Bill Text: NY S02017 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires insurance companies to reimburse all health care practitioners at the same rate for cervical cytology screening, including the preparation of a Pap smear; prohibits health care practitioners from refusing to provide a Pap smear during a regular annual checkup if such patient has not had a Pap smear done in the preceding twelve months.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INSURANCE [S02017 Detail]

Download: New_York-2023-S02017-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2017

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance

        AN ACT to amend the insurance law,  the  social  services  law  and  the
          public  health  law,  in  relation to requiring insurance companies to
          reimburse all health care practitioners at the same rate for  cervical
          cytology screening

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

     1    Section 1. Subparagraph (B) of  paragraph  15  of  subsection  (i)  of
     2  section 3216 of the insurance law, as amended by chapter 219 of the laws
     3  of 2011, is amended to read as follows:
     4    (B)  For  purposes  of  subparagraphs  (A)  and (C) of this paragraph,
     5  cervical cytology screening shall include an annual pelvic  examination,
     6  collection and preparation of a Pap smear, and laboratory and diagnostic
     7  services  provided  in  connection with examining and evaluating the Pap
     8  smear. An insurer shall provide  the  same  rate  of  reimbursement  for
     9  cervical  cytology  screening  whether  such screening is performed by a
    10  licensed health care practitioner or by a provider of obstetrical and/or
    11  gynecologic services.
    12    § 2. Subparagraph (B) of paragraph 14 of  subsection  (l)  of  section
    13  3221  of  the  insurance  law,  as amended by chapter 219 of the laws of
    14  2011, is amended to read as follows:
    15    (B) For purposes of subparagraphs  (A)  and  (C)  of  this  paragraph,
    16  cervical  cytology screening shall include an annual pelvic examination,
    17  collection and preparation of a Pap smear, and laboratory and diagnostic
    18  services provided in connection with examining and  evaluating  the  Pap
    19  smear.  An  insurer  shall  provide  the  same rate of reimbursement for
    20  cervical cytology screening whether such screening  is  performed  by  a
    21  licensed health care practitioner or by a provider of obstetrical and/or
    22  gynecologic services.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06130-01-3
        S. 2017                             2

     1    §  3.  Paragraph  2 of subsection (t) of section 4303 of the insurance
     2  law, as amended by chapter 219 of the laws of 2011, is amended  to  read
     3  as follows:
     4    (2) For purposes of paragraph one of this subsection, cervical cytolo-
     5  gy  screening shall include an annual pelvic examination, collection and
     6  preparation of a Pap  smear,  and  laboratory  and  diagnostic  services
     7  provided  in  connection with examining and evaluating the Pap smear. An
     8  insurer shall provide the same rate of reimbursement for cervical cytol-
     9  ogy screening whether such screening is performed by a  licensed  health
    10  care  practitioner  or  by  a provider of obstetrical and/or gynecologic
    11  services.
    12    § 4. Section 364-j of the social services law is amended by  adding  a
    13  new subdivision 18-a to read as follows:
    14    18-a.  Managed care providers shall be reimbursed at the same rate for
    15  cervical cytology screening, including but not limited to  the  prepara-
    16  tion  of  a  Pap smear, whether such screening is performed by a primary
    17  care practitioner or by  a  medical  services  provider  of  obstetrical
    18  and/or gynecologic services.
    19    §  5. Title 6 of article 2 of the public health law, as added by chap-
    20  ter 342 of the laws of 2014, is amended by adding a new section 266-a to
    21  read as follows:
    22    § 266-a. Cervical cytology screening. Notwithstanding any provision of
    23  law to the contrary, a primary care practitioner  shall  not  refuse  to
    24  perform  cervical  cytology  screening, including but not limited to the
    25  preparation of a Pap smear, during a patient's regular annual checkup or
    26  for new patients who have not had a Pap smear done  by  a  primary  care
    27  practitioner or by a provider of obstetrical and/or gynecologic services
    28  within the preceding twelve months.
    29    § 6. This act shall take effect on the one hundred eightieth day after
    30  it  shall  have  become  a law; provided however, that the amendments to
    31  section 364-j of the social services law made by section  four  of  this
    32  act  shall  not  affect  the  repeal of such section and shall be deemed
    33  repealed therewith.   Effective  immediately,  the  addition,  amendment
    34  and/or repeal of any rule or regulation necessary for the implementation
    35  of  this  act  on  its  effective  date  are  authorized  to be made and
    36  completed on or before such effective date.