NY State Senate Bill 2023-S6428

Senate Bill S6428

2023-2024 Legislative Session

Provides for insurance coverage of comprehensive annual medical examinations for firefighters

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Current Bill Status - Stricken

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2024	recommit, enacting clause stricken
Jan 03, 2024	referred to insurance
Apr 19, 2023	referred to insurance

co-Sponsors

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2023-S6428 (ACTIVE) - Details

See Assembly Version of this Bill:: A1403
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9061
2021-2022: S3942, A8230

2023-S6428 (ACTIVE) - Summary

Provides for insurance coverage of comprehensive annual medical examinations for firefighters due to their increased risk for cancer and cancer-related diseases.

2023-S6428 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6428

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the insurance law, in relation to insurance coverage of
comprehensive annual medical examinations for firefighters

 
PURPOSE:

This legislation amends the insurance law to mandate that insurance
policies for firefighters include a number of screenings and early
detection tests due to their increased risk for cancer and cancer-relat-
ed disease.

 
SUMMARY OF SPECIFIC PROVISIONS:

The legislation would amend subsection (i) of section 3216 of the insur-
ance law, subsection (1) of section 3221 of the insurance law, and
section 4303 of the insurance law to require that every policy that
provides medical, major medical, or similar comprehensive coverage for
firefighters includes:

1. Detailed Symptom Health History: headaches, skin rashes, intestinal
or respiratory symptoms, weakness, and cognitive dysfunction.

2. Physical Exam: a complete hand-on head-to-toe physical should be
performed. The main systems that should be reviewed are cardiovascular,
skin, thyroid, mouth, pulmonary, intestinal, breast, testes, urinary,
lymph nodes, neurological, and musculoskeletal.

3. Vital signs and body measures: blood pressure, oxygen saturation
(pOx), heart and respiratory rate, weight, height, body fat percentage
should be tested and recorded.

4. Laboratory assessments including:

a. Blood tests- CMP, CBC with differential, lipid panel, TSH, hCRP, and
HbAlc.

b. Urinalysis for pH, glucose, ketones, protein, blood, and bilirubin,
and microscopic assessment for WBC, RBC, WBC casts, RBC casts, and crys-
tals.

c. Serum and urine immunofixation

d. Urinalysis and CMP to detect early changes in kidney and bladder
function.

e. Spirometry provides a baseline and annual pulmonary function testing.

5. Cancer Screenings including: digital rectal exam for men with pros-
tate-specific antigen (PSA); cervical exam with PAP and breast exam for
women; FIT testing.

6. Colonoscopy at 45 years or earlier depending on family history.

7. Mammogram at 40 or earlier depending on family history.

8. Low Dose CT: depending on age, smoking history, FEV I, family history
of lung cancer, obstructive lung disease, history of pneumonia.

9. Chest x-ray every 5 years.

10. Stress EKG with VO2 value calculated.

11. Any additional illnesses as determined necessary by the Commissioner
of Health

Section four establishes the effective date.

 
JUSTIFICATION:

This bill would require that insurance policies for firefighters include
a number of screenings and early detection tests due to their increased
risk for cancer and cancer-related disease. It is known that firefight-
ers face unique occupational health risks in the line of duty. Years of
research have shown that the health risks for firefighters are multifac-
torial and include exposures from several aspects of their work environ-
ment. Firefighters are not only at higher risk for cancers but also
cardiac-related death and coronary artery disease.

Chronic exposures to heat, smoke, and toxic flame retardants through
inhalation, ingestion, and skin absorption put firefighters at risk for
many cancers. The National Institute for Occupational Safety and Health
(NIOSH) performed a multi-year study of nearly 30,000 firefighters to
better understand the potential link between firefighting and cancer.
Exposure to aerosolized chemicals like benzene, asbestos, polycyclic
aromatic hydrocarbons (PAH), formaldehyde, diesel exhaust, and new
building materials with undefined chemicals creates special risks. The
firefighters studied showed higher rates of certain types of cancer than
the general U.S.  population.

In a study conducted by Roswell Park Comprehensive Cancer Center in
Buffalo, in coordination with 100 firefighter participants from 2 fire-
houses, the research found that even in fires with low smoke intensity,
firefighters were just as exposed to appreciable levels of toxic materi-
als. Exposure included carbon monoxide, benzene, aldehydes, and hydrogen
cyanide Exposure to these chemicals and/or any number of carcinogenic
substances puts firefighters at elevated risk for diseases less common
among other professions. This legislation would mandate insurance compa-
nies to pay for a wide variety of screenings and tests at these younger
ages for firefighters due to their increased risks. This legislation
will save the lives of firefighters throughout New York State.

 
LEGISLATIVE HISTORY:

2021-22: S.3942B/A.8230A

 
FISCAL IMPLICATIONS:  To be determined.

 
EFFECTIVE DATE:
This act shall take immediately.

2023-S6428 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6428
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2023
                                ___________
 
 Introduced  by  Sens.  KENNEDY,  MANNION,  MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Insur-
   ance
 
 AN  ACT to amend the insurance law, in relation to insurance coverage of
   comprehensive annual medical examinations for firefighters

   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 39 to read as follows:
   (39)(A) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
 COMPREHENSIVE-TYPE COVERAGE SHALL  PROVIDE  COVERAGE  FOR  COMPREHENSIVE
 ANNUAL  MEDICAL EXAMS FOR INSURED INDIVIDUALS WHO ARE FIREFIGHTERS. SUCH
 COMPREHENSIVE ANNUAL MEDICAL EXAM COVERAGE SHALL INCLUDE:
   (I) A DETAILED SYMPTOM HEALTH HISTORY INCLUDING HEADACHES, SKIN  RASH-
 ES, INTESTINAL OR RESPIRATORY SYMPTOMS, WEAKNESS, AND COGNITIVE DYSFUNC-
 TION;
   (II)  AN  IN  PERSON  PHYSICAL  EXAM  INCLUDING  CARDIOVASCULAR, SKIN,
 THYROID, MOUTH, PULMONARY, INTESTINAL, URINARY, LYMPH  NODE,  NEUROLOGI-
 CAL, MUSCULOSKELETAL, BREAST AND TESTES, AS APPLICABLE, EXAMINATION;
   (III)  VITAL  SIGNS  AND  BODY  MEASURES TESTED AND RECORDED INCLUDING
 BLOOD PRESSURE, OXYGEN SATURATION, HEART AND RESPIRATORY  RATE,  WEIGHT,
 HEIGHT AND BODY FAT PERCENTAGE;
   (IV) LABORATORY ASSESSMENTS INCLUDING:
   A.  COMPREHENSIVE METABOLIC PANEL, COMPLETE BLOOD COUNT WITH DIFFEREN-
 TIAL, LIPID PANEL, THYROID STIMULATING HORMONE, HIGH-SENSITIVITY C-REAC-
 TIVE PROTEIN, AND HEMOGLOBIN A1C BLOOD TESTS; AND
   B. URINALYSIS FOR PH, GLUCOSE, KETONES, PROTEIN, BLOOD AND  BILIRUBIN,
 AND MICROSCOPIC ASSESSMENT FOR WHITE BLOOD CELLS, RED BLOOD CELLS, WHITE
 BLOOD CELL CASTS, RED BLOOD CELL CASTS, AND CRYSTALS;
   (V) SPIROMETRY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05695-01-3
 S. 6428                             2

 
   (VI)  CANCER SCREENING, INCLUDING, DIGITAL RECTAL EXAM FOR INDIVIDUALS
 WITH PROSTATE-SPECIFIC ANTIGEN, CERVICAL  EXAM  WITH  PAP  TEST,  BREAST
 EXAM,  RESPIRATOR  FIT TEST, COLONOSCOPIES BEGINNING AT FORTY-FIVE YEARS
 OF AGE OR EARLIER DEPENDING ON FAMILY HISTORY, MAMMOGRAMS  BEGINNING  AT
 AGE  FORTY OR EARLIER DEPENDING ON FAMILY HISTORY, AND LOW DOSE COMPUTED
 TOMOGRAPHY DEPENDING ON AGE, SMOKING HISTORY, FORCED  EXPIRATORY  VOLUME
 (FEV1),  FAMILY  HISTORY  OF  LUNG  CANCER, OBSTRUCTIVE LUNG DISEASE AND
 HISTORY OF PNEUMONIA; AND
   (VII) A STRESS ELECTROCARDIOGRAM WITH  MAXIMAL  OXYGEN  UPTAKE  CALCU-
 LATED.
   (B)  NOTWITHSTANDING THE REQUIREMENTS FOR COMPREHENSIVE ANNUAL MEDICAL
 EXAM COVERAGE PURSUANT TO  SUBPARAGRAPH  (A)  OF  THIS  PARAGRAPH,  SUCH
 COVERAGE  SHALL  ADDITIONALLY INCLUDE A CHEST X-RAY EVERY FIVE YEARS AND
 ANY ADDITIONAL TESTING  DETERMINED  NECESSARY  BY  THE  COMMISSIONER  OF
 HEALTH.
   (C)  AN  INSURED SHALL IDENTIFY HIS OR HER PROFESSION AS A FIREFIGHTER
 AND YEARS OF SERVICE TO HIS OR HER PRIMARY CARE PROVIDER TO RECEIVE SUCH
 COMPREHENSIVE ANNUAL MEDICAL EXAMINATION PURSUANT TO THIS PARAGRAPH.
   (D) AS USED IN THIS PARAGRAPH THE TERM "FIREFIGHTER" MEANS  ANY  FIRE-
 FIGHTER  REGULARLY  EMPLOYED BY A FIRE DEPARTMENT OF ANY MUNICIPALITY IN
 THE STATE.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22)(A) EVERY POLICY WHICH PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
 COMPREHENSIVE-TYPE COVERAGE SHALL  PROVIDE  COVERAGE  FOR  COMPREHENSIVE
 ANNUAL  MEDICAL EXAMS FOR INSURED INDIVIDUALS WHO ARE FIREFIGHTERS. SUCH
 COMPREHENSIVE ANNUAL MEDICAL EXAM COVERAGE SHALL INCLUDE:
   (I) A DETAILED SYMPTOM HEALTH HISTORY INCLUDING HEADACHES, SKIN  RASH-
 ES, INTESTINAL OR RESPIRATORY SYMPTOMS, WEAKNESS, AND COGNITIVE DYSFUNC-
 TION;
   (II)  AN  IN  PERSON  PHYSICAL  EXAM  INCLUDING  CARDIOVASCULAR, SKIN,
 THYROID, MOUTH, PULMONARY, INTESTINAL, URINARY, LYMPH  NODE,  NEUROLOGI-
 CAL, MUSCULOSKELETAL, BREAST AND TESTES, AS APPLICABLE, EXAMINATION;
   (III)  VITAL  SIGNS  AND  BODY  MEASURES TESTED AND RECORDED INCLUDING
 BLOOD PRESSURE, OXYGEN SATURATION, HEART AND RESPIRATORY  RATE,  WEIGHT,
 HEIGHT AND BODY FAT PERCENTAGE;
   (IV) LABORATORY ASSESSMENTS INCLUDING:
   A.  COMPREHENSIVE METABOLIC PANEL, COMPLETE BLOOD COUNT WITH DIFFEREN-
 TIAL, LIPID PANEL, THYROID STIMULATING HORMONE, HIGH-SENSITIVITY C-REAC-
 TIVE PROTEIN, AND HEMOGLOBIN A1C BLOOD TESTS; AND
   B. URINALYSIS FOR PH, GLUCOSE, KETONES, PROTEIN, BLOOD AND  BILIRUBIN,
 AND MICROSCOPIC ASSESSMENT FOR WHITE BLOOD CELLS, RED BLOOD CELLS, WHITE
 BLOOD CELL CASTS, RED BLOOD CELL CASTS, AND CRYSTALS;
   (V) SPIROMETRY;
   (VI)  CANCER SCREENING, INCLUDING, DIGITAL RECTAL EXAM FOR INDIVIDUALS
 WITH PROSTATE-SPECIFIC ANTIGEN, CERVICAL  EXAM  WITH  PAP  TEST,  BREAST
 EXAM,  RESPIRATOR  FIT TEST, COLONOSCOPIES BEGINNING AT FORTY-FIVE YEARS
 OF AGE OR EARLIER DEPENDING ON FAMILY HISTORY, MAMMOGRAMS  BEGINNING  AT
 AGE  FORTY OR EARLIER DEPENDING ON FAMILY HISTORY, AND LOW DOSE COMPUTED
 TOMOGRAPHY DEPENDING ON AGE, SMOKING HISTORY, FORCED  EXPIRATORY  VOLUME
 (FEV1),  FAMILY  HISTORY  OF  LUNG  CANCER, OBSTRUCTIVE LUNG DISEASE AND
 HISTORY OF PNEUMONIA; AND
   (VII) A STRESS ELECTROCARDIOGRAM WITH  MAXIMAL  OXYGEN  UPTAKE  CALCU-
 LATED.
   (B)  NOTWITHSTANDING THE REQUIREMENTS FOR COMPREHENSIVE ANNUAL MEDICAL
 EXAM COVERAGE PURSUANT TO  SUBPARAGRAPH  (A)  OF  THIS  PARAGRAPH,  SUCH
 S. 6428                             3
 
 COVERAGE  SHALL  ADDITIONALLY INCLUDE A CHEST X-RAY EVERY FIVE YEARS AND
 ANY ADDITIONAL TESTING  DETERMINED  NECESSARY  BY  THE  COMMISSIONER  OF
 HEALTH.
   (C)  AN  INSURED SHALL IDENTIFY HIS OR HER PROFESSION AS A FIREFIGHTER
 AND YEARS OF SERVICE TO HIS OR HER PRIMARY CARE PROVIDER TO RECEIVE SUCH
 COMPREHENSIVE ANNUAL MEDICAL EXAMINATION PURSUANT TO THIS PARAGRAPH.
   (D) AS USED IN THIS PARAGRAPH THE TERM "FIREFIGHTER" MEANS  ANY  FIRE-
 FIGHTER  REGULARLY  EMPLOYED BY A FIRE DEPARTMENT OF ANY MUNICIPALITY IN
 THE STATE.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (l-3) to read as follows:
   (L-3)(A)  EVERY  CONTRACT  WHICH  PROVIDES  MEDICAL, MAJOR MEDICAL, OR
 SIMILAR COMPREHENSIVE-TYPE COVERAGE SHALL PROVIDE COVERAGE  FOR  COMPRE-
 HENSIVE  ANNUAL MEDICAL EXAMS FOR INSURED INDIVIDUALS WHO ARE FIREFIGHT-
 ERS. SUCH COMPREHENSIVE ANNUAL MEDICAL EXAM COVERAGE SHALL INCLUDE:
   (I) A DETAILED SYMPTOM HEALTH HISTORY INCLUDING HEADACHES, SKIN  RASH-
 ES, INTESTINAL OR RESPIRATORY SYMPTOMS, WEAKNESS, AND COGNITIVE DYSFUNC-
 TION;
   (II)  AN  IN  PERSON  PHYSICAL  EXAM  INCLUDING  CARDIOVASCULAR, SKIN,
 THYROID, MOUTH, PULMONARY, INTESTINAL, URINARY, LYMPH  NODE,  NEUROLOGI-
 CAL, MUSCULOSKELETAL, BREAST AND TESTES, AS APPLICABLE, EXAMINATION;
   (III)  VITAL  SIGNS  AND  BODY  MEASURES TESTED AND RECORDED INCLUDING
 BLOOD PRESSURE, OXYGEN SATURATION, HEART AND RESPIRATORY  RATE,  WEIGHT,
 HEIGHT AND BODY FAT PERCENTAGE;
   (IV) LABORATORY ASSESSMENTS INCLUDING:
   A.  COMPREHENSIVE METABOLIC PANEL, COMPLETE BLOOD COUNT WITH DIFFEREN-
 TIAL, LIPID PANEL, THYROID STIMULATING HORMONE, HIGH-SENSITIVITY C-REAC-
 TIVE PROTEIN, AND HEMOGLOBIN A1C BLOOD TESTS; AND
   B. URINALYSIS FOR PH, GLUCOSE, KETONES, PROTEIN, BLOOD AND  BILIRUBIN,
 AND MICROSCOPIC ASSESSMENT FOR WHITE BLOOD CELLS, RED BLOOD CELLS, WHITE
 BLOOD CELL CASTS, RED BLOOD CELL CASTS, AND CRYSTALS;
   (V) SPIROMETRY;
   (VI)  CANCER SCREENING, INCLUDING, DIGITAL RECTAL EXAM FOR INDIVIDUALS
 WITH PROSTATE-SPECIFIC ANTIGEN, CERVICAL  EXAM  WITH  PAP  TEST,  BREAST
 EXAM,  RESPIRATOR  FIT TEST, COLONOSCOPIES BEGINNING AT FORTY-FIVE YEARS
 OF AGE OR EARLIER DEPENDING ON FAMILY HISTORY, MAMMOGRAMS  BEGINNING  AT
 AGE  FORTY OR EARLIER DEPENDING ON FAMILY HISTORY, AND LOW DOSE COMPUTED
 TOMOGRAPHY DEPENDING ON AGE, SMOKING HISTORY, FORCED  EXPIRATORY  VOLUME
 (FEV1),  FAMILY  HISTORY  OF  LUNG  CANCER, OBSTRUCTIVE LUNG DISEASE AND
 HISTORY OF PNEUMONIA; AND
   (VII) A STRESS ELECTROCARDIOGRAM WITH  MAXIMAL  OXYGEN  UPTAKE  CALCU-
 LATED.
   (B)  NOTWITHSTANDING THE REQUIREMENTS FOR COMPREHENSIVE ANNUAL MEDICAL
 EXAM COVERAGE PURSUANT TO PARAGRAPH (A) OF THIS SUBSECTION, SUCH  COVER-
 AGE  SHALL  ADDITIONALLY  INCLUDE A CHEST X-RAY EVERY FIVE YEARS AND ANY
 ADDITIONAL TESTING DETERMINED NECESSARY BY THE COMMISSIONER OF HEALTH.
   (C) AN INSURED SHALL IDENTIFY HIS OR HER PROFESSION AS  A  FIREFIGHTER
 AND YEARS OF SERVICE TO HIS OR HER PRIMARY CARE PROVIDER TO RECEIVE SUCH
 COMPREHENSIVE ANNUAL MEDICAL EXAMINATION PURSUANT TO THIS SUBSECTION.
   (D)  AS USED IN THIS SUBSECTION THE TERM "FIREFIGHTER" MEANS ANY FIRE-
 FIGHTER REGULARLY EMPLOYED BY A FIRE DEPARTMENT OF ANY  MUNICIPALITY  IN
 THE STATE.
   §  4.  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.

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Senate Bill S6428

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Sponsored By

Timothy M. Kennedy

Current Bill Status - Stricken

co-Sponsors

Iwen Chu

Patrick M. Gallivan

John W. Mannion

Rachel May

2023-S6428 (ACTIVE) - Details

2023-S6428 (ACTIVE) - Summary

2023-S6428 (ACTIVE) - Sponsor Memo

2023-S6428 (ACTIVE) - Bill Text download pdf

Comments