S1392-2011 Actions

• Jan 4, 2012: REFERRED TO INSURANCE
• Jan 7, 2011: REFERRED TO INSURANCE

S1392-2011 Memo

BILL NUMBER:S1392

TITLE OF BILL:
An act to amend the insurance law, in relation to providing for health
insurance coverage for diagnostic screening for colorectal cancer

PURPOSE:
As April 15th through April 21st is National Minority Cancer Awareness
Week,  I  am  introducing  this  legislation  which requires insurance
coverage for the screening of colorectal cancer.

SUMMARY OF PROVISIONS:
Every policy issued in New York State providing medical coverage shall
provide the following cover for diagnostic  screening  for  colorectal
cancer:

* Digital rectal examination at any age for cancer or personal history
of polyps or other possible indicators of the disease.

* Annual diagnostic examination for people age 40 and over with family
history of other risk factors.

JUSTIFICATION:
Colorectal  cancer  is the second most common cause of cancer death in
the united States. The National Colorectal  Cancer  Research  Alliance
(NCCRA)  estimates that 130,200 new cases of colorectal cancer will be
diagnosed  this  year  with  56,300  deaths  due   to   the   disease.
Approximately  two'  thirds  of  the deaths from colorectal cancer are
preventable with regular screening and simple  prevention  techniques.
For  most Americans, standard screening with sigmoidoscpy and checking
the stool for blood should begin at the age of 50.

Colorectal cancer is a disease in which the  cells  of  the  colon  or
rectum  become abnormal and begin to divide without control, forming a
mass called a polyp.

The implementation of such screenings as are  outlined  in  this  bill
would aid in reducing the number of individuals who develop colorectal
cancer while also reducing the number of deaths due to the disease.

LEGISLATIVE HISTORY:;
2009-2010 Referred to Insurance; Reported to Finance (S.1189)
2007-2008 Referred to Insurance (S.4450)

FISCAL IMPLICATIONS:;
Has not been determined.

EFFECTIVE DATE:
This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.

S1392-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1392

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 7, 2011
                                 ___________

  Introduced  by Sens. PERKINS, DUANE, HASSELL-THOMPSON, KRUEGER, MONTGOM-
    ERY, PARKER, SAMPSON, SERRANO, SMITH, STAVISKY, VALESKY -- 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 providing for health
    insurance coverage for diagnostic screening for colorectal 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-b to read as follows:

    (11-B) (A) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
  WHICH PROVIDES MEDICAL COVERAGE THAT  INCLUDES  COVERAGE  FOR  PHYSICIAN
  SERVICES  IN  A PHYSICIAN'S OFFICE AND EVERY POLICY WHICH PROVIDES MAJOR
  MEDICAL OR SIMILAR COMPREHENSIVE-TYPE COVERAGE SHALL PROVIDE,  UPON  THE
  PRESCRIPTION  OF  A HEALTH CARE PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE
  UNDER TITLE EIGHT OF THE EDUCATION LAW, THE FOLLOWING COVERAGE FOR DIAG-
  NOSTIC SCREENING FOR COLORECTAL CANCER:

    (I) STANDARD DIAGNOSTIC TESTING  INCLUDING,  BUT  NOT  LIMITED  TO,  A
  DIGITAL RECTAL EXAMINATION AT ANY AGE FOR PEOPLE HAVING A FAMILY HISTORY
  OF  COLORECTAL  CANCER  OR  A PERSONAL HISTORY OF POLYPS OR INFLAMMATORY
  BOWEL DISEASE; AND
    (II) AN ANNUAL STANDARD  DIAGNOSTIC  EXAMINATION  INCLUDING,  BUT  NOT
  LIMITED  TO,  A DIGITAL RECTAL EXAMINATION FOR PEOPLE AGE FIFTY AND OVER
  WHO ARE ASYMPTOMATIC AND FOR PEOPLE AGE FORTY AND  OVER  WITH  A  FAMILY
  HISTORY OF COLORECTAL CANCER OR OTHER COLORECTAL CANCER RISK FACTORS.
    (B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
  AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
  WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
    S 2. Subsection (l) of section 3221 of the insurance law is amended by
  adding a new paragraph 11-b to read as follows:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05361-01-1

 S. 1392                             2

    (11-B) (A) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE
  WHICH  PROVIDES  MEDICAL  COVERAGE  THAT INCLUDES COVERAGE FOR PHYSICIAN
  SERVICES IN A PHYSICIAN'S OFFICE AND EVERY POLICY WHICH  PROVIDES  MAJOR
  MEDICAL  OR  SIMILAR COMPREHENSIVE-TYPE COVERAGE SHALL PROVIDE, UPON THE
  PRESCRIPTION  OF  A HEALTH CARE PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE
  UNDER TITLE EIGHT OF THE EDUCATION LAW, THE FOLLOWING COVERAGE FOR DIAG-
  NOSTIC SCREENING FOR COLORECTAL CANCER:

    (I) STANDARD DIAGNOSTIC TESTING  INCLUDING,  BUT  NOT  LIMITED  TO,  A
  DIGITAL RECTAL EXAMINATION AT ANY AGE FOR PEOPLE HAVING A FAMILY HISTORY
  OF  COLORECTAL  CANCER  OR  A PERSONAL HISTORY OF POLYPS OR INFLAMMATORY
  BOWEL DISEASE; AND
    (II) AN ANNUAL STANDARD  DIAGNOSTIC  EXAMINATION  INCLUDING,  BUT  NOT
  LIMITED  TO,  A DIGITAL RECTAL EXAMINATION FOR PEOPLE AGE FIFTY AND OVER
  WHO ARE ASYMPTOMATIC AND FOR PEOPLE AGE FORTY AND  OVER  WITH  A  FAMILY
  HISTORY OF COLORECTAL CANCER OR OTHER COLORECTAL CANCER RISK FACTORS.
    (B) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
  AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
  WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
    S  3.  Section  4303  of  the insurance law is amended by adding a new
  subsection (z-2) to read as follows:

    (Z-2) (1) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS  STATE
  WHICH  PROVIDES  MEDICAL  COVERAGE  THAT INCLUDES COVERAGE FOR PHYSICIAN
  SERVICES IN A PHYSICIAN'S OFFICE AND EVERY POLICY WHICH  PROVIDES  MAJOR
  MEDICAL  OR  SIMILAR COMPREHENSIVE-TYPE COVERAGE SHALL PROVIDE, UPON THE
  PRESCRIPTION OF A HEALTH CARE PROVIDER LEGALLY AUTHORIZED  TO  PRESCRIBE
  UNDER TITLE EIGHT OF THE EDUCATION LAW, THE FOLLOWING COVERAGE FOR DIAG-
  NOSTIC SCREENING FOR COLORECTAL CANCER:

    (A)  STANDARD  DIAGNOSTIC  TESTING  INCLUDING,  BUT  NOT LIMITED TO, A
  DIGITAL RECTAL EXAMINATION AT ANY AGE FOR PEOPLE HAVING A FAMILY HISTORY
  OF COLORECTAL CANCER OR A PERSONAL HISTORY  OF  POLYPS  OR  INFLAMMATORY
  BOWEL DISEASE; AND
    (B)  AN  ANNUAL  STANDARD  DIAGNOSTIC  EXAMINATION  INCLUDING, BUT NOT
  LIMITED TO, A DIGITAL RECTAL EXAMINATION FOR PEOPLE AGE FIFTY  AND  OVER
  WHO  ARE  ASYMPTOMATIC  AND  FOR PEOPLE AGE FORTY AND OVER WITH A FAMILY
  HISTORY OF COLORECTAL CANCER OR OTHER COLORECTAL CANCER RISK FACTORS.
    (2) SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE
  AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND AS ARE CONSISTENT
  WITH THOSE ESTABLISHED FOR OTHER BENEFITS WITHIN A GIVEN POLICY.
    S 4. This act shall take effect on the first of January next  succeed-
  ing the date on which it shall have become a law.