Bill Text: NY S05132 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Creates esophageal cancer educational pamphlets; requires esophageal cancer testing and treatments be covered by certain insurance plans.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S05132 Detail]

Download: New_York-2023-S05132-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5132

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 23, 2023
                                       ___________

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

        AN ACT to amend the public health law and the insurance law, in relation
          to creating esophageal  cancer  educational  pamphlets  and  requiring
          esophageal  cancer testing and treatments be covered by certain insur-
          ance plans

          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  2404-e to read as follows:
     3    § 2404-e. Esophageal cancer; duty to inform. 1. The commissioner shall
     4  develop a standardized written  summary  and  educational  pamphlet,  in
     5  plain non-technical language, which shall explain the following:
     6    (a) the symptoms and risk factors for esophageal cancer;
     7    (b)  the  available methods for the detection and diagnosis of esopha-
     8  geal cancer, including information  on  the  relative  accuracy  of  the
     9  available detection and diagnostic techniques;
    10    (c)  the  availability  of insurance coverage for diagnostic screening
    11  for esophageal cancer without cost sharing pursuant to  paragraph  thir-
    12  ty-nine of subsection (i) of section three thousand two hundred sixteen,
    13  paragraph  twenty-two  of  subsection  (l) of section three thousand two
    14  hundred twenty-one and subsection (uu) of section  four  thousand  three
    15  hundred three of the insurance law; and
    16    (d)  the  alternative  medically viable methods of treating esophageal
    17  cancer, including but not limited to hormonal, radiological, chemothera-
    18  peutic or surgical treatments,  or  combinations  thereof.  The  summary
    19  shall  contain  information on esophageal post-treatment risks and other
    20  pertinent information to aid a person in deciding a course of treatment.
    21  The summary shall be updated as is necessary.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07262-01-3
        S. 5132                             2

     1    2. The summary shall be provided to any health care provider or  prac-
     2  titioner  providing  medical  treatment  in  accordance with subdivision
     3  three of this section.
     4    3.  The standardized written summary and educational pamphlet provided
     5  for by subdivision one of this section may be provided by a health  care
     6  provider  to  each  person  under his or her care. Health care providers
     7  shall provide to and discuss with each person under his or her care  the
     8  standardized  written summary and educational pamphlet where such person
     9  is or may be at risk for esophageal cancer or who has been diagnosed  to
    10  be  afflicted  with  esophageal  cancer  upon said diagnosis, or as soon
    11  thereafter as practicable. A person shall be deemed at risk for  esopha-
    12  geal cancer where such person has a family history of esophageal cancer.
    13    4.  Nothing  in  this  section shall be construed to create a cause of
    14  action for lack of informed consent in any instance in which such  cause
    15  of  action  would  be  limited by section twenty-eight hundred five-d of
    16  this chapter.
    17    5. The commissioner shall have the written summary, required  by  this
    18  section,  completed  and  prepared for distribution on or before January
    19  first, two thousand twenty-four.
    20    § 2. Subsection (i) of section 3216 of the insurance law is amended by
    21  adding a new paragraph 39 to read as follows:
    22    (39) Every policy that provides coverage  for  hospital,  surgical  or
    23  medical  care  shall provide coverage for the screening and treatment of
    24  esophageal cancer when deemed necessary by a health care provider.
    25    § 3. Subsection (l) of section 3221 of the insurance law is amended by
    26  adding a new paragraph 22 to read as follows:
    27    (22) Every insurer delivering a group or blanket policy or  issuing  a
    28  group  or blanket policy for delivery in this state that provides cover-
    29  age for hospital, surgical or medical care shall  provide  coverage  for
    30  the  screening  and treatment of esophageal cancer when deemed necessary
    31  by a health care provider.
    32    § 4. Section 4303 of the insurance law is  amended  by  adding  a  new
    33  subsection (uu) to read as follows:
    34    (uu)  A  medical  expense  indemnity  corporation,  a hospital service
    35  corporation or a health service corporation that provides  coverage  for
    36  hospital,  surgical  or  medical  care  shall  provide  coverage for the
    37  screening and treatment of esophageal cancer when deemed necessary by  a
    38  health care provider.
    39    §  5.  This act shall take effect immediately and shall apply to poli-
    40  cies and contracts issued, renewed, modified, altered or amended on  and
    41  after such date.