Requires that insurance companies provide coverage for surveillance tests for ovarian cancer of insured individuals who are deemed to be at risk for ovarian cancer.

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A839A-2011 Actions

• Mar 1, 2012: print number 839a
• Mar 1, 2012: amend and recommit to insurance
• Jan 4, 2012: referred to insurance
• Jan 5, 2011: referred to insurance

A839A-2011 Text

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

                                   839--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  M.  of  A.  ORTIZ, JACOBS, COOK, COLTON, CLARK, GUNTHER,
    PEOPLES-STOKES, CAMARA, MILLMAN, N. RIVERA,  BOYLAND,  CAHILL,  ENGLE-
    BRIGHT  -- Multi-Sponsored by -- M. of A. BRENNAN, FARRELL, GOTTFRIED,
    LUPARDO, McENENY, J. RIVERA, WEISENBERG -- read once and  referred  to
    the  Committee  on Insurance -- recommitted to the Committee on Insur-
    ance  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee

  AN ACT to amend the insurance law, in relation to providing coverage for
    surveillance tests 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 29 to read as follows:

    (29)  EVERY  POLICY  THAT  PROVIDES  MEDICAL, MAJOR-MEDICAL OR SIMILAR
  COMPREHENSIVE-TYPE COVERAGE  SHALL  PROVIDE  COVERAGE  FOR  SURVEILLANCE
  TESTS  FOR  OVARIAN  CANCER  FOR  AN  INSURED WHO IS AT RISK FOR OVARIAN
  CANCER. (A) FOR PURPOSES OF THIS SUBSECTION, AN INSURED IS DEEMED TO  BE
  AT RISK IF:

    (I) SHE HAS A FAMILY HISTORY OF:

    1. ONE OR MORE FIRST-DEGREE RELATIVE WITH OVARIAN CANCER;
    2. THREE OR MORE FEMALE RELATIVES WITH BREAST CANCER; OR
    3. NONPOLYPOSIS COLORECTAL CANCER; OR
    (II) SHE TESTS POSITIVE FOR BRCA1 OR BRCA2 MUTATIONS.
    (B)  FOR  PURPOSES  OF THIS SUBSECTION, SURVEILLANCE TESTS FOR OVARIAN
  CANCER SHALL MEAN ANNUAL SCREENING FOR OVARIAN CANCER USING:

    (I) CA-125 SERUM TUMOR MARKER TESTING;
    (II) TRANSVAGINAL ULTRASOUND; AND
    (III) PELVIC EXAMINATION.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03703-02-2

 A. 839--A                           2

    S 2. Subsection (k) of section 3221 of the insurance law is amended by
  adding a new paragraph 18 to read as follows:

    (18) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
  THIS  STATE  WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE SHALL
  INCLUDE COVERAGE FOR  SURVEILLANCE  TESTS  FOR  OVARIAN  CANCER  FOR  AN
  INSURED  WHO  IS  AT  RISK  FOR OVARIAN CANCER. (A) FOR PURPOSES OF THIS
  SUBSECTION, AN INSURED IS DEEMED TO BE AT RISK IF:

    (I) SHE HAS A FAMILY HISTORY OF:

    1. ONE OR MORE FIRST-DEGREE RELATIVE WITH OVARIAN CANCER;
    2. THREE OR MORE FEMALE RELATIVES WITH BREAST CANCER; OR
    3. NONPOLYPOSIS COLORECTAL CANCER; OR
    (II) SHE TESTS POSITIVE FOR BRCA1 OR BRCA2 MUTATIONS.
    (B) FOR PURPOSES OF THIS SUBSECTION, SURVEILLANCE  TESTS  FOR  OVARIAN
  CANCER SHALL MEAN ANNUAL SCREENING FOR OVARIAN CANCER USING:

    (I) CA-125 SERUM TUMOR MARKER TESTING;
    (II) TRANSVAGINAL ULTRASOUND; AND
    (III) PELVIC EXAMINATION.
    S  3.  Section  4303  of  the insurance law is amended by adding a new
  subsection (ii) to read as follows:

    (II) A HEALTH SERVICE CORPORATION OR MEDICAL EXPENSE INDEMNITY  CORPO-
  RATION    WHICH    PROVIDES    MEDICAL,    MAJOR-MEDICAL    OR   SIMILAR
  COMPREHENSIVE-TYPE COVERAGE MUST PROVIDE COVERAGE FOR SURVEILLANCE TESTS
  FOR OVARIAN CANCER FOR AN INSURED WHO IS AT RISK FOR OVARIAN CANCER. (1)
  FOR PURPOSES OF THIS SUBSECTION, AN INSURED IS DEEMED TO BE AT RISK IF:

    (A) SHE HAS A FAMILY HISTORY OF:

    (I) ONE OR MORE FIRST-DEGREE RELATIVE WITH OVARIAN CANCER;
    (II) THREE OR MORE FEMALE RELATIVES WITH BREAST CANCER; OR
    (III) NONPOLYPOSIS COLORECTAL CANCER; OR
    (B) SHE TESTS POSITIVE FOR BRCA1 OR BRCA2 MUTATIONS.
    (2) FOR PURPOSES OF THIS SUBSECTION, SURVEILLANCE  TESTS  FOR  OVARIAN
  CANCER SHALL MEAN ANNUAL SCREENING FOR OVARIAN CANCER USING:

    (A) CA-125 SERUM TUMOR MARKER TESTING;
    (B) TRANSVAGINAL ULTRASOUND; AND
    (C) PELVIC EXAMINATION.
    S  4.  This  act  shall take effect immediately and shall apply to any
  policy issued, renewed, or modified after such effective date.