NY State Senate Bill 2025-S3323

Senate Bill S3323

2025-2026 Legislative Session

Requires insurance policies to provide coverage for transvaginal ultrasounds during pregnancy

download bill text pdf

Current Bill Status - In Senate Committee Insurance 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2025	referred to insurance

2025-S3323 (ACTIVE) - Details

See Assembly Version of this Bill:: A3280
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7146, A7741
2023-2024: S5579, A6042

2025-S3323 (ACTIVE) - Summary

Requires insurance policies to provide coverage for transvaginal ultrasounds during pregnancy.

2025-S3323 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3323

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the insurance law, in relation to requiring insurance
policies to provide coverage for transvaginal ultrasounds during preg-
nancy

 
PURPOSE:

The purpose of this bill is to require commercial health insurance
coverage of medically necessary transvaginal ultrasounds when recom-
mended by nationally recognized clinical practice guidelines.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would require individual, group, and Article 43 commercial
health insurance policies provide coverage of medically necessary tran-
svaginal ultrasounds when recommended by nationally recognized clinical
practice guidelines. For the purposes of this legislation, nationally
recognized clinical practice guidelines mean evidence-based clinical

practice guidelines informed by a systematic review of evidence and an
assessment of the benefits, and risks of alternative care options
intended to optimize patient care developed by independent organizations
or medical professional societies utilizing a transparent methodology
and reporting structure and with a conflict-of-interest policy.

 
JUSTIFICATION:

Carolyn Spiro Levitt and her husband, Josh, lost their son Eli Parker
Levitt, when he was born at 23 weeks in 2020. At 20 weeks, Carolyn was
told during a routine appointment that she was three centimeters dilat-
ed, fully effaced, and about to go into labor due to a condition cruelly
named an "incompetent cervix". Prior to that, the Levitt's were led to
believe that everything was fine with their pregnancy.  The condition
Carolyn developed can be treated and addressed if caught in time through
easy-to-conduct testing. Because Carolyn was not tested for the condi-
tion earlier in her pregnancy, their son, Eli Levitt, passed away after
being born early.

An incompregnancy. Before so-called cervical insufficiency, is a condi-
tion that occurs when weak cervical tissue causes or contributes to
premature birth or the loss of an otherwise healthy pregnancy.  Before
pregnancy, a woman's cervix - the lower part of the uterus that connects
to the vagina - is normally closed and rigid. As pregnancy progresses
and a woman prepares to give birth, the cervix gradually softens,
decreases in length, and opens. If a woman has an incompetent cervix,
the cervix might begin to open too soon causing premature birth. Submit-
ted in accordance with Assembly Rule III, Sec 1(f) Performing a test and
an examination on all expecting women helps to ensure better birth
outcomes. Cervical incompetence is a known risk factor for preterm birth
and is considered responsible for 5% of extreme preterm deliveries (<28
weeks).

The United States is one of the most dangerous developed nations for
pregnant mothers and their babies. Ten percent of all babies in the US
are born prematurely. Premature birth (birth before 37 weeks) and its
complications is the leading cause of death in babies in the US; of
babies who survive, many have long standing health problems, including
cerebral palsy, developmental disabilities, chronic lung disease, and
issues with vision and hearing.

 
LEGISLATIVE HISTORY:

2024; Amended and held in Insurance.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
January 1, 2026.

2025-S3323 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3323
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation  to  requiring  insurance
   policies to provide coverage for transvaginal ultrasounds during preg-
   nancy

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 10 of subsection  (i)  of  section  3216  of  the
 insurance  law  is  amended  by adding a new subparagraph (C) to read as
 follows:
   (C) COVERAGE PROVIDED UNDER THIS  PARAGRAPH  FOR  CARE  AND  TREATMENT
 DURING  PREGNANCY  SHALL INCLUDE MEDICALLY NECESSARY TRANSVAGINAL ULTRA-
 SOUNDS WHEN  RECOMMENDED  BY  NATIONALLY  RECOGNIZED  CLINICAL  PRACTICE
 GUIDELINES.  FOR  THE  PURPOSES OF THIS SUBPARAGRAPH, "NATIONALLY RECOG-
 NIZED CLINICAL PRACTICE GUIDELINES" MEANS EVIDENCE-BASED CLINICAL  PRAC-
 TICE  GUIDELINES  INFORMED  BY  A  SYSTEMATIC  REVIEW OF EVIDENCE AND AN
 ASSESSMENT OF THE  BENEFITS,  AND  RISKS  OF  ALTERNATIVE  CARE  OPTIONS
 INTENDED TO OPTIMIZE PATIENT CARE DEVELOPED BY INDEPENDENT ORGANIZATIONS
 OR  MEDICAL  PROFESSIONAL  SOCIETIES UTILIZING A TRANSPARENT METHODOLOGY
 AND REPORTING STRUCTURE AND WITH A CONFLICT OF INTEREST POLICY.
   § 2. Paragraph 5 of subsection (k) of section 3221  of  the  insurance
 law is amended by adding a new subparagraph (C) to read as follows:
   (C)  COVERAGE  PROVIDED  UNDER  THIS  PARAGRAPH FOR CARE AND TREATMENT
 DURING PREGNANCY SHALL INCLUDE MEDICALLY NECESSARY  TRANSVAGINAL  ULTRA-
 SOUNDS  WHEN  RECOMMENDED  BY  NATIONALLY  RECOGNIZED  CLINICAL PRACTICE
 GUIDELINES. FOR THE PURPOSES OF THIS  SUBPARAGRAPH,  "NATIONALLY  RECOG-
 NIZED  CLINICAL PRACTICE GUIDELINES" MEANS EVIDENCE-BASED CLINICAL PRAC-
 TICE GUIDELINES INFORMED BY A  SYSTEMATIC  REVIEW  OF  EVIDENCE  AND  AN
 ASSESSMENT  OF  THE  BENEFITS,  AND  RISKS  OF  ALTERNATIVE CARE OPTIONS
 INTENDED TO OPTIMIZE PATIENT CARE DEVELOPED BY INDEPENDENT ORGANIZATIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07220-01-5
 S. 3323                             2

 
 OR MEDICAL PROFESSIONAL SOCIETIES UTILIZING  A  TRANSPARENT  METHODOLOGY
 AND REPORTING STRUCTURE AND WITH A CONFLICT OF INTEREST POLICY.
   §  3.  Paragraph  1 of subsection (c) of section 4303 of the insurance
 law is amended by adding a new subparagraph (D) to read as follows:
   (D) COVERAGE PROVIDED UNDER THIS  PARAGRAPH  FOR  CARE  AND  TREATMENT
 DURING  PREGNANCY  SHALL INCLUDE MEDICALLY NECESSARY TRANSVAGINAL ULTRA-
 SOUNDS WHEN  RECOMMENDED  BY  NATIONALLY  RECOGNIZED  CLINICAL  PRACTICE
 GUIDELINES.  FOR  THE  PURPOSES OF THIS SUBPARAGRAPH, "NATIONALLY RECOG-
 NIZED CLINICAL PRACTICE GUIDELINES" MEANS EVIDENCE-BASED CLINICAL  PRAC-
 TICE  GUIDELINES  INFORMED  BY  A  SYSTEMATIC  REVIEW OF EVIDENCE AND AN
 ASSESSMENT OF THE  BENEFITS,  AND  RISKS  OF  ALTERNATIVE  CARE  OPTIONS
 INTENDED TO OPTIMIZE PATIENT CARE DEVELOPED BY INDEPENDENT ORGANIZATIONS
 OR  MEDICAL  PROFESSIONAL  SOCIETIES UTILIZING A TRANSPARENT METHODOLOGY
 AND REPORTING STRUCTURE AND WITH A CONFLICT OF INTEREST POLICY.
   § 4. This act shall take effect January 1, 2027 and shall apply to any
 policy or contract issued, renewed, modified, altered, or amended on  or
 after such date.

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