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A09407 Summary:

BILL NOA09407
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §3217-b, Ins L
 
Relates to not requiring a prior authorization determination for certain categories of cancer treatments based on National Comprehensive Cancer Network Guidelines.
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A09407 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9407
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 19, 2025
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Insurance
 
        AN  ACT to amend the insurance law, the public health law and the social
          services law, in relation to not  requiring  prior  authorization  for
          certain cancer treatments
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 3217-b of the insurance law is amended by adding  a
     2  new subsection (p) to read as follows:
     3    (p)  No insurer subject to this article shall require a prior authori-
     4  zation determination for cancer treatment meeting category one or  cate-
     5  gory  two-A of the National Comprehensive Cancer Network's Categories of
     6  Evidence and Consensus, provided that such insurer may require a  health
     7  care  provider  to certify that the course of treatment for the oncology
     8  patient meets National Comprehensive Cancer Network Guidelines.  Nothing
     9  in this subsection shall prohibit an insurer from denying  a  claim  for
    10  such  services if the services are subsequently determined not medically
    11  necessary.
    12    § 2. Section 4325 of the insurance law is  amended  by  adding  a  new
    13  subsection (p) to read as follows:
    14    (p)  No corporation organized under this article shall require a prior
    15  authorization determination for cancer treatment meeting category one or
    16  category two-A of the National Comprehensive Cancer Network's Categories
    17  of Evidence and Consensus, provided that such corporation may require  a
    18  health  care  provider  to  certify that the course of treatment for the
    19  oncology patient meets National Comprehensive Cancer Network Guidelines.
    20  Nothing in this subsection shall prohibit a corporation from  denying  a
    21  claim  for such services if the services are subsequently determined not
    22  medically necessary.
    23    § 3. Section 4406-c of the public health law is amended  by  adding  a
    24  new subdivision 14 to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14275-01-5

        A. 9407                             2
 
     1    14.  No  health care plan shall require a prior authorization determi-
     2  nation for cancer treatment meeting category one or  category  two-A  of
     3  the  National  Comprehensive Cancer Network's Categories of Evidence and
     4  Consensus, provided that such health care plan may require a health care
     5  provider  to  certify  that  the  course  of  treatment for the oncology
     6  patient meets National Comprehensive Cancer Network Guidelines.  Nothing
     7  in  this  subdivision  shall  prohibit a health care plan from denying a
     8  claim for such services if the services are subsequently determined  not
     9  medically necessary.
    10    §  4.  Section 364-j of the social services law is amended by adding a
    11  new subdivision 26-d to read as follows:
    12    26-d. Managed care providers shall not require a  prior  authorization
    13  determination  for  cancer  treatment  meeting  category one or category
    14  two-A of the  National  Comprehensive  Cancer  Network's  Categories  of
    15  Evidence  and Consensus, provided that the managed care plan may require
    16  a health care provider to certify that the course of treatment  for  the
    17  oncology patient meets National Comprehensive Cancer Network Guidelines.
    18  Nothing  in  this  subdivision  shall  prohibit a managed care plan from
    19  denying a claim for such  services  if  the  services  are  subsequently
    20  determined not medically necessary.
    21    § 5. This act shall take effect on the one hundred eightieth day after
    22  it  shall  have  become a law; provided, however, that the amendments to
    23  section 364-j of the social services law made by section  four  of  this
    24  act  shall  be  subject to the expiration and repeal of such section and
    25  shall expire and be deemed repealed therewith.
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