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A05677 Summary:

BILL NOA05677
 
SAME ASSAME AS S04150
 
SPONSORSeawright
 
COSPNSRBrindisi, Rosenthal L, Englebright, Rozic, Blake, Sepulveda, Zebrowski, Ortiz, Colton, Mosley, Lupardo, Pheffer Amato, Harris, D'Urso, Gottfried, Woerner, Peoples-Stokes, Jaffee, Barrett, Otis, Davila
 
MLTSPNSRThiele
 
Amd §§3216, 3221 & 4303, Ins L
 
Requires certain health insurance policies to include mammography screening by breast tomosynthesis.
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A05677 Actions:

BILL NOA05677
 
02/14/2017referred to insurance
03/07/2017reported referred to codes
03/13/2017reported
03/16/2017advanced to third reading cal.146
03/30/2017passed assembly
03/30/2017delivered to senate
03/30/2017REFERRED TO INSURANCE
06/15/2017SUBSTITUTED FOR S4150
06/15/20173RD READING CAL.1755
06/15/2017PASSED SENATE
06/15/2017RETURNED TO ASSEMBLY
11/17/2017delivered to governor
11/29/2017signed chap.414
11/29/2017approval memo.19
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A05677 Committee Votes:

INSURANCE Chair:Cahill DATE:03/07/2017AYE/NAY:25/0 Action: Favorable refer to committee Codes
CahillAyeBarclayAye
CookAyeButlerAye
PretlowAyeHawleyAye
RiveraAyeBlankenbushAye
Peoples-StokesAyeCurranAye
CymbrowitzAyeWalterAye
LavineAyeGarbarinoAye
MoyaAye
HevesiAye
SkoufisAye
SteckAye
CrespoAye
JoynerAye
DilanAye
HunterAye
SimotasAye
WalkerAye
NiouAye

CODES Chair:Lentol DATE:03/13/2017AYE/NAY:20/0 Action: Favorable
LentolAyeGrafAye
SchimmingerAyeGiglioAye
WeinsteinAyeMcKevittAye
PretlowAyeMontesanoAye
CookAyeRaAye
CymbrowitzAyeMorinelloAye
TitusAbsent
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiExcused
FahyAye

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A05677 Floor Votes:

DATE:03/30/2017Assembly Vote  YEA/NAY: 146/0
AbbateYCrouchYGoodellYLiftonYO'DonnellYSimanowitzY
AbinantiYCurranYGottfriedYLopezYOrtizYSimonY
ArroyoYCusickYGrafYLupardoYOtisYSimotasY
AubryYCymbrowitzYGuntherYLupinacciYPalmesanoYSkartadosY
BarclayYDavilaYHarrisYMageeYPalumboERSkoufisY
BarnwellYDe La RosaYHawleyYMagnarelliYPaulinYSolagesY
BarrettYDenDekkerYHevesiYMalliotakisYPeoples-StokesERStecY
BarronYDickensYHikindYMayerYPerryYSteckY
BenedettoYDilanYHooperYMcDonaldYPheffer AmatoYStirpeY
BichotteYDinowitzYHunterYMcDonoughYPichardoYThieleY
BlakeYDiPietroYHyndmanYMcKevittYPretlowYTitoneY
BlankenbushYD'UrsoYJaffeeYMcLaughlinYQuartYTitusY
BrabenecYEnglebrightYJean-PierreYMiller B YRaYVanelY
BraunsteinYErrigoYJenneYMiller MGYRaiaYWalkerY
BrindisiYFahyYJohnsYMiller MLYRamosYWallaceY
BronsonYFarrellYJonesYMontesanoYRichardsonYWalshY
BuchwaldYFinchYJoynerYMorelleYRiveraYWalterY
ButlerYFitzpatrickYKavanaghYMorinelloYRodriguezYWeinsteinY
ByrneYFriendYKearnsYMosleyYRosenthalYWeprinY
CahillYGalefYKimYMoyaYRozicYWilliamsY
CarrollYGanttERKolbYMurrayYRyanYWoernerY
CastorinaYGarbarinoYLalorYNiouYSantabarbaraYWrightY
ColtonYGiglioYLavineYNolanYSchimmingerYZebrowskiY
CookYGjonajYLawrenceYNorrisYSeawrightYMr. SpeakerY
CrespoYGlickYLentolYOaksYSepulvedaY

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A05677 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5677
 
SPONSOR: Seawright
  TITLE OF BILL: An act to amend the insurance law, in relation to health insurance coverage for mammography by breast tomosynthesis   PURPOSE: To require breast tomosyntheis (3-1) mammography) to covered by insur- ance companies in New York State.   SUMMARY OF PROVISIONS: Section 1 states that every policy providing coverage for hospital, surgical or medical care shall include coverage for breast tomosynthesis for mammography screening for occult breast cancer. Section 2 stipulates that every insurer delivering a group or blanket policy or issuing a group or blanket policy for delivery in this state that provides coverage for hospital, surgical or medical care shall include coverage for breast tomosynthesis for mammography screening for occult breast cancer. Subparagraph (C) includes breast tomosynthesis in the definition of mammography screening. Section 3. Subparagraph (A) mandates breast tomosynthesis as an accepta- ble form of breast cancer screening that is to be covered by insurance plans for covered persons of any age who either have a prior history of breast cancer or who have a first degree relative with a prior history of breast cancer. Subparagraph (B) allows for breast tomosynthesis to be utilized as a baseline mammography for covered persons aged thirty-five through thirty-nine, and that it should be covered by the individual's provider. Subparagraph (C) mandates annual mammograms for covered persons forty and over shall have any breast tomosynthesis scan covered by their provider. Section 4 amends paragraph (2) of subsection (p) of section 4303 of the insurance law to include breast tomosynthesis in its definition of mammography. Section 5 is the effective date.   JUSTIFICATION: Tomosynthesis, or 3-D mammography, has proven to be a more consistent and reliable way of detecting breast cancer. This type of breast cancer screening has proven to be able to detect breast cancer earlier than traditional mammography, as well as reduce the incidence of false-posi- tives. Unfortunately, most insurers do not cover breast tomosynthesis. This bill would mandate that insurers provide this coverage to women who opt to take advantage of this technology.   LEGISLATIVE HISTORY: New Bill.   EFFECTIVE DATE: This bill shall take effect on the sixtieth day after it shall have become a law.
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A05677 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5677
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2017
                                       ___________
 
        Introduced  by M. of A. SEAWRIGHT, BRINDISI -- read once and referred to
          the Committee on Insurance
 
        AN ACT to amend the insurance  law,  in  relation  to  health  insurance
          coverage for mammography by breast tomosynthesis
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraphs (A) and (C) of paragraph (11)  of  subsection
     2  (i)  of  section 3216 of the insurance law, as amended by chapter 219 of
     3  the laws of 2011, are amended to read as follows:
     4    (A) Every policy that provides  coverage  for  hospital,  surgical  or
     5  medical  care  shall  provide  the  following  coverage  for mammography
     6  screening for occult breast cancer:
     7    (i) upon the recommendation of a physician, a mammogram, which may  be
     8  provided  by breast tomosynthesis, at any age for covered persons having
     9  a prior history of breast cancer or who have  a  first  degree  relative
    10  with a prior history of breast cancer;
    11    (ii)  a  single  baseline  mammogram,  which may be provided by breast
    12  tomosynthesis, for covered persons aged thirty-five through thirty-nine,
    13  inclusive; and
    14    (iii) an annual mammogram, which may be provided by breast tomosynthe-
    15  sis, for covered persons aged forty and older.
    16    (C) For purposes of subparagraphs  (A)  and  (B)  of  this  paragraph,
    17  mammography  screening  means  an  X-ray examination of the breast using
    18  dedicated equipment, including X-ray tube, filter,  compression  device,
    19  screens,  films  and cassettes, with an average glandular radiation dose
    20  less than 0.5 rem per view per breast; provided, however, that mammogra-
    21  phy screening shall also include breast tomosynthesis.
    22    § 2. Subparagraphs (A) and (C) of paragraph (11) of subsection (l)  of
    23  section 3221 of the insurance law, as amended by chapter 219 of the laws
    24  of 2011, are amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07634-01-7

        A. 5677                             2
 
     1    (A)  Every  insurer  delivering a group or blanket policy or issuing a
     2  group or blanket policy for delivery in this state that provides  cover-
     3  age  for  hospital, surgical or medical care shall provide the following
     4  coverage for mammography screening for occult breast cancer:
     5    (i)  upon the recommendation of a physician, a mammogram, which may be
     6  provided by breast tomosynthesis, at any age for covered persons  having
     7  a  prior  history  of  breast cancer or who have a first degree relative
     8  with a prior history of breast cancer;
     9    (ii) a single baseline mammogram, which  may  be  provided  by  breast
    10  tomosynthesis, for covered persons aged thirty-five through thirty-nine,
    11  inclusive; and
    12    (iii) an annual mammogram, which may be provided by breast tomosynthe-
    13  sis, for covered persons aged forty and older.
    14    (C)  For  purposes  of  subparagraphs  (A)  and (B) of this paragraph,
    15  mammography screening means an X-ray examination  of  the  breast  using
    16  dedicated  equipment,  including X-ray tube, filter, compression device,
    17  screens, films and cassettes, with an average glandular  radiation  dose
    18  less than 0.5 rem per view per breast; provided, however, that mammogra-
    19  phy screening shall also include breast tomosynthesis.
    20    § 3. Subparagraphs (A), (B) and (C) of paragraph (1) of subsection (p)
    21  of  section  4303 of the insurance law, as amended by chapter 219 of the
    22  laws of 2011, are amended to read as follows:
    23    (A) upon the recommendation of a physician, a mammogram, which may  be
    24  provided  by breast tomosynthesis, at any age for covered persons having
    25  a prior history of breast cancer or who have  a  first  degree  relative
    26  with a prior history of breast cancer;
    27    (B) a single baseline mammogram, which may be provided by breast tomo-
    28  synthesis,  for  covered  persons  aged thirty-five through thirty-nine,
    29  inclusive; and
    30    (C) an annual mammogram, which may be provided by breast tomosythesis,
    31  for covered persons aged forty and older.
    32    § 4. Paragraph (2) of subsection (p) of section 4303 of the  insurance
    33  law,  as  amended by chapter 219 of the laws of 2011, is amended to read
    34  as follows:
    35    (2) For purposes of paragraph  one  of  this  subsection,  mammography
    36  screening  means  an  X-ray  examination  of  the breast using dedicated
    37  equipment, including X-ray tube, filter,  compression  device,  screens,
    38  films  and cassettes, with an average glandular radiation dose less than
    39  0.5 rem per view per breast; provided, however, that mammography screen-
    40  ing shall also include breast tomosythesis.
    41    § 5. This act shall take effect on the sixtieth  day  after  it  shall
    42  have  become a law and shall apply to all policies and contracts issued,
    43  renewed, modified, altered or amended on or after such date.
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