STATE OF NEW YORK
________________________________________________________________________
738
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. ROZIC, AUBRY, BRONSON, COLTON, COOK, OTIS, SIMON,
WEPRIN -- Multi-Sponsored by -- M. of A. GUNTHER, RIVERA -- read once
and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring health
insurance policies to fully cover comprehensive genetic testing and
FDA approved biomarker testing for ovarian and prostate cancers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Ana Lucia
2 act".
3 § 2. Paragraph 11-a of subsection (i) of section 3216 of the insurance
4 law is amended by adding a new subparagraph (C) to read as follows:
5 (C) (i) Such policy shall provide additional full coverage for compre-
6 hensive genetic testing and FDA approved testing based on family or
7 person's history for prostatic and ovarian cancer when recommended by a
8 doctor, a board-certified geneticist or a board-certified genetic coun-
9 selor. Such coverage shall also be provided after the patient's initial
10 diagnosis. Patients need to know if they carry the genetic or inheri-
11 tance mutation, which can help to determine possible treatments. Genetic
12 screening shall be covered for prostate and ovarian cancer patients'
13 family members. The genetic result shall not be used against family
14 members that carry the genetic or inheritance mutation for insurance
15 coverage purposes.
16 (ii) All costs associated with such additional full coverage shall not
17 be subject to annual deductibles and coinsurance but shall be borne
18 solely by the insurer.
19 § 3. Paragraph 11-a of subsection (l) of section 3221 of the insurance
20 law is amended by adding a new subparagraph (C) to read as follows:
21 (C)(i) Such policy shall provide additional full coverage for compre-
22 hensive genetic testing and FDA approved testing based on family or
23 person's history for prostatic and ovarian cancer when recommended by a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00460-01-3
A. 738 2
1 doctor, a board-certified geneticist or a board-certified genetic coun-
2 selor. Such coverage shall also be provided after the patient's initial
3 diagnosis. Patients need to know if they carry the genetic or inheri-
4 tance mutation, which can help to determine possible treatments. Genetic
5 screening shall be covered for prostate and ovarian cancer patients'
6 family members. The genetic result shall not be used against family
7 members that carry the genetic or inheritance mutation for insurance
8 coverage purposes.
9 (ii) All costs associated with such additional full coverage shall not
10 be subject to annual deductibles and coinsurance but shall be borne
11 solely by the insurer.
12 § 4. Subsection (z-1) of section 4303 of the insurance law is amended
13 by adding a new paragraph 3 to read as follows:
14 (3)(A) Such policy shall provide additional full coverage for compre-
15 hensive genetic testing and FDA approved testing based on family or
16 person's history for prostatic and ovarian cancer when recommended by a
17 doctor, a board-certified geneticist or a board-certified genetic coun-
18 selor.
19 (B) All costs associated with such additional full coverage shall not
20 be subject to annual deductibles and coinsurance but shall be borne
21 solely by the insurer. Such coverage shall also be provided after the
22 patient's initial diagnosis. Patients need to know if they carry the
23 genetic or inheritance mutation, which can help to determine possible
24 treatments. Genetic screening shall be covered for prostate and ovarian
25 cancer patients' family members. The genetic result shall not be used
26 against family members that carry the genetic or inheritance mutation
27 for insurance coverage purposes.
28 § 5. This act shall take effect on the sixtieth day after it shall
29 have become a law and shall apply to all policies, contracts and certif-
30 icates issued, renewed, modified, altered or amended on or after such
31 date.
