFE PROVIDING PRIMARY CARE SHALL ASK SPECIFIC QUESTIONS TO DETER-
 MINE  IF  THERE  ARE  ANY  SIGNS  OR  SYMPTOMS THAT MAY INDICATE OVARIAN
 CANCER. ONCE SIGNS AND SYMPTOMS OF OVARIAN CANCER HAVE BEEN DETECTED, OR
 A PROVIDER IS SUSPICIOUS THE PATIENT HAS OVARIAN CANCER, OVARIAN  CANCER
 "TESTING"  MAY  THEN  BE PERFORMED, WHICH COULD ENCOMPASS A PELVIC EXAM,
 FDA-APPROVED TESTING,  TRANSVAGINAL  ULTRASOUND,  AND  OTHER  EXAMS  FOR
 OVARIAN CANCER. ADDITIONALLY, PROVIDERS SHALL AVAIL PATIENTS WITH OVARI-
 AN  CANCER  EDUCATION, INCLUDING, BUT NOT LIMITED TO, INFORMATION ON THE
 SIGNS AND SYMPTOMS OF OVARIAN CANCER AND PROVIDING THE  PATIENT  WITH  A
 COPY OF THE INFORMATIONAL PAMPHLET DEVELOPED AND SUPPLIED BY THE DEPART-
 MENT,  UNLESS  THE  HEALTH  CARE  PRACTITIONER  PROVIDING  SUCH SERVICES
 REASONABLY BELIEVES THAT: (A) THE INDIVIDUAL IS BEING TREATED FOR A LIFE
 THREATENING EMERGENCY; OR (B) THE INDIVIDUAL LACKS CAPACITY  TO  CONSENT
 TO OVARIAN CANCER TESTING.
   2. AS USED IN THIS SECTION, "PRIMARY CARE" MEANS THE MEDICAL FIELDS OF
 FAMILY  MEDICINE,  GENERAL  PEDIATRICS, PRIMARY CARE, INTERNAL MEDICINE,
 PRIMARY CARE OBSTETRICS, OR PRIMARY CARE GYNECOLOGY, WITHOUT  REGARD  TO
 BOARD CERTIFICATION.
   3.  THE OFFERING OF OVARIAN CANCER TESTING UNDER THIS SECTION SHALL BE
 CULTURALLY AND LINGUISTICALLY APPROPRIATE IN ACCORDANCE WITH  RULES  AND
 REGULATIONS PROMULGATED BY THE COMMISSIONER.
   4.  THE  DEPARTMENT  SHALL  DEVELOP INFORMATIONAL PAMPHLETS ON OVARIAN
 CANCER AND SUPPLY SUCH PAMPHLETS TO HEALTH SERVICE PROVIDERS.
   5. THIS SECTION SHALL NOT AFFECT THE SCOPE OF PRACTICE OF  ANY  HEALTH
 CARE  PRACTITIONER  OR  DIMINISH  ANY AUTHORITY OR LEGAL OR PROFESSIONAL
 OBLIGATION OF ANY HEALTH CARE PRACTITIONER TO OFFER OVARIAN CANCER TEST-
 ING OR TO PROVIDE SERVICES OR CARE FOR THE  SUBJECT  OF  OVARIAN  CANCER
 TESTING.
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 policies issued, reissued, renewed, modified or amended on or after such
 date.