Bill Text: NY S00984 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires dihydropyrimidine dehydrogenase deficiency testing prior to fluoropyrmidine or other antimetabolite treatment; requires policies and contracts of insurance to include coverage for dihydropyrimidine dehydrogenase deficiency testing; provides for dihydropyrimidine dehydrogenase deficiency testing under the medical assistance program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S00984 Detail]

Download: New_York-2019-S00984-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           984
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in relation to requiring dihydro-
          pyrimidine dehydrogenase deficiency testing  for  certain  individuals
          with  cancer;  to  amend  the  insurance law, in relation to requiring
          policies and contracts of insurance to include coverage for dihydropy-
          rimidine dehydrogenase deficiency testing; and  to  amend  the  social
          services law, in relation to the provision of dihydropyrimidine dehyd-
          rogenase deficiency testing under the medical assistance program
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public health law is amended by adding  a  new  section
     2  2400-a to read as follows:
     3    §  2400-a.  Dihydropyrimidine dehydrogenase deficiency testing. 1. For
     4  purposes of this section the following terms shall  have  the  following
     5  meanings:
     6    (a)  "Antimetabolites"  means  a  substance  that  interferes with the
     7  normal metabolic processes within cells,  typically  by  combining  with
     8  enzymes.
     9    (b)  "Dihydropyrimidine dehydrogenase deficiency" means a condition in
    10  which the body cannot break down the nucleotides thymine and uracil.
    11    (c) "Fluoropyrmidine" means a group of substances used to treat cancer
    12  through chemotherapy.
    13    2. Every physician or other authorized practitioner who provides fluo-
    14  ropyrmidine or  other  antimetabolites  to  individuals  diagnosed  with
    15  cancer  shall  test for dihydropyrimidine dehydrogenase deficiency prior
    16  to such treatment.
    17    § 2. Subparagraph (A) of paragraph 12-a of subsection (i)  of  section
    18  3216 of the insurance law, as amended by chapter 12 of the laws of 2012,
    19  is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02330-01-9
        S. 984                              2
     1    (A)  Every  policy delivered or issued for delivery in this state that
     2  provides medical, major medical, or similar comprehensive-type  coverage
     3  and  provides coverage for prescription drugs and also provides coverage
     4  for cancer chemotherapy treatment shall provide coverage for prescribed,
     5  orally  administered  anticancer  medications  used  to kill or slow the
     6  growth of cancerous cells, and shall provide coverage for dihydropyrimi-
     7  dine dehydrogenase deficiency testing prior to such treatment where such
     8  treatment consists of fluoropyrmidine  or  other  antimetabolites.  Such
     9  coverage may be subject to co-pays, coinsurance or deductibles, provided
    10  that  the  co-pays, coinsurance or deductibles are at least as favorable
    11  to an insured as the co-pays, coinsurance or deductibles that  apply  to
    12  coverage for intravenous or injected anticancer medications.
    13    §  3.  Subparagraph (A) of paragraph 12-a of subsection (l) of section
    14  3221 of the insurance law, as amended by chapter 12 of the laws of 2012,
    15  is amended to read as follows:
    16    (A) Every policy delivered or issued for delivery in this  state  that
    17  provides  medical, major medical, or similar comprehensive-type coverage
    18  and provides coverage for prescription drugs and also provides  coverage
    19  for cancer chemotherapy treatment shall provide coverage for prescribed,
    20  orally  administered  anticancer  medications  used  to kill or slow the
    21  growth of cancerous cells, and shall provide coverage for dihydropyrimi-
    22  dine dehydrogenase deficiency testing prior to such treatment where such
    23  treatment consists of fluoropyrmidine  or  other  antimetabolites.  Such
    24  coverage may be subject to co-pays, coinsurance or deductibles, provided
    25  that  the  co-pays, coinsurance or deductibles are at least as favorable
    26  to an insured as the co-pays, coinsurance or deductibles that  apply  to
    27  coverage for intravenous or injected anticancer medications.
    28    §  4. Paragraph 1 of subsection (q-1) of section 4303 of the insurance
    29  law, as amended by chapter 12 of the laws of 2012, is amended to read as
    30  follows:
    31    (1) Every contract issued by a medical expense indemnity  corporation,
    32  a  hospital  service  corporation  or  a  health service corporation for
    33  delivery in this state that provides medical, major medical  or  similar
    34  comprehensive-type coverage and provides coverage for prescription drugs
    35  and  for  cancer  chemotherapy  treatment  shall  provide  coverage  for
    36  prescribed, orally administered anticancer medications used to  kill  or
    37  slow the growth of cancerous cells, and shall provide coverage for dihy-
    38  dropyrimidine  dehydrogenase  deficiency testing prior to such treatment
    39  where such treatment consists of fluoropyrmidine or  other  antimetabol-
    40  ites.  Such  coverage  may be subject to co-pays, coinsurance or deduct-
    41  ibles, provided that the co-pays,  coinsurance  or  deductibles  are  at
    42  least  as favorable to an insured as the co-pays, coinsurance or deduct-
    43  ibles that apply to coverage  for  intravenous  or  injected  anticancer
    44  medications.
    45    §  5. The social services law is amended by adding a new section 365-o
    46  to read as follows:
    47    § 365-o. Provision of dihydropyrimidine dehydrogenase deficiency test-
    48  ing. 1.  The commissioner shall establish standards and  guidelines  for
    49  the  provision  of  dihydropyrimidine  dehydrogenase  deficiency testing
    50  prior to cancer treatment through fluoropyrmidine or other  antimetabol-
    51  ites under the medical assistance program.
    52    2. For purposes of this section:
    53    (a)  "Antimetabolites"  means  a  substance  that  interferes with the
    54  normal metabolic processes within cells,  typically  by  combining  with
    55  enzymes.
        S. 984                              3
     1    (b)  "Dihydropyrimidine dehydrogenase deficiency" means a condition in
     2  which the body cannot break down the nucleotides thymine and uracil.
     3    (c) "Fluoropyrmidine" means a group of substances used to treat cancer
     4  through chemotherapy.
     5    § 6. This act shall take effect on the one hundred twentieth day after
     6  it  shall have become a law. Effective immediately, the addition, amend-
     7  ment and/or repeal of any rule or regulation necessary for the implemen-
     8  tation of this act on its effective date are authorized to be  made  and
     9  completed on or before such effective date.