Bill Text: NY S05728 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides coverage for scalp cooling treatment used to preserve hair during cancer chemotherapy treatment.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INSURANCE [S05728 Detail]

Download: New_York-2019-S05728-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5728

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 13, 2019
                                       ___________

        Introduced  by Sen. STAVISKY -- 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  health
          insurance  coverage  for  scalp  cooling  for the preservation of hair
          during cancer chemotherapy treatment

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
     2  amended by adding a new paragraph 12-b to read as follows:
     3    (12-b) (A) Every policy delivered or issued for delivery in this state
     4  that provides medical,  major  medical,  or  similar  comprehensive-type
     5  coverage  and provides coverage for prescription drugs and also provides
     6  coverage for cancer chemotherapy treatment shall  provide  coverage  for
     7  scalp  cooling.  Such coverage may be subject to co-pays, coinsurance or
     8  deductibles, provided that the co-pays, coinsurance or  deductibles  are
     9  at  least  as  favorable  to  an  insured as the co-pays, coinsurance or
    10  deductibles that apply to coverage for intravenous or injected  antican-
    11  cer medications.
    12    (B)  For  the  purposes  of  this paragraph, "scalp cooling" means any
    13  cooling cap, hypothermia cap, cold cap or any other  device  used  as  a
    14  therapeutic  device  to  cool  the human scalp to prevent or reduce hair
    15  loss during chemotherapy.
    16    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    17  adding a new paragraph 12-b to read as follows:
    18    (12-b) (A) Every policy delivered or issued for delivery in this state
    19  that provides medical,  major  medical,  or  similar  comprehensive-type
    20  coverage  and provides coverage for prescription drugs and also provides
    21  coverage for cancer chemotherapy treatment shall  provide  coverage  for
    22  scalp  cooling.  Such coverage may be subject to co-pays, coinsurance or
    23  deductibles, provided that the co-pays, coinsurance or  deductibles  are
    24  at  least  as  favorable  to  an  insured as the co-pays, coinsurance or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02151-01-9

        S. 5728                             2

     1  deductibles that apply to coverage for intravenous or injected  antican-
     2  cer medications.
     3    (B)  For  the  purposes  of  this paragraph, "scalp cooling" means any
     4  cooling cap, hypothermia cap, cold cap or any other  device  used  as  a
     5  therapeutic  device  to  cool  the human scalp to prevent or reduce hair
     6  loss during chemotherapy.
     7    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
     8  subsection (q-2) to read as follows:
     9    (q-2)  (1) Every policy delivered or issued for delivery in this state
    10  that provides medical,  major  medical,  or  similar  comprehensive-type
    11  coverage  and provides coverage for prescription drugs and also provides
    12  coverage for cancer chemotherapy treatment shall  provide  coverage  for
    13  scalp  cooling.  Such coverage may be subject to co-pays, coinsurance or
    14  deductibles, provided that the co-pays, coinsurance or  deductibles  are
    15  at  least  as  favorable  to  an  insured as the co-pays, coinsurance or
    16  deductibles that apply to coverage for intravenous or injected  antican-
    17  cer medications.
    18    (2)  For  the  purposes  of this subsection, "scalp cooling" means any
    19  cooling cap, hypothermia cap, cold cap or any other  device  used  as  a
    20  therapeutic  device  to  cool  the human scalp to prevent or reduce hair
    21  loss during chemotherapy.
    22    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    23  have become a law.
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