STATE OF NEW YORK
________________________________________________________________________
5502
2019-2020 Regular Sessions
IN ASSEMBLY
February 13, 2019
___________
Introduced by M. of A. JEAN-PIERRE, COOK, WALKER, COLTON, JAFFEE, HYND-
MAN, DICKENS, ZEBROWSKI, SIMON, D'URSO, ROZIC, ABINANTI, BLAKE, McDO-
NOUGH, M. L. MILLER, PALUMBO, WRIGHT, JOYNER, BRABENEC, GARBARINO --
Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, in relation to enacting "Shannon's
Law"
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Shannon's Law".
3 § 2. Subparagraph (A) of paragraph 11 of subsection (i) of section
4 3216 of the insurance law, as amended by chapter 414 of the laws of
5 2017, is amended to read as follows:
6 (A) Every policy that provides coverage for hospital, surgical or
7 medical care shall provide the following coverage for mammography
8 screening for occult breast cancer:
9 (i) upon the recommendation of a physician, a mammogram, which may be
10 provided by breast tomosynthesis, at any age for covered persons having
11 a prior history of breast cancer or who have a first degree relative
12 with a prior history of breast cancer;
13 (ii) a single baseline mammogram, which may be provided by breast
14 tomosynthesis, for covered persons aged thirty-five through thirty-nine,
15 inclusive; [and]
16 (iii) upon the recommendation of a physician, an annual mammogram for
17 covered persons aged thirty-five through thirty-nine, inclusive; and
18 (iv) an annual mammogram, which may be provided by breast tomosynthe-
19 sis, for covered persons aged forty and older.
20 § 3. Subparagraph (A) of paragraph 11 of subsection (l) of section
21 3221 of the insurance law, as amended by chapter 414 of the laws of
22 2017, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09044-01-9
A. 5502 2
1 (A) Every insurer delivering a group or blanket policy or issuing a
2 group or blanket policy for delivery in this state that provides cover-
3 age for hospital, surgical or medical care shall provide the following
4 coverage for mammography screening for occult breast cancer:
5 (i) upon the recommendation of a physician, a mammogram, which may be
6 provided by breast tomosynthesis, at any age for covered persons having
7 a prior history of breast cancer or who have a first degree relative
8 with a prior history of breast cancer;
9 (ii) a single baseline mammogram, which may be provided by breast
10 tomosynthesis, for covered persons aged thirty-five through thirty-nine,
11 inclusive; [and]
12 (iii) upon the recommendation of a physician, an annual mammogram for
13 covered persons aged thirty-five through thirty-nine, inclusive; and
14 (iv) an annual mammogram, which may be provided by breast tomosynthe-
15 sis, for covered persons aged forty and older.
16 § 4. Subparagraphs (B), (C) and (D) of paragraph 1 of subsection (p)
17 of section 4303 of the insurance law, subparagraphs (B) and (C) as
18 amended by chapter 414 of the laws of 2017, subparagraph (D) as amended
19 by chapter 74 of the laws of 2016, are amended to read as follows:
20 (B) a single baseline mammogram, which may be provided by breast tomo-
21 synthesis, for covered persons aged thirty-five through thirty-nine,
22 inclusive; [and]
23 (C) upon the recommendation of a physician, an annual mammogram for
24 covered persons aged thirty-five through thirty-nine, inclusive; and
25 (D) an annual mammogram, which may be provided by breast tomosythesis,
26 for covered persons aged forty and older[.]; and
27 [(D)] (E) The coverage required in this paragraph or paragraph two of
28 this subsection shall not be subject to annual deductibles or coinsu-
29 rance.
30 § 5. This act shall take effect on the thirtieth day after it shall
31 have become a law, and shall apply to policies and contracts issued,
32 renewed, modified, altered or amended on or after such effective date.