S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2346
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER,  ROZIC, COLTON, JAFFEE, COOK, RAIA,
   MONTESANO -- Multi-Sponsored by -- M. of A. BARNWELL -- read once  and
   referred to the Committee on Insurance
 
 AN  ACT to amend the insurance law, in relation to coverage for the HALO
   breast pap test to detect risk of developing breast 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 35 to read as follows:
   (35) (A) EVERY POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL,  SURGICAL,
 OR  MEDICAL CARE COVERAGE SHALL PROVIDE COVERAGE FOR THE HALO BREAST PAP
 TEST TO DETECT A WOMAN'S RISK OF DEVELOPING  BREAST  CANCER,  WHEN  SUCH
 TEST IS RECOMMENDED BY A PHYSICIAN OR CERTIFIED NURSE PRACTITIONER.
   (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)  FOR  PURPOSES  OF  THIS  SECTION,  "HALO BREAST PAP TEST" MEANS A
 PROCEDURE THAT ENTAILS COLLECTION OF NIPPLE ASPIRATE FLUID FOR CYTOLOGI-
 CAL EVALUATION.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 21 to read as follows:
   (21) (A) A GROUP OR BLANKET ACCIDENT OR  HEALTH  INSURANCE  POLICY  OR
 ISSUING A GROUP BLANKET POLICY FOR DELIVERY IN THIS STATE WHICH PROVIDES
 COVERAGE  FOR HOSPITAL, SURGICAL, OR MEDICAL CARE COVERAGE SHALL PROVIDE
 COVERAGE FOR THE HALO BREAST PAP TEST TO DETECT A WOMAN'S RISK OF DEVEL-
 OPING BREAST CANCER, WHEN SUCH TEST IS RECOMMENDED  BY  A  PHYSICIAN  OR
 CERTIFIED NURSE PRACTITIONER.
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00898-01-9
              

 A. 2346                             2
 
   (C)  FOR  PURPOSES  OF  THIS  SECTION,  "HALO BREAST PAP TEST" MEANS A
 PROCEDURE THAT ENTAILS COLLECTION OF NIPPLE ASPIRATE FLUID FOR CYTOLOGI-
 CAL EVALUATION.
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ss) to read as follows:
   (SS)(1) A MEDICAL EXPENSE INDEMNITY CORPORATION,  A  HOSPITAL  SERVICE
 CORPORATION  OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR
 HOSPITAL, SURGICAL, OR MEDICAL CARE COVERAGE SHALL PROVIDE COVERAGE  FOR
 THE  HALO  BREAST PAP TEST TO DETECT A WOMAN'S RISK OF DEVELOPING BREAST
 CANCER, WHEN SUCH TEST IS RECOMMENDED BY A PHYSICIAN OR CERTIFIED  NURSE
 PRACTITIONER.
   (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)  FOR  PURPOSES  OF  THIS  SECTION,  "HALO BREAST PAP TEST" MEANS A
 PROCEDURE THAT ENTAILS COLLECTION OF NIPPLE ASPIRATE FLUID FOR CYTOLOGI-
 CAL EVALUATION.
   § 4. This act shall take effect on the first of January next  succeed-
 ing  the date on which it shall have become a law and shall apply to all
 policies or contracts issued, renewed, modified, altered or  amended  on
 and after such effective date.