S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1773

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                   February 6, 2009
                                      ___________

       Introduced  by  Sen. LAVALLE -- 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  coverage  for  breast
         reconstruction surgery after a partial mastectomy or lumpectomy

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The opening paragraph and clause (i) of subparagraph (A) of
    2  paragraph 20 of subsection (i) of section 3216 of the insurance law,  as
    3  added by chapter 21 of the laws of 1997, are amended to read as follows:
    4    Every policy which provides medical, major medical, or similar compre-
    5  hensive-type  coverage  shall  provide the following coverage for breast
    6  reconstruction surgery after a mastectomy, PARTIAL MASTECTOMY OR LUMPEC-
    7  TOMY:
    8    (i)  all  stages  of  reconstruction  of  the  breast  on  which   the
    9  mastectomy, PARTIAL MASTECTOMY OR LUMPECTOMY has been performed; and
   10    S 2. The opening paragraph and clause (i) of subparagraph (A) of para-
   11  graph  10  of  subsection  (k)  of section 3221 of the insurance law, as
   12  added by chapter 21 of the laws of 1997, are amended to read as follows:
   13    Every group or blanket policy delivered or issued for delivery in this
   14  state which provides medical, major medical, or  similar  comprehensive-
   15  type  coverage  shall  provide  the following coverage for breast recon-
   16  struction surgery after a mastectomy, PARTIAL MASTECTOMY OR LUMPECTOMY:
   17    (i)  all  stages  of  reconstruction  of  the  breast  on  which   the
   18  mastectomy, PARTIAL MASTECTOMY OR LUMPECTOMY has been performed; and
   19    S  3.  The  opening  paragraph  and subparagraph (A) of paragraph 1 of
   20  subsection (x) of section 4303 of the insurance law, as added by chapter
   21  21 of the laws of 1997, are amended to read as follows:
   22    Every contract issued by  a  medical  expense  indemnity  corporation,
   23  hospital   service  corporation  or  health  service  corporation  which
   24  provides coverage for surgical or medical care shall provide the follow-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06087-01-9
       S. 1773                             2

    1  ing coverage for  breast  reconstruction  surgery  after  a  mastectomy,
    2  PARTIAL MASTECTOMY OR LUMPECTOMY:
    3    (A)   all  stages  of  reconstruction  of  the  breast  on  which  the
    4  mastectomy, PARTIAL MASTECTOMY OR LUMPECTOMY has been performed; and
    5    S 4. This act shall take effect immediately and  shall  apply  to  all
    6  policies  and contracts issued, renewed, modified, altered or amended on
    7  or after such date.