Bill Text: NY S03474 | 2013-2014 | General Assembly | Amended


Bill Title: Requires health insurance policies and contracts shall provide coverage for the diagnosis and treatment of lymphedema; and requires such coverage shall include benefits for equipment, supplies, devices, complex decongestive therapy and out-patient self management training and education for the treatment of lymphedema.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2014-01-09 - PRINT NUMBER 3474A [S03474 Detail]

Download: New_York-2013-S03474-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3474--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 4, 2013
                                      ___________
       Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Insurance  --  recommitted
         to the Committee on Insurance in accordance with Senate Rule 6, sec. 8
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted to said committee
       AN ACT to amend the insurance law,  in  relation  to  requiring  certain
         health insurance coverage for lymphedema
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Clause  (ii)  of  subparagraph  (A)  of  paragraph  20  of
    2  subsection (i) of section 3216 of the insurance law, as added by chapter
    3  21  of  the  laws of 1997, is amended and a new clause (iii) is added to
    4  read as follows:
    5    (ii) surgery and reconstruction of  the  other  breast  to  produce  a
    6  symmetrical appearance; AND
    7    (III) PROSTHESES AND PHYSICAL COMPLICATIONS OF ALL STAGES OF MASTECTO-
    8  MY, INCLUDING LYMPHEDEMA;
    9    S 2. Subsection (i) of section 3216 of the insurance law is amended by
   10  adding two new paragraphs 30 and 31 to read as follows:
   11    (30)  EVERY POLICY WHICH PROVIDES HOSPITAL, SURGICAL, MEDICAL OR MAJOR
   12  MEDICAL COVERAGE SHALL PROVIDE COVERAGE FOR THE  DIFFERENTIAL  DIAGNOSIS
   13  AND TREATMENT OF LYMPHEDEMA. SUCH COVERAGE SHALL INCLUDE, IN ADDITION TO
   14  BENEFITS FOR A COURSE OF MANUAL LYMPH DRAINAGE WHOSE FREQUENCY AND DURA-
   15  TION  IS  DETERMINED  BY  THE  TREATING  PHYSICIAN OR THERAPIST BASED ON
   16  MEDICAL NECESSITY AND NOT BASED ON PHYSICAL THERAPY  AND  REHABILITATION
   17  STANDARDS,  BENEFITS FOR EQUIPMENT, SUPPLIES, DEVICES, COMPLEX DECONGES-
   18  TIVE THERAPY, AND OUT-PATIENT SELF-MANAGEMENT TRAINING AND EDUCATION FOR
   19  THE TREATMENT OF LYMPHEDEMA, IF PRESCRIBED BY A HEALTH CARE PROFESSIONAL
   20  LEGALLY AUTHORIZED TO PRESCRIBE OR PROVIDE SUCH ITEMS UNDER TITLE  EIGHT
   21  OF  THE  EDUCATION  LAW.    LYMPHEDEMA  THERAPY  ADMINISTERED UNDER THIS
   22  SECTION SHALL BE ADMINISTERED ONLY BY A THERAPIST CERTIFIED  TO  PERFORM
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07765-04-3
       S. 3474--A                          2
    1  LYMPHEDEMA  TREATMENT  BY  THE  LYMPHOLOGY  ASSOCIATION OF NORTH AMERICA
    2  (LANA) OR CERTIFIED IN  ACCORDANCE  WITH  STANDARDS  EQUIVALENT  TO  THE
    3  CERTIFICATION  STANDARDS  OF LANA.   SUCH EQUIPMENT, SUPPLIES OR DEVICES
    4  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, BANDAGES, COMPRESSION GARMENTS,
    5  PADS, ORTHOTIC SHOES AND DEVICES, WITH  REPLACEMENTS  WHEN  REQUIRED  TO
    6  MAINTAIN COMPRESSIVE FUNCTION OR TO ACCOMMODATE CHANGES IN THE PATIENT'S
    7  DIMENSIONS.  COVERAGE  SHALL  BE  PROVIDED FOR FOLLOW-UP TREATMENTS WHEN
    8  MEDICALLY REQUIRED OR TO PERIODICALLY VALIDATE HOME TECHNIQUES, TO MONI-
    9  TOR PROGRESS AGAINST THE WRITTEN TREATMENT PLAN AND TO MODIFY THE TREAT-
   10  MENT PLAN AS REQUIRED. NO INDIVIDUAL, OTHER THAN  A  LICENSED  PHYSICIAN
   11  AND  SURGEON COMPETENT TO EVALUATE THE SPECIFIC CLINICAL ISSUES INVOLVED
   12  IN THE CARE REQUESTED, MAY DENY REQUESTS  FOR  AUTHORIZATION  OF  HEALTH
   13  CARE SERVICES PURSUANT TO THIS SECTION.
   14    (A)  A  POLICY WHICH IS A MANAGED HEALTH CARE PRODUCT MAY REQUIRE SUCH
   15  HEALTH CARE PROFESSIONAL BE A MEMBER OF SUCH MANAGED HEALTH CARE  PLAN'S
   16  PROVIDER  NETWORK, PROVIDED THAT SUCH NETWORK INCLUDES SUFFICIENT HEALTH
   17  CARE PROFESSIONALS WHO ARE QUALIFIED BY SPECIFIC  EDUCATION,  EXPERIENCE
   18  AND  CREDENTIALS TO PROVIDE THE COVERED BENEFITS DESCRIBED IN THIS PARA-
   19  GRAPH.
   20    (B) NO INSURER, CORPORATION, OR HEALTH MAINTENANCE ORGANIZATION  SHALL
   21  IMPOSE UPON ANY PERSON RECEIVING BENEFITS PURSUANT TO THIS PARAGRAPH ANY
   22  COPAYMENT,  FEE,  POLICY  YEAR  OR  CALENDAR YEAR, OR DURATIONAL BENEFIT
   23  LIMITATION OR MAXIMUM FOR BENEFITS  OR  SERVICES  THAT  IS  NOT  EQUALLY
   24  IMPOSED UPON ALL INDIVIDUALS IN THE SAME BENEFIT CATEGORY.
   25    (C)  THIS  PARAGRAPH  SHALL  NOT  APPLY TO SHORT-TERM TRAVEL, ACCIDENT
   26  ONLY, LIMITED OR SPECIFIED DISEASE, OR INDIVIDUAL CONVERSION POLICIES OR
   27  CONTRACTS, NOR TO POLICIES OR CONTRACTS DESIGNED FOR ISSUANCE TO PERSONS
   28  ELIGIBLE FOR COVERAGE UNDER TITLE XVIII  OF  THE  SOCIAL  SECURITY  ACT,
   29  KNOWN  AS MEDICARE, OR ANY OTHER SIMILAR COVERAGE UNDER STATE OR FEDERAL
   30  GOVERNMENTAL PLANS.
   31    (D) FOR PURPOSES OF THIS PARAGRAPH, A  "MANAGED  CARE  PRODUCT"  SHALL
   32  MEAN  A POLICY WHICH REQUIRES THAT MEDICAL OR OTHER HEALTH CARE SERVICES
   33  COVERED UNDER  THE  POLICY,  OTHER  THAN  EMERGENCY  CARE  SERVICES,  BE
   34  PROVIDED BY, OR PURSUANT TO A REFERRAL FROM A PRIMARY CARE PROVIDER, AND
   35  THAT  SERVICES  PROVIDED  PURSUANT  TO  SUCH A REFERRAL BE RENDERED BY A
   36  HEALTH CARE PROVIDER PARTICIPATING IN THE INSURER'S MANAGED CARE PROVID-
   37  ER NETWORK. IN ADDITION, A MANAGED CARE  PRODUCT  SHALL  ALSO  MEAN  THE
   38  IN-NETWORK  PORTION  OF  A CONTRACT WHICH REQUIRES THAT MEDICAL OR OTHER
   39  HEALTH CARE SERVICES COVERED UNDER THE CONTRACT,  OTHER  THAN  EMERGENCY
   40  CARE  SERVICES, BE PROVIDED BY, OR PURSUANT TO A REFERRAL FROM A PRIMARY
   41  CARE PROVIDER, AND THAT SERVICES PROVIDED PURSUANT TO SUCH A REFERRAL BE
   42  RENDERED BY A  HEALTH  CARE  PROVIDER  PARTICIPATING  IN  THE  INSURER'S
   43  MANAGED  CARE  PROVIDER NETWORK, IN ORDER FOR THE INSURED TO BE ENTITLED
   44  TO THE MAXIMUM REIMBURSEMENT UNDER THE CONTRACT.
   45    (31) PATIENTS UNDERGOING ANY SURGERY OR RADIOTHERAPY  PROCEDURE  SHALL
   46  BE  PROVIDED  INFORMATION ON THE RISK OF LYMPHEDEMA ASSOCIATED WITH THAT
   47  PROCEDURE, AND THE  POTENTIAL  POST-PROCEDURE  SYMPTOMS  OF  LYMPHEDEMA.
   48  INFORMED  CONSENT  AGREEMENTS  FOR ALL SURGERIES AND RADIATION THERAPIES
   49  SHALL INCLUDE INFORMATION ON THE RISK OF LYMPHEDEMA ASSOCIATED WITH  THE
   50  ALTERNATIVE PROCEDURES.
   51    S 3. Clause (ii) of subparagraph (A) of paragraph 10 of subsection (k)
   52  of section 3221 of the insurance law, as added by chapter 21 of the laws
   53  of 1997, is amended and a new clause (iii) is added to read as follows:
   54    (ii)  surgery  and  reconstruction  of  the  other breast to produce a
   55  symmetrical appearance; AND
       S. 3474--A                          3
    1    (III) PROSTHESES AND PHYSICAL COMPLICATIONS OF ALL STAGES OF MASTECTO-
    2  MY, INCLUDING LYMPHEDEMA;
    3    S 4. Subsection (k) of section 3221 of the insurance law is amended by
    4  adding two new paragraphs 19 and 20 to read as follows:
    5    (19)  EVERY  GROUP  POLICY ISSUED OR ISSUED FOR DELIVERY IN THIS STATE
    6  WHICH PROVIDES HOSPITAL, SURGICAL, MEDICAL  OR  MAJOR  MEDICAL  COVERAGE
    7  SHALL  PROVIDE  COVERAGE FOR THE DIFFERENTIAL DIAGNOSIS AND TREATMENT OF
    8  LYMPHEDEMA. SUCH COVERAGE SHALL INCLUDE, IN ADDITION TO BENEFITS  FOR  A
    9  COURSE  OF  MANUAL LYMPH DRAINAGE WHOSE FREQUENCY AND DURATION IS DETER-
   10  MINED BY THE TREATING PHYSICIAN OR THERAPIST BASED ON MEDICAL  NECESSITY
   11  AND NOT BASED ON PHYSICAL THERAPY AND REHABILITATION STANDARDS, BENEFITS
   12  FOR  EQUIPMENT,  SUPPLIES,  DEVICES,  COMPLEX  DECONGESTIVE THERAPY, AND
   13  OUT-PATIENT SELF-MANAGEMENT TRAINING AND EDUCATION FOR THE TREATMENT  OF
   14  LYMPHEDEMA,  IF PRESCRIBED BY A HEALTH CARE PROFESSIONAL LEGALLY AUTHOR-
   15  IZED TO PRESCRIBE OR PROVIDE SUCH ITEMS UNDER TITLE EIGHT OF THE  EDUCA-
   16  TION  LAW.   LYMPHEDEMA THERAPY ADMINISTERED UNDER THIS SECTION SHALL BE
   17  ADMINISTERED ONLY BY A THERAPIST CERTIFIED TO PERFORM LYMPHEDEMA  TREAT-
   18  MENT  BY THE LYMPHOLOGY ASSOCIATION OF NORTH AMERICA (LANA) OR CERTIFIED
   19  IN ACCORDANCE WITH STANDARDS EQUIVALENT TO THE  CERTIFICATION  STANDARDS
   20  OF  LANA.  SUCH EQUIPMENT, SUPPLIES OR DEVICES SHALL INCLUDE, BUT NOT BE
   21  LIMITED TO, BANDAGES, COMPRESSION GARMENTS,  PADS,  ORTHOTIC  SHOES  AND
   22  DEVICES,  WITH  REPLACEMENTS WHEN REQUIRED TO MAINTAIN COMPRESSIVE FUNC-
   23  TION OR TO ACCOMMODATE CHANGES IN  THE  PATIENT'S  DIMENSIONS.  COVERAGE
   24  SHALL BE PROVIDED FOR FOLLOW-UP TREATMENTS WHEN MEDICALLY REQUIRED OR TO
   25  PERIODICALLY  VALIDATE  HOME TECHNIQUES, TO MONITOR PROGRESS AGAINST THE
   26  WRITTEN TREATMENT PLAN AND TO MODIFY THE TREATMENT PLAN AS REQUIRED.  NO
   27  INDIVIDUAL,  OTHER  THAN  A  LICENSED PHYSICIAN AND SURGEON COMPETENT TO
   28  EVALUATE THE SPECIFIC CLINICAL ISSUES INVOLVED IN  THE  CARE  REQUESTED,
   29  MAY  DENY REQUESTS FOR AUTHORIZATION OF HEALTH CARE SERVICES PURSUANT TO
   30  THIS SECTION.
   31    (A) A POLICY WHICH IS A MANAGED HEALTH CARE PRODUCT MAY  REQUIRE  SUCH
   32  HEALTH  CARE PROFESSIONAL BE A MEMBER OF SUCH MANAGED HEALTH CARE PLAN'S
   33  PROVIDER NETWORK, PROVIDED THAT SUCH NETWORK INCLUDES SUFFICIENT  HEALTH
   34  CARE  PROFESSIONALS  WHO ARE QUALIFIED BY SPECIFIC EDUCATION, EXPERIENCE
   35  AND CREDENTIALS TO PROVIDE THE COVERED BENEFITS DESCRIBED IN THIS  PARA-
   36  GRAPH.
   37    (B)  NO INSURER, CORPORATION, OR HEALTH MAINTENANCE ORGANIZATION SHALL
   38  IMPOSE UPON ANY PERSON RECEIVING BENEFITS PURSUANT TO THIS PARAGRAPH ANY
   39  COPAYMENT, FEE, POLICY YEAR OR  CALENDAR  YEAR,  OR  DURATIONAL  BENEFIT
   40  LIMITATION  OR  MAXIMUM  FOR  BENEFITS  OR  SERVICES THAT IS NOT EQUALLY
   41  IMPOSED UPON ALL INDIVIDUALS IN THE SAME BENEFIT CATEGORY.
   42    (C) THIS PARAGRAPH SHALL NOT  APPLY  TO  SHORT-TERM  TRAVEL,  ACCIDENT
   43  ONLY, LIMITED OR SPECIFIED DISEASE, OR INDIVIDUAL CONVERSION POLICIES OR
   44  CONTRACTS, NOR TO POLICIES OR CONTRACTS DESIGNED FOR ISSUANCE TO PERSONS
   45  ELIGIBLE  FOR  COVERAGE  UNDER  TITLE  XVIII OF THE SOCIAL SECURITY ACT,
   46  KNOWN AS MEDICARE, OR ANY OTHER SIMILAR COVERAGE UNDER STATE OR  FEDERAL
   47  GOVERNMENTAL PLANS.
   48    (D)  FOR  PURPOSES  OF  THIS PARAGRAPH, A "MANAGED CARE PRODUCT" SHALL
   49  MEAN A POLICY WHICH REQUIRES THAT MEDICAL OR OTHER HEALTH CARE  SERVICES
   50  COVERED  UNDER  THE  POLICY,  OTHER  THAN  EMERGENCY  CARE  SERVICES, BE
   51  PROVIDED BY, OR PURSUANT TO A REFERRAL FROM A PRIMARY CARE PROVIDER, AND
   52  THAT SERVICES PROVIDED PURSUANT TO SUCH A  REFERRAL  BE  RENDERED  BY  A
   53  HEALTH CARE PROVIDER PARTICIPATING IN THE INSURER'S MANAGED CARE PROVID-
   54  ER  NETWORK.  IN  ADDITION,  A  MANAGED CARE PRODUCT SHALL ALSO MEAN THE
   55  IN-NETWORK PORTION OF A CONTRACT WHICH REQUIRES THAT  MEDICAL  OR  OTHER
   56  HEALTH  CARE  SERVICES  COVERED UNDER THE CONTRACT, OTHER THAN EMERGENCY
       S. 3474--A                          4
    1  CARE SERVICES, BE PROVIDED BY, OR PURSUANT TO A REFERRAL FROM A  PRIMARY
    2  CARE PROVIDER, AND THAT SERVICES PROVIDED PURSUANT TO SUCH A REFERRAL BE
    3  RENDERED  BY  A  HEALTH  CARE  PROVIDER  PARTICIPATING  IN THE INSURER'S
    4  MANAGED  CARE  PROVIDER NETWORK, IN ORDER FOR THE INSURED TO BE ENTITLED
    5  TO THE MAXIMUM REIMBURSEMENT UNDER THE CONTRACT.
    6     (20) PATIENTS UNDERGOING ANY SURGERY OR RADIOTHERAPY PROCEDURE  SHALL
    7  BE  PROVIDED  INFORMATION ON THE RISK OF LYMPHEDEMA ASSOCIATED WITH THAT
    8  PROCEDURE, AND THE  POTENTIAL  POST-PROCEDURE  SYMPTOMS  OF  LYMPHEDEMA.
    9  INFORMED  CONSENT  AGREEMENTS  FOR ALL SURGERIES AND RADIATION THERAPIES
   10  SHALL INCLUDE INFORMATION ON THE RISK OF LYMPHEDEMA ASSOCIATED WITH  THE
   11  ALTERNATIVE PROCEDURES.
   12    S 5. Subparagraph (B) of paragraph 1 of subsection (x) of section 4303
   13  of  the  insurance  law,  as added by chapter 21 of the laws of 1997, is
   14  amended and a new subparagraph (C) is added to read as follows:
   15    (B) surgery and reconstruction  of  the  other  breast  to  produce  a
   16  symmetrical appearance; AND
   17    (C) PROSTHESES AND PHYSICAL COMPLICATIONS OF ALL STAGES OF MASTECTOMY,
   18  INCLUDING LYMPHEDEMA;
   19    S  6.  Section  4303 of the insurance law is amended by adding two new
   20  subsections (oo) and (pp) to read as follows:
   21    (OO) EVERY CONTRACT ISSUED BY A HOSPITAL SERVICE CORPORATION OR HEALTH
   22  SERVICE CORPORATION WHICH PROVIDES HOSPITAL, SURGICAL, MEDICAL OR  MAJOR
   23  MEDICAL  COVERAGE  SHALL PROVIDE COVERAGE FOR THE DIFFERENTIAL DIAGNOSIS
   24  AND TREATMENT OF LYMPHEDEMA. SUCH COVERAGE SHALL INCLUDE, IN ADDITION TO
   25  BENEFITS FOR A COURSE OF MANUAL LYMPH DRAINAGE WHOSE FREQUENCY AND DURA-
   26  TION IS DETERMINED BY THE  TREATING  PHYSICIAN  OR  THERAPIST  BASED  ON
   27  MEDICAL  NECESSITY  AND NOT BASED ON PHYSICAL THERAPY AND REHABILITATION
   28  STANDARDS, BENEFITS FOR EQUIPMENT, SUPPLIES, DEVICES, COMPLEX  DECONGES-
   29  TIVE THERAPY, AND OUT-PATIENT SELF-MANAGEMENT TRAINING AND EDUCATION FOR
   30  THE TREATMENT OF LYMPHEDEMA, IF PRESCRIBED BY A HEALTH CARE PROFESSIONAL
   31  LEGALLY  AUTHORIZED TO PRESCRIBE OR PROVIDE SUCH ITEMS UNDER TITLE EIGHT
   32  OF THE EDUCATION  LAW.    LYMPHEDEMA  THERAPY  ADMINISTERED  UNDER  THIS
   33  SECTION  SHALL  BE ADMINISTERED ONLY BY A THERAPIST CERTIFIED TO PERFORM
   34  LYMPHEDEMA TREATMENT BY THE  LYMPHOLOGY  ASSOCIATION  OF  NORTH  AMERICA
   35  (LANA)  OR  CERTIFIED  IN  ACCORDANCE  WITH  STANDARDS EQUIVALENT TO THE
   36  CERTIFICATION STANDARDS OF LANA.   SUCH EQUIPMENT, SUPPLIES  OR  DEVICES
   37  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, BANDAGES, COMPRESSION GARMENTS,
   38  PADS, ORTHOTIC SHOES AND DEVICES, WITH  REPLACEMENTS  WHEN  REQUIRED  TO
   39  MAINTAIN COMPRESSIVE FUNCTION OR TO ACCOMMODATE CHANGES IN THE PATIENT'S
   40  DIMENSIONS.  COVERAGE  SHALL  BE  PROVIDED FOR FOLLOW-UP TREATMENTS WHEN
   41  MEDICALLY REQUIRED OR TO PERIODICALLY VALIDATE HOME TECHNIQUES, TO MONI-
   42  TOR PROGRESS AGAINST THE WRITTEN TREATMENT PLAN AND TO MODIFY THE TREAT-
   43  MENT PLAN AS REQUIRED. NO INDIVIDUAL, OTHER THAN  A  LICENSED  PHYSICIAN
   44  AND  SURGEON COMPETENT TO EVALUATE THE SPECIFIC CLINICAL ISSUES INVOLVED
   45  IN THE CARE REQUESTED, MAY DENY REQUESTS  FOR  AUTHORIZATION  OF  HEALTH
   46  CARE SERVICES PURSUANT TO THIS SECTION.
   47    (1)  A  POLICY WHICH IS A MANAGED HEALTH CARE PRODUCT MAY REQUIRE SUCH
   48  HEALTH CARE PROFESSIONAL BE A MEMBER OF SUCH MANAGED HEALTH CARE  PLAN'S
   49  PROVIDER  NETWORK, PROVIDED THAT SUCH NETWORK INCLUDES SUFFICIENT HEALTH
   50  CARE PROFESSIONALS WHO ARE QUALIFIED BY SPECIFIC  EDUCATION,  EXPERIENCE
   51  AND  CREDENTIALS  TO  PROVIDE  THE  COVERED  BENEFITS  DESCRIBED IN THIS
   52  SUBSECTION.
   53    (2) NO INSURER, CORPORATION, OR HEALTH MAINTENANCE ORGANIZATION  SHALL
   54  IMPOSE  UPON  ANY  PERSON RECEIVING BENEFITS PURSUANT TO THIS SUBSECTION
   55  ANY COPAYMENT, FEE, POLICY YEAR OR CALENDAR YEAR, OR DURATIONAL  BENEFIT
       S. 3474--A                          5
    1  LIMITATION  OR  MAXIMUM  FOR  BENEFITS  OR  SERVICES THAT IS NOT EQUALLY
    2  IMPOSED UPON ALL INDIVIDUALS IN THE SAME BENEFIT CATEGORY.
    3    (3)  THIS  SUBSECTION  SHALL  NOT APPLY TO SHORT-TERM TRAVEL, ACCIDENT
    4  ONLY, LIMITED OR SPECIFIED DISEASE, OR INDIVIDUAL CONVERSION POLICIES OR
    5  CONTRACTS, NOR TO POLICIES OR CONTRACTS DESIGNED FOR ISSUANCE TO PERSONS
    6  ELIGIBLE FOR COVERAGE UNDER TITLE XVIII  OF  THE  SOCIAL  SECURITY  ACT,
    7  KNOWN  AS MEDICARE, OR ANY OTHER SIMILAR COVERAGE UNDER STATE OR FEDERAL
    8  GOVERNMENTAL PLANS.
    9    (4) FOR PURPOSES OF THIS SUBSECTION, A "MANAGED  CARE  PRODUCT"  SHALL
   10  MEAN  A POLICY WHICH REQUIRES THAT MEDICAL OR OTHER HEALTH CARE SERVICES
   11  COVERED UNDER  THE  POLICY,  OTHER  THAN  EMERGENCY  CARE  SERVICES,  BE
   12  PROVIDED BY, OR PURSUANT TO A REFERRAL FROM A PRIMARY CARE PROVIDER, AND
   13  THAT  SERVICES  PROVIDED  PURSUANT  TO  SUCH A REFERRAL BE RENDERED BY A
   14  HEALTH CARE PROVIDER PARTICIPATING IN THE INSURER'S MANAGED CARE PROVID-
   15  ER NETWORK. IN ADDITION, A MANAGED CARE  PRODUCT  SHALL  ALSO  MEAN  THE
   16  IN-NETWORK  PORTION  OF  A CONTRACT WHICH REQUIRES THAT MEDICAL OR OTHER
   17  HEALTH CARE SERVICES COVERED UNDER THE CONTRACT,  OTHER  THAN  EMERGENCY
   18  CARE  SERVICES, BE PROVIDED BY, OR PURSUANT TO A REFERRAL FROM A PRIMARY
   19  CARE PROVIDER, AND THAT SERVICES PROVIDED PURSUANT TO SUCH A REFERRAL BE
   20  RENDERED BY A  HEALTH  CARE  PROVIDER  PARTICIPATING  IN  THE  INSURER'S
   21  MANAGED  CARE  PROVIDER NETWORK, IN ORDER FOR THE INSURED TO BE ENTITLED
   22  TO THE MAXIMUM REIMBURSEMENT UNDER THE CONTRACT.
   23    (PP) PATIENTS UNDERGOING ANY SURGERY OR RADIOTHERAPY  PROCEDURE  SHALL
   24  BE  PROVIDED  INFORMATION ON THE RISK OF LYMPHEDEMA ASSOCIATED WITH THAT
   25  PROCEDURE, AND THE  POTENTIAL  POST-PROCEDURE  SYMPTOMS  OF  LYMPHEDEMA.
   26  INFORMED  CONSENT  AGREEMENTS  FOR ALL SURGERIES AND RADIATION THERAPIES
   27  SHALL INCLUDE INFORMATION ON THE RISK OF LYMPHEDEMA ASSOCIATED WITH  THE
   28  ALTERNATIVE PROCEDURES.
   29    S  7. This act shall take effect on the first of January next succeed-
   30  ing the date on which it shall have become a law and shall apply to  all
   31  insurance  policies,  contracts  and  plans  issued,  renewed, modified,
   32  altered or amended on or after such effective date.
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