Requires insurers to provide coverage for tattooing of the nipple-areolar complex pursuant to or as part of breast reconstruction surgery if such tattooing is performed by a physician or other health care practitioner working within their scope of practice.
STATE OF NEW YORK
________________________________________________________________________
5729--A
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. PAULIN, STECK, BURDICK, HEVESI, KELLES, McMAHON,
SIMON, ZEBROWSKI, J. A. GIGLIO, McDONOUGH, WEPRIN -- read once and
referred to the Committee on Insurance -- reported and referred to the
Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
AN ACT to amend the insurance law, in relation to requiring certain
insurers to provide coverage for tattooing performed by a physician as
part of breast reconstruction surgery
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 20 of subsection (i) of section 3216 of the
2 insurance law is amended by adding a new subparagraph (A-1) to read as
3 follows:
4 (A-1) Every policy providing coverage as required by subparagraph (A)
5 of this paragraph shall also provide coverage for the tattooing of the
6 nipple-areolar complex pursuant to or as part of such reconstruction if
7 such tattooing is performed by a licensed physician or other health care
8 practitioner licensed, certified, or authorized pursuant to title eight
9 of the education law and acting within their scope of practice.
10 § 2. Paragraph 10 of subsection (k) of section 3221 of the insurance
11 law is amended by adding a new subparagraph (A-1) to read as follows:
12 (A-1) Every group or blanket policy providing coverage as required by
13 subparagraph (A) of this paragraph shall also provide coverage for the
14 tattooing of the nipple-areolar complex pursuant to or as part of such
15 reconstruction if such tattooing is performed by a licensed physician or
16 other health care practitioner licensed, certified, or authorized pursu-
17 ant to title eight of the education law and acting within their scope of
18 practice.
19 § 3. Subsection (x) of section 4303 of the insurance law is amended by
20 adding a new paragraph 1-A to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05882-04-3
A. 5729--A 2
1 (1-A) Every contract providing coverage as required by paragraph one
2 of this subsection shall also provide coverage for the tattooing of the
3 nipple-areolar complex pursuant to or as part of such reconstruction if
4 such tattooing is performed by a licensed physician or other health care
5 practitioner licensed, certified, or authorized pursuant to title eight
6 of the education law and acting within their scope of practice.
7 § 4. This act shall take effect on the first of January next succeed-
8 ing the date on which it shall have become a law and shall apply to
9 policies issued, reissued, renewed, modified or amended on or after such
10 date.
