NY State Senate Bill 2015-S756A

Senate Bill S756A

2015-2016 Legislative Session

Requires providers of health care policies to provide coverage for colorectal cancer early detection

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
Feb 02, 2016	print number 756a
Feb 02, 2016	amend and recommit to insurance
Jan 06, 2016	referred to insurance
Jan 07, 2015	referred to insurance

Bill Amendments

Original

A (Active)

2015-S756 - Details

See Assembly Version of this Bill:: A102
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6140
2011-2012: S6941, A552
2013-2014: S543, A639
2017-2018: S1836, A344
2019-2020: S8051, A2883
2021-2022: S906, A2085

2015-S756 - Summary

Requires providers of health care policies to provide coverage for colorectal cancer early detection for persons fifty years of age or older; requires the superintendent of financial services to provide notification to enrollees of such coverage via mail.

2015-S756 - Sponsor Memo

                                BILL NUMBER:S756

TITLE OF BILL:

An act to amend the insurance law, in relation to providing insurance
coverage for colorectal cancer early detection

PURPOSE:

This bill will require health insurance providers to cover the costs
of colon screening by colonoscopy in men and women age 50 and older.

SUMMARY OF PROVISIONS:

This bill amends paragraph 27 of subsection (i) of section 3216 of the
insurance law, as added by chapter 457 of the laws of 2010, renumbered
paragraph 32 and will add a new paragraph 34 to read as follows: (34)
Every policy issued or delivered in this state shall provide coverage
for colon cancer screening for persons fifty years of age or older.
Such coverage shall include, but not be limited to, the costs of a
colonoscopy or coloscopy.

JUSTIFICATION:

Colon cancer is the second leading cancer killer in America and is the
primary cancer killer among nonsmokers. Without preventative action,

one in every 17 Americans will be diagnosed with colon cancer.
However, with colonoscopy screening, that risk is reduced to as low as
one in 100 people, Studies have found that a colonoscopy can detect
cancer in patients without symptoms that would be missed by other
screening methods. With such a preventative screening technique,
cancer is detected earlier and treatment is more likely to be
effective.

LEGISLATIVE HISTORY:

2012: S.6941 Referred to Insurance
2013: S.543 Referred to Insurance

FISCAL IMPLICATIONS:

Any cost of enacting this legislation is far overshadowed by potential
lives and dollars saved by early detection and treatment of colon
cancer.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to any policy
issued, delivered, renewed, and/or modified on or after the effective
date of this act.

2015-S756 - Bill Text download pdf

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

                                   756

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- 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  insurance
  coverage for colorectal cancer early detection

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 27 of subsection  (i)  of  section  3216  of  the
insurance  law,  as  added by chapter 457 of the laws of 2010, is renum-
bered paragraph 32, paragraph 28 of subsection (i) of  section  3216  of
the  insurance  law,  as  amended  by chapter 11 of the laws of 2012, is
renumbered paragraph 33 and a new paragraph  34  is  added  to  read  as
follows:
  (34) (A) EVERY POLICY WHICH PROVIDES COVERAGE PURSUANT TO THIS SECTION
SHALL  PROVIDE  COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER PERSON COVERED
THEREUNDER FOR EXPENSES INCURRED IN CONDUCTING COLORECTAL  CANCER  EXAM-
INATIONS  AND  LABORATORY TESTS AT REGULAR INTERVALS, INCLUDING EXPENSES
INCURRED IN CONDUCTING PHYSICIAN  CONSULTATIONS  FOR  COLORECTAL  CANCER
PRIOR  TO SUCH EXAMINATIONS AND TESTS, FOR PERSONS FIFTY YEARS OF AGE OR
OLDER AND FOR PERSONS OF ANY AGE WHO ARE CONSIDERED TO BE AT  HIGH  RISK
FOR COLORECTAL CANCER. THE METHODS OF SCREENING FOR WHICH BENEFITS SHALL
BE PROVIDED SHALL INCLUDE BUT NOT BE LIMITED TO:
  (I) A SCREENING FECAL OCCULT BLOOD TEST;
  (II) FLEXIBLE SIGMOIDOSCOPY;
  (III) COLONOSCOPY;
  (IV) BARIUM ENEMA; OR
  (V)  THE MOST RELIABLE, MEDICALLY RECOGNIZED SCREENING TEST AVAILABLE;
AND
  (VI) ANY COMBINATION THEREOF.
  THE METHOD AND FREQUENCY OF SCREENING  TO  BE  UTILIZED  SHALL  BE  IN
ACCORD  WITH  THE  MOST  RECENTLY  PUBLISHED  GUIDELINES OF THE AMERICAN

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

                                                           LBD01543-01-5

S. 756                              2

COLLEGE OF GASTROENTEROLOGY OR THE AMERICAN GASTROENTEROLOGICAL  ASSOCI-
ATION IN CONSULTATION WITH THE AMERICAN CANCER SOCIETY.
  (B) AS USED IN THIS PARAGRAPH, "HIGH RISK FOR COLORECTAL CANCER" SHALL
MEAN A PERSON HAS,
  (I)  A  FAMILY  HISTORY  OF FAMILIAL ADENOMATOUS POLYPOSIS; HEREDITARY
NON-POLYPOSIS COLON CANCER; OR BREAST,  OVARIAN,  ENDOMETRIAL  OR  COLON
CANCER OR POLYPS;
  (II) CHRONIC INFLAMMATORY BOWEL DISEASE; OR
  (III) A BACKGROUND, ETHNICITY OR LIFESTYLE THAT THE PHYSICIAN BELIEVES
PUTS THE PERSON AT ELEVATED RISK FOR COLORECTAL CANCER.
  S 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 20 to read as follows:
  (20) (A) EVERY POLICY WHICH PROVIDES COVERAGE PURSUANT TO THIS SECTION
SHALL  PROVIDE  COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER PERSON COVERED
THEREUNDER FOR EXPENSES INCURRED IN CONDUCTING COLORECTAL  CANCER  EXAM-
INATIONS  AND  LABORATORY TESTS AT REGULAR INTERVALS, INCLUDING EXPENSES
INCURRED IN CONDUCTING PHYSICIAN  CONSULTATIONS  FOR  COLORECTAL  CANCER
PRIOR  TO SUCH EXAMINATIONS AND TESTS, FOR PERSONS FIFTY YEARS OF AGE OR
OLDER AND FOR PERSONS OF ANY AGE WHO ARE CONSIDERED TO BE AT  HIGH  RISK
FOR COLORECTAL CANCER. THE METHODS OF SCREENING FOR WHICH BENEFITS SHALL
BE PROVIDED SHALL INCLUDE BUT NOT BE LIMITED TO:
  (I) A SCREENING FECAL OCCULT BLOOD TEST;
  (II) FLEXIBLE SIGMOIDOSCOPY;
  (III) COLONOSCOPY;
  (IV) BARIUM ENEMA; OR
  (V)  THE MOST RELIABLE, MEDICALLY RECOGNIZED SCREENING TEST AVAILABLE;
AND
  (VI) ANY COMBINATION THEREOF.
  THE METHOD AND FREQUENCY OF SCREENING  TO  BE  UTILIZED  SHALL  BE  IN
ACCORD  WITH  THE  MOST  RECENTLY  PUBLISHED  GUIDELINES OF THE AMERICAN
COLLEGE OF GASTROENTEROLOGY OR THE AMERICAN GASTROENTEROLOGICAL  ASSOCI-
ATION IN CONSULTATION WITH THE AMERICAN CANCER SOCIETY.
  (B) AS USED IN THIS PARAGRAPH, "HIGH RISK FOR COLORECTAL CANCER" SHALL
MEAN A PERSON HAS,
  (I)  A  FAMILY  HISTORY  OF FAMILIAL ADENOMATOUS POLYPOSIS; HEREDITARY
NON-POLYPOSIS COLON CANCER; OR BREAST,  OVARIAN,  ENDOMETRIAL  OR  COLON
CANCER OR POLYPS;
  (II) CHRONIC INFLAMMATORY BOWEL DISEASE; OR
  (III) A BACKGROUND, ETHNICITY OR LIFESTYLE THAT THE PHYSICIAN BELIEVES
PUTS THE PERSON AT ELEVATED RISK FOR COLORECTAL CANCER.
  S 3. Subsection (a) of section 4303 of the insurance law is amended by
adding a new paragraph 4 to read as follows:
  (4) TO PERSONS FIFTY YEARS OF AGE OR OLDER FOR SERVICES RELATED TO THE
CONDUCTING  OF  COLORECTAL  CANCER  EXAMINATIONS AND LABORATORY TESTS AT
REGULAR INTERVALS, INCLUDING EXPENSES INCURRED IN  CONDUCTING  PHYSICIAN
CONSULTATIONS  FOR  COLORECTAL  CANCER  PRIOR  TO  SUCH EXAMINATIONS AND
TESTS, INCLUDING BUT NOT LIMITED TO, COLONOSCOPIES, COLOSCOPIES, SCREEN-
ING FECAL OCCULT BLOOD TESTS, FLEXIBLE SIGMOIDOSCOPIES OR BARIUM ENEMAS.
  S 4. The superintendent of financial services shall require an  insur-
er,  health  carrier or health benefit plan to notify enrollees annually
of colorectal cancer screenings covered by such enrollees' health  bene-
fit  plan  and  the  most  recently published guidelines of the American
College of Gastroenterology or the American Gastroenterological  Associ-
ation  in  consultation  with the American Cancer Society for colorectal
cancer screenings or notify enrollees at intervals consistent  with  the
most  recently published guidelines of the American College of Gastroen-

S. 756                              3

terology or the American Gastroenterological Association in consultation
with the American Cancer Society of colorectal cancer  screenings  which
are  covered  by such enrollees' health benefit plans.  The notice shall
be  delivered by mail unless the enrollee and health carrier have agreed
on another method  of  notification.  The  superintendent  of  financial
services is authorized to promulgate necessary rules and regulations for
the purposes of providing such notification.
  S  5.  This  act  shall take effect immediately and shall apply to any
policy issued, delivered, renewed,  and/or  modified  on  or  after  the
effective date of this act.

2015-S756A (ACTIVE) - Details

See Assembly Version of this Bill:: A102
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6140
2011-2012: S6941, A552
2013-2014: S543, A639
2017-2018: S1836, A344
2019-2020: S8051, A2883
2021-2022: S906, A2085

2015-S756A (ACTIVE) - Summary

2015-S756A (ACTIVE) - Sponsor Memo

2015-S756A (ACTIVE) - Bill Text download pdf

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

                                 756--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, 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

AN ACT to amend the insurance law, in relation  to  providing  insurance
  coverage for colorectal cancer early detection

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 27 of subsection  (i)  of  section  3216  of  the
insurance  law,  as  added by chapter 457 of the laws of 2010, is renum-
bered paragraph 33, paragraph 28 of subsection (i) of  section  3216  of
the  insurance  law,  as  amended  by chapter 11 of the laws of 2012, is
renumbered paragraph 34 and a new paragraph  35  is  added  to  read  as
follows:
  (35) (A) EVERY POLICY WHICH PROVIDES COVERAGE PURSUANT TO THIS SECTION
SHALL  PROVIDE  COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER PERSON COVERED
THEREUNDER FOR EXPENSES INCURRED IN CONDUCTING COLORECTAL  CANCER  EXAM-
INATIONS  AND  LABORATORY TESTS AT REGULAR INTERVALS, INCLUDING EXPENSES
INCURRED IN CONDUCTING PHYSICIAN  CONSULTATIONS  FOR  COLORECTAL  CANCER
PRIOR  TO SUCH EXAMINATIONS AND TESTS, FOR PERSONS FIFTY YEARS OF AGE OR
OLDER AND FOR PERSONS OF ANY AGE WHO ARE CONSIDERED TO BE AT  HIGH  RISK
FOR COLORECTAL CANCER. THE METHODS OF SCREENING FOR WHICH BENEFITS SHALL
BE PROVIDED SHALL INCLUDE BUT NOT BE LIMITED TO:
  (I) A SCREENING FECAL OCCULT BLOOD TEST;
  (II) FLEXIBLE SIGMOIDOSCOPY;
  (III) COLONOSCOPY;
  (IV) BARIUM ENEMA; OR
  (V)  THE MOST RELIABLE, MEDICALLY RECOGNIZED SCREENING TEST AVAILABLE;
AND

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

                                                           LBD01543-02-6

S. 756--A                           2

  (VI) ANY COMBINATION THEREOF.
  THE  METHOD  AND  FREQUENCY  OF  SCREENING  TO BE UTILIZED SHALL BE IN
ACCORD WITH THE MOST  RECENTLY  PUBLISHED  GUIDELINES  OF  THE  AMERICAN
COLLEGE  OF GASTROENTEROLOGY OR THE AMERICAN GASTROENTEROLOGICAL ASSOCI-
ATION IN CONSULTATION WITH THE AMERICAN CANCER SOCIETY.
  (B) AS USED IN THIS PARAGRAPH, "HIGH RISK FOR COLORECTAL CANCER" SHALL
MEAN A PERSON HAS,
  (I) A FAMILY HISTORY OF  FAMILIAL  ADENOMATOUS  POLYPOSIS;  HEREDITARY
NON-POLYPOSIS  COLON  CANCER;  OR  BREAST, OVARIAN, ENDOMETRIAL OR COLON
CANCER OR POLYPS;
  (II) CHRONIC INFLAMMATORY BOWEL DISEASE; OR
  (III) A BACKGROUND, ETHNICITY OR LIFESTYLE THAT THE PHYSICIAN BELIEVES
PUTS THE PERSON AT ELEVATED RISK FOR COLORECTAL CANCER.
  S 2. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 21 to read as follows:
  (21) (A) EVERY POLICY WHICH PROVIDES COVERAGE PURSUANT TO THIS SECTION
SHALL PROVIDE COVERAGE TO ANY NAMED SUBSCRIBER OR OTHER  PERSON  COVERED
THEREUNDER  FOR  EXPENSES INCURRED IN CONDUCTING COLORECTAL CANCER EXAM-
INATIONS AND LABORATORY TESTS AT REGULAR INTERVALS,  INCLUDING  EXPENSES
INCURRED  IN  CONDUCTING  PHYSICIAN  CONSULTATIONS FOR COLORECTAL CANCER
PRIOR TO SUCH EXAMINATIONS AND TESTS, FOR PERSONS FIFTY YEARS OF AGE  OR
OLDER  AND  FOR PERSONS OF ANY AGE WHO ARE CONSIDERED TO BE AT HIGH RISK
FOR COLORECTAL CANCER. THE METHODS OF SCREENING FOR WHICH BENEFITS SHALL
BE PROVIDED SHALL INCLUDE BUT NOT BE LIMITED TO:
  (I) A SCREENING FECAL OCCULT BLOOD TEST;
  (II) FLEXIBLE SIGMOIDOSCOPY;
  (III) COLONOSCOPY;
  (IV) BARIUM ENEMA; OR
  (V) THE MOST RELIABLE, MEDICALLY RECOGNIZED SCREENING TEST  AVAILABLE;
AND
  (VI) ANY COMBINATION THEREOF.
  THE  METHOD  AND  FREQUENCY  OF  SCREENING  TO BE UTILIZED SHALL BE IN
ACCORD WITH THE MOST  RECENTLY  PUBLISHED  GUIDELINES  OF  THE  AMERICAN
COLLEGE  OF GASTROENTEROLOGY OR THE AMERICAN GASTROENTEROLOGICAL ASSOCI-
ATION IN CONSULTATION WITH THE AMERICAN CANCER SOCIETY.
  (B) AS USED IN THIS PARAGRAPH, "HIGH RISK FOR COLORECTAL CANCER" SHALL
MEAN A PERSON HAS,
  (I) A FAMILY HISTORY OF  FAMILIAL  ADENOMATOUS  POLYPOSIS;  HEREDITARY
NON-POLYPOSIS  COLON  CANCER;  OR  BREAST, OVARIAN, ENDOMETRIAL OR COLON
CANCER OR POLYPS;
  (II) CHRONIC INFLAMMATORY BOWEL DISEASE; OR
  (III) A BACKGROUND, ETHNICITY OR LIFESTYLE THAT THE PHYSICIAN BELIEVES
PUTS THE PERSON AT ELEVATED RISK FOR COLORECTAL CANCER.
  S 3. Subsection (a) of section 4303 of the insurance law is amended by
adding a new paragraph 4 to read as follows:
  (4) TO PERSONS FIFTY YEARS OF AGE OR OLDER FOR SERVICES RELATED TO THE
CONDUCTING OF COLORECTAL CANCER EXAMINATIONS  AND  LABORATORY  TESTS  AT
REGULAR  INTERVALS,  INCLUDING EXPENSES INCURRED IN CONDUCTING PHYSICIAN
CONSULTATIONS FOR COLORECTAL  CANCER  PRIOR  TO  SUCH  EXAMINATIONS  AND
TESTS, INCLUDING BUT NOT LIMITED TO, COLONOSCOPIES, COLOSCOPIES, SCREEN-
ING FECAL OCCULT BLOOD TESTS, FLEXIBLE SIGMOIDOSCOPIES OR BARIUM ENEMAS.
  S  4. The superintendent of financial services shall require an insur-
er, health carrier or health benefit plan to notify  enrollees  annually
of  colorectal cancer screenings covered by such enrollees' health bene-
fit plan and the most recently  published  guidelines  of  the  American
College  of Gastroenterology or the American Gastroenterological Associ-

S. 756--A                           3

ation in consultation with the American Cancer  Society  for  colorectal
cancer  screenings  or notify enrollees at intervals consistent with the
most recently published guidelines of the American College of  Gastroen-
terology or the American Gastroenterological Association in consultation
with  the  American Cancer Society of colorectal cancer screenings which
are covered by such enrollees' health benefit plans.   The notice  shall
be  delivered by mail unless the enrollee and health carrier have agreed
on another method  of  notification.  The  superintendent  of  financial
services is authorized to promulgate necessary rules and regulations for
the purposes of providing such notification.
  S  5.  This  act  shall take effect immediately and shall apply to any
policy issued, delivered, renewed,  and/or  modified  on  or  after  the
effective date of this act.

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