Bill Text: NY S09068 | 2017-2018 | General Assembly | Introduced

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Bill Title: Entitles employees 45 years of age or older to take one day off every ten years to obtain a colonoscopy; provides insurance coverage for colonoscopies for individuals above a specified age threshold based on risk factors.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-06-15 - REFERRED TO RULES [S09068 Detail]

Download: New_York-2017-S09068-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9068
                    IN SENATE
                                      June 15, 2018
                                       ___________
        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the labor law, in relation  to  entitling  employees  to
          take one day off every ten years to obtain a colonoscopy; and to amend
          the  insurance  law,  in  relation to providing insurance coverage for
          colonoscopies
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  This  act  shall  be  known and may be cited as "45 saves
     2  lives".
     3    § 2. The labor law is amended by adding a new section 202-n to read as
     4  follows:
     5    § 202-n. Leave of absence for colonoscopies. 1. For  the  purposes  of
     6  this section, the following terms shall have the following meanings:
     7    (a)  "Employee"  means  a person who performs services for hire for an
     8  employer, for an average of twenty or more hours per week, and  includes
     9  all  individuals  employed  at any site owned or operated by an employer
    10  but shall not include an independent contractor.
    11    (b) "Employer" means a person or entity that employs  twenty  or  more
    12  employees  at at least one site and includes an individual, corporation,
    13  partnership, association,  nonprofit  organization,  group  of  persons,
    14  state,  county,  town,  city, school district, public authority or other
    15  governmental subdivision of any kind.
    16    2. An employer shall grant one day of leave of absence every ten years
    17  to all employees forty-five years of age or older for  the  purposes  of
    18  such employees' obtainment of a colonoscopy.
    19    3.  An employer shall not retaliate against an employee for requesting
    20  or obtaining a leave of absence under this section.
    21    4. This section shall not affect an employee's rights with respect  to
    22  any other employee benefit otherwise provided by law.
    23    § 3. Subsection (i) of section 3216 of the insurance law is amended by
    24  adding a new paragraph 35 to read as follows:
    25    (35)  Every  policy  which  provides coverage pursuant to this section
    26  shall provide coverage to any named subscriber or other  person  covered
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15774-04-8
        S. 9068                             2
     1  thereunder  forty-five  years  of  age or older for expenses incurred in
     2  obtaining a colonoscopy.   Provided, however, that if  a  subscriber  or
     3  person  covered  thereunder is a member of a high-risk group predisposed
     4  to  colon cancer based on family or genetic history, such coverage shall
     5  be required at age forty, provided that for individuals  with  a  family
     6  history  of  colon cancer in a first degree relative such coverage shall
     7  be required ten years before the first  degree  relative  who  developed
     8  colon  cancer  at the youngest age if this would require coverage before
     9  the age of forty. Such coverage shall include diagnostic and therapeutic
    10  colonoscopies, polyp removal and  ancillary  fees.  Ancillary  fees  for
    11  colonoscopies  shall include, but not be limited to, ambulatory, surgery
    12  center and hospital fees, anesthesia and pathology costs and polyp exam-
    13  ination and biopsy.  Such coverage shall not be required for fecal immu-
    14  nochemical testing. Such coverage shall not be subject  to  deductibles,
    15  coinsurance or copayments.
    16    § 4. Subsection (k) of section 3221 of the insurance law is amended by
    17  adding a new paragraph 22 to read as follows:
    18    (22)  Every  policy  which  provides coverage pursuant to this section
    19  shall provide coverage to any named subscriber or other  person  covered
    20  thereunder  forty-five  years  of  age or older for expenses incurred in
    21  obtaining a colonoscopy.   Provided, however, that if  a  subscriber  or
    22  person  covered  thereunder is a member of a high-risk group predisposed
    23  to colon cancer based on family or genetic history, such coverage  shall
    24  be  required  at  age forty, provided that for individuals with a family
    25  history of colon cancer in a first degree relative such  coverage  shall
    26  be  required  ten  years  before the first degree relative who developed
    27  colon cancer at the youngest age if this would require  coverage  before
    28  the age of forty. Such coverage shall include diagnostic and therapeutic
    29  colonoscopies,  polyp  removal  and  ancillary  fees. Ancillary fees for
    30  colonoscopies shall include, but not be limited to, ambulatory,  surgery
    31  center and hospital fees, anesthesia and pathology costs and polyp exam-
    32  ination  and biopsy. Such coverage shall not be required for fecal immu-
    33  nochemical testing. Such coverage shall not be subject  to  deductibles,
    34  coinsurance or copayments.
    35    § 5. Subsection (a) of section 4303 of the insurance law is amended by
    36  adding a new paragraph 4 to read as follows:
    37    (4)  For  colonoscopies  to  persons forty-five years of age or older.
    38  Provided, however, that if a subscriber or person covered thereunder  is
    39  a member of a high-risk group predisposed to colon cancer based on fami-
    40  ly  or  genetic  history,  such coverage shall be required at age forty,
    41  provided that for individuals with a family history of colon cancer in a
    42  first degree relative such coverage shall be required ten  years  before
    43  the first degree relative who developed colon cancer at the youngest age
    44  if  this  would  require coverage before the age of forty. Such coverage
    45  shall include diagnostic and therapeutic  colonoscopies,  polyp  removal
    46  and  ancillary fees. Ancillary fees for colonoscopies shall include, but
    47  not be limited to, ambulatory, surgery center and hospital  fees,  anes-
    48  thesia and pathology costs and polyp examination and biopsy. Such cover-
    49  age  shall not be required for fecal immunochemical testing. Such cover-
    50  age shall not be subject to deductibles, coinsurance or copayments.
    51    § 6. This act shall take effect immediately and  shall  apply  to  any
    52  policy  issued,  delivered,  renewed,  and/or  modified  on or after the
    53  effective date of this act.