NY State Senate Bill 2015-S2402A

Senate Bill S2402A

2015-2016 Legislative Session

Provides that policies which provide hospital, surgical or medical coverage shall provide coverage for hysterectomies

download bill text pdf

Archive: Last 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 29, 2016	print number 2402a
Jan 29, 2016	amend and recommit to insurance
Jan 06, 2016	referred to insurance
Jan 23, 2015	referred to insurance

Bill Amendments

Original

A (Active)

2015-S2402 - Details

See Assembly Version of this Bill:: A3457
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2464
2011-2012: S3833
2013-2014: S2887
2017-2018: S4341, A6261
2019-2020: S3307, A6880
2021-2022: A3182
2023-2024: A6007

2015-S2402 - Summary

Provides that insurance policies which provide hospital, surgical or medical coverage shall provide coverage for hysterectomies; provides that such coverage shall include inpatient hospital coverage for a minimum period of seventy-two hours after surgery.

2015-S2402 - Sponsor Memo

                                BILL NUMBER:S2402

TITLE OF BILL:

An  act  to  amend  the  insurance  law,  in  relation  to coverage of
hysterectomies

PURPOSE:

To require  policies  which  provide  hospital,  surgical  or  medical
coverage   to  also  provide  coverage  for  hysterectomies  including
inpatient hospital coverage for a minimum period of seventy-two  hours
after surgery.

SUMMARY OF PROVISIONS:

Section  1. Amends subsection (i) of section 3216 of the insurance law
by adding a new paragraph 32.

§ 2. Amends subsection (1) of section 3221 of  the  insurance  law  by
adding a new paragraph 19

§  3.  Amends  section  4303  of  the  insurance  law  by adding a new
subsection (pp).

JUSTIFICATION:

Certain health insurance carriers, health  maintenance  organizations,
health  plans,  and  hospitals have been restricting coverage and care
with respect to the length of hospital stay  following  hysterectomies
in  ways  that  Jeopardize  the  life  and health of women and violate
reasonable professional standards. The  provisions  of  this  act  are
necessary to provide a reasonable and uniform standard of coverage and
care to protect the public health.

The  intent  of  this legislation is to require policies which provide
hospital, surgical or medical coverage to include  inpatient  hospital
coverage  for  a  minimum  period  of seventy-two hours after surgery.
Hysterectomies are invasive surgical procedures  which  require  ample
time from which to recover.

LEGISLATIVE HISTORY:

2013-14 S.2887;
2011-12 S.3833;
2009-10 S.2464;
2007-08, S.1564;
2005-06, S.5636.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This  act  shall take effect on the one hundred twentieth day after it
shall have become a law.

2015-S2402 - Bill Text download pdf

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

    S. 2402                                                  A. 3457

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 23, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Insurance

IN  ASSEMBLY  --  Introduced  by M. of A. COOK, GUNTHER, TITONE, WEPRIN,
  MARKEY, SCARBOROUGH, JAFFEE, HOOPER -- Multi-Sponsored by -- M. of  A.
  SCHIMEL -- read once and referred to the Committee on Insurance

AN  ACT to amend the insurance law, in relation to coverage of hysterec-
  tomies

  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 32 to read as follows:
  (32) (A) EVERY POLICY WHICH PROVIDES  HOSPITAL,  SURGICAL  OR  MEDICAL
COVERAGE, OR SIMILAR COMPREHENSIVE TYPE COVERAGE, SHALL PROVIDE COVERAGE
FOR  ALL  COST FOR HYSTERECTOMIES. SUCH COVERAGE SHALL INCLUDE INPATIENT
HOSPITAL COVERAGE FOR  A  MINIMUM  PERIOD  OF  SEVENTY-TWO  HOURS  AFTER
SURGERY.
  (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.
  (C)  COVERAGE  UNDER  THIS  PARAGRAPH  SHALL NOT RESTRICT OR ELIMINATE
EXISTING COVERAGE PROVIDED BY THE POLICY AND NOTHING IN  THIS  PARAGRAPH
SHALL  BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT OR
BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
  S 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:
  (19) (A) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR  DELIV-
ERY IN THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE,
OR  SIMILAR  COMPREHENSIVE TYPE COVERAGE, SHALL PROVIDE COVERAGE FOR ALL
COST FOR HYSTERECTOMIES. SUCH COVERAGE SHALL INCLUDE INPATIENT  HOSPITAL
COVERAGE FOR A MINIMUM PERIOD OF SEVENTY-TWO HOURS AFTER SURGERY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03053-02-5

S. 2402                             2                            A. 3457

  (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.
  (C)  COVERAGE  UNDER  THIS  PARAGRAPH  SHALL NOT RESTRICT OR ELIMINATE
EXISTING COVERAGE PROVIDED BY THE POLICY AND NOTHING IN  THIS  PARAGRAPH
SHALL  BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT OR
BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
  S 3. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (pp) to read as follows:
  (PP)  1. EVERY MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE
CORPORATION AND HEALTH  SERVICE  CORPORATION  WHICH  PROVIDES  HOSPITAL,
SURGICAL  OR  MEDICAL  COVERAGE, OR SIMILAR COMPREHENSIVE TYPE COVERAGE,
SHALL PROVIDE COVERAGE FOR ALL COST FOR  HYSTERECTOMIES.  SUCH  COVERAGE
SHALL INCLUDE INPATIENT HOSPITAL COVERAGE FOR A MINIMUM PERIOD OF SEVEN-
TY-TWO HOURS AFTER SURGERY.
  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.
  3. COVERAGE UNDER THIS SUBSECTION  SHALL  NOT  RESTRICT  OR  ELIMINATE
EXISTING  COVERAGE PROVIDED BY THE POLICY AND NOTHING IN THIS SUBSECTION
SHALL BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT  OR
BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
  S 4. This act shall take effect on the one hundred twentieth day after
it  shall have become a law and shall apply to all policies entered into
or renewed on and after such effective date.

2015-S2402A (ACTIVE) - Details

See Assembly Version of this Bill:: A3457
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2464
2011-2012: S3833
2013-2014: S2887
2017-2018: S4341, A6261
2019-2020: S3307, A6880
2021-2022: A3182
2023-2024: A6007

2015-S2402A (ACTIVE) - Summary

2015-S2402A (ACTIVE) - Sponsor Memo

2015-S2402A (ACTIVE) - Bill Text download pdf

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

    S. 2402--A                                            A. 3457--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 23, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Insurance --
  recommitted to the Committee on Insurance in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A.  COOK,  GUNTHER,  TITONE,  WEPRIN,
  MARKEY,  JAFFEE,  HOOPER  -- Multi-Sponsored by -- M. of A. SCHIMEL --
  read once and referred to the Committee on Insurance -- recommitted to
  the Committee on Insurance 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 coverage of  hysterec-
  tomies

  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 33 to read as follows:
  (33)  (A)  EVERY  POLICY  WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL
COVERAGE, OR SIMILAR COMPREHENSIVE TYPE COVERAGE, SHALL PROVIDE COVERAGE
FOR ALL COST FOR HYSTERECTOMIES. SUCH COVERAGE SHALL  INCLUDE  INPATIENT
HOSPITAL  COVERAGE  FOR  A  MINIMUM  PERIOD  OF  SEVENTY-TWO HOURS AFTER
SURGERY.
  (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.
  (C) COVERAGE UNDER THIS PARAGRAPH  SHALL  NOT  RESTRICT  OR  ELIMINATE
EXISTING  COVERAGE  PROVIDED BY THE POLICY AND NOTHING IN THIS PARAGRAPH
SHALL BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT  OR
BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03053-03-6

S. 2402--A                          2                         A. 3457--A

  S 2. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:
  (19)  (A) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIV-
ERY IN THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL COVERAGE,
OR SIMILAR COMPREHENSIVE TYPE COVERAGE, SHALL PROVIDE COVERAGE  FOR  ALL
COST  FOR HYSTERECTOMIES. SUCH COVERAGE SHALL INCLUDE INPATIENT HOSPITAL
COVERAGE FOR A MINIMUM PERIOD OF SEVENTY-TWO HOURS AFTER SURGERY.
  (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.
  (C) COVERAGE UNDER THIS PARAGRAPH  SHALL  NOT  RESTRICT  OR  ELIMINATE
EXISTING  COVERAGE  PROVIDED BY THE POLICY AND NOTHING IN THIS PARAGRAPH
SHALL BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT  OR
BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
  S  3.  Section  4303  of  the insurance law is amended by adding a new
subsection (qq) to read as follows:
  (QQ) 1. EVERY MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL  SERVICE
CORPORATION  AND  HEALTH  SERVICE  CORPORATION  WHICH PROVIDES HOSPITAL,
SURGICAL OR MEDICAL COVERAGE, OR SIMILAR  COMPREHENSIVE  TYPE  COVERAGE,
SHALL  PROVIDE  COVERAGE  FOR ALL COST FOR HYSTERECTOMIES. SUCH COVERAGE
SHALL INCLUDE INPATIENT HOSPITAL COVERAGE FOR A MINIMUM PERIOD OF SEVEN-
TY-TWO HOURS AFTER SURGERY.
  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.
  3.  COVERAGE  UNDER  THIS  SUBSECTION  SHALL NOT RESTRICT OR ELIMINATE
EXISTING COVERAGE PROVIDED BY THE POLICY AND NOTHING IN THIS  SUBSECTION
SHALL  BE CONSTRUED TO DENY OR RESTRICT IN ANY WAY ANY EXISTING RIGHT OR
BENEFIT PROVIDED UNDER LAW OR BY CONTRACT.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to all policies entered  into
or renewed on and after such effective date.

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