NY State Senate Bill 2023-S5132

Senate Bill S5132

2023-2024 Legislative Session

Creates esophageal cancer educational pamphlets and requires esophageal cancer testing and treatments be covered by certain insurance plans

download bill text pdf

Current Bill Status - In Senate Committee Health 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Feb 23, 2023	referred to health

co-Sponsors

2023-S5132 (ACTIVE) - Details

See Assembly Version of this Bill:: A6185
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2404-e, Pub Health L; amd §§3216, 3221 & 4303, Ins L

2023-S5132 (ACTIVE) - Summary

Creates esophageal cancer educational pamphlets; requires esophageal cancer testing and treatments be covered by certain insurance plans.

2023-S5132 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5132

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law and the insurance law, in relation
to creating esophageal cancer educational pamphlets and requiring
esophageal cancer testing and treatments be covered by certain insurance
plans

 
PURPOSE:

Creates esophageal cancer educational pamphlets and requires esophageal
cancer testing and treatments be covered by certain insurance plans.

 
SUMMARY OF PROVISIONS:

Section I of the public health law is amended by adding a new section
2404-e that established the development of a standardized written summa-
ry and educational pamphlet relating to esophageal cancer.

Subsection (i) of section 3216 of the insurance law is amended by adding

a new paragraph 39 that requires policies that provide coverage for
hospital, surgical or medical care to also provide coverage for esopha-
geal cancer screening when deemed necessary.

Subsection (I) of section 3221 of the insurance law is amended by adding
a new paragraph 22 that requires insurers that provide group or blanket
policies providing coverage for hospital, surgical or medical care to
also provide coverage for esophageal cancer screening when deemed neces-
sary.

Section 4303 of the insurance law is amended by adding a new subsection
(uu) that requires medical expense indemnity corporations, hospital
service corporations, and health service corporations that provide
coverage for hospital, surgical or medical care to also provide coverage
for esophageal cancer screening when deemed necessary.

 
JUSTIFICATION:

Esophageal cancer is a condition with poor prognosis at advanced stages
(Tustumi, 2016), with a five-year overall survival rate of 20.6%
(National Cancer Institute, 2018) (Joseph et. al. 2022).  Symptoms typi-
cally do not appear until during later stages (according to the Sidney
Kimmel Comprehensive Cancer Center), highlighting the need for screening
and early detection in effective treatment of esophageal cancer. As
prognosis is favorable when diagnosed early (Joseph et. al. 2022),
educational materials can increase awareness of this condition, leading
to better survival rates and a better quality of life before and after
treatment.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to policies and
contracts issued, renewed, modified, altered or amended on and after
such date.

2023-S5132 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5132
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the insurance law, in relation
   to creating esophageal  cancer  educational  pamphlets  and  requiring
   esophageal  cancer testing and treatments be covered by certain insur-
   ance plans

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2404-e to read as follows:
   § 2404-E. ESOPHAGEAL CANCER; DUTY TO INFORM. 1. THE COMMISSIONER SHALL
 DEVELOP A STANDARDIZED WRITTEN  SUMMARY  AND  EDUCATIONAL  PAMPHLET,  IN
 PLAIN NON-TECHNICAL LANGUAGE, WHICH SHALL EXPLAIN THE FOLLOWING:
   (A) THE SYMPTOMS AND RISK FACTORS FOR ESOPHAGEAL CANCER;
   (B)  THE  AVAILABLE METHODS FOR THE DETECTION AND DIAGNOSIS OF ESOPHA-
 GEAL CANCER, INCLUDING INFORMATION  ON  THE  RELATIVE  ACCURACY  OF  THE
 AVAILABLE DETECTION AND DIAGNOSTIC TECHNIQUES;
   (C)  THE  AVAILABILITY  OF INSURANCE COVERAGE FOR DIAGNOSTIC SCREENING
 FOR ESOPHAGEAL CANCER WITHOUT COST SHARING PURSUANT TO  PARAGRAPH  THIR-
 TY-NINE OF SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN,
 PARAGRAPH  TWENTY-TWO  OF  SUBSECTION  (L) OF SECTION THREE THOUSAND TWO
 HUNDRED TWENTY-ONE AND SUBSECTION (UU) OF SECTION  FOUR  THOUSAND  THREE
 HUNDRED THREE OF THE INSURANCE LAW; AND
   (D)  THE  ALTERNATIVE  MEDICALLY VIABLE METHODS OF TREATING ESOPHAGEAL
 CANCER, INCLUDING BUT NOT LIMITED TO HORMONAL, RADIOLOGICAL, CHEMOTHERA-
 PEUTIC OR SURGICAL TREATMENTS,  OR  COMBINATIONS  THEREOF.  THE  SUMMARY
 SHALL  CONTAIN  INFORMATION ON ESOPHAGEAL POST-TREATMENT RISKS AND OTHER
 PERTINENT INFORMATION TO AID A PERSON IN DECIDING A COURSE OF TREATMENT.
 THE SUMMARY SHALL BE UPDATED AS IS NECESSARY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07262-01-3
 S. 5132                             2

   2. THE SUMMARY SHALL BE PROVIDED TO ANY HEALTH CARE PROVIDER OR  PRAC-
 TITIONER  PROVIDING  MEDICAL  TREATMENT  IN  ACCORDANCE WITH SUBDIVISION
 THREE OF THIS SECTION.
   3.  THE STANDARDIZED WRITTEN SUMMARY AND EDUCATIONAL PAMPHLET PROVIDED
 FOR BY SUBDIVISION ONE OF THIS SECTION MAY BE PROVIDED BY A HEALTH  CARE
 PROVIDER  TO  EACH  PERSON  UNDER HIS OR HER CARE. HEALTH CARE PROVIDERS
 SHALL PROVIDE TO AND DISCUSS WITH EACH PERSON UNDER HIS OR HER CARE  THE
 STANDARDIZED  WRITTEN SUMMARY AND EDUCATIONAL PAMPHLET WHERE SUCH PERSON
 IS OR MAY BE AT RISK FOR ESOPHAGEAL CANCER OR WHO HAS BEEN DIAGNOSED  TO
 BE  AFFLICTED  WITH  ESOPHAGEAL  CANCER  UPON SAID DIAGNOSIS, OR AS SOON
 THEREAFTER AS PRACTICABLE. A PERSON SHALL BE DEEMED AT RISK FOR  ESOPHA-
 GEAL CANCER WHERE SUCH PERSON HAS A FAMILY HISTORY OF ESOPHAGEAL CANCER.
   4.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO CREATE A CAUSE OF
 ACTION FOR LACK OF INFORMED CONSENT IN ANY INSTANCE IN WHICH SUCH  CAUSE
 OF  ACTION  WOULD  BE  LIMITED BY SECTION TWENTY-EIGHT HUNDRED FIVE-D OF
 THIS CHAPTER.
   5. THE COMMISSIONER SHALL HAVE THE WRITTEN SUMMARY, REQUIRED  BY  THIS
 SECTION,  COMPLETED  AND  PREPARED FOR DISTRIBUTION ON OR BEFORE JANUARY
 FIRST, TWO THOUSAND TWENTY-FOUR.
   § 2. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 39 to read as follows:
   (39) EVERY POLICY THAT PROVIDES COVERAGE  FOR  HOSPITAL,  SURGICAL  OR
 MEDICAL  CARE  SHALL PROVIDE COVERAGE FOR THE SCREENING AND TREATMENT OF
 ESOPHAGEAL CANCER WHEN DEEMED NECESSARY BY A HEALTH CARE PROVIDER.
   § 3. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) EVERY INSURER DELIVERING A GROUP OR BLANKET POLICY OR  ISSUING  A
 GROUP  OR BLANKET POLICY FOR DELIVERY IN THIS STATE THAT PROVIDES COVER-
 AGE FOR HOSPITAL, SURGICAL OR MEDICAL CARE SHALL  PROVIDE  COVERAGE  FOR
 THE  SCREENING  AND TREATMENT OF ESOPHAGEAL CANCER WHEN DEEMED NECESSARY
 BY A HEALTH CARE PROVIDER.
   § 4. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (uu) to read as follows:
   (UU)  A  MEDICAL  EXPENSE  INDEMNITY  CORPORATION,  A HOSPITAL SERVICE
 CORPORATION OR A HEALTH SERVICE CORPORATION THAT PROVIDES  COVERAGE  FOR
 HOSPITAL,  SURGICAL  OR  MEDICAL  CARE  SHALL  PROVIDE  COVERAGE FOR THE
 SCREENING AND TREATMENT OF ESOPHAGEAL CANCER WHEN DEEMED NECESSARY BY  A
 HEALTH CARE PROVIDER.
   §  5.  This act shall take effect immediately and shall apply to poli-
 cies and contracts issued, renewed, modified, altered or amended on  and
 after such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5132

Share this bill

Sponsored By

Roxanne J. Persaud