STATE OF NEW YORK
________________________________________________________________________
6185
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. HUNTER -- read once and referred to the Committee
on Health
AN ACT to amend the public health law and the insurance law, in relation
to creating esophageal cancer educational pamphlets and requiring
esophageal cancer testing and treatments be covered by certain insur-
ance plans
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2404-e to read as follows:
3 § 2404-e. Esophageal cancer; duty to inform. 1. The commissioner shall
4 develop a standardized written summary and educational pamphlet, in
5 plain non-technical language, which shall explain the following:
6 (a) the symptoms and risk factors for esophageal cancer;
7 (b) the available methods for the detection and diagnosis of esopha-
8 geal cancer, including information on the relative accuracy of the
9 available detection and diagnostic techniques;
10 (c) the availability of insurance coverage for diagnostic screening
11 for esophageal cancer without cost sharing pursuant to paragraph thir-
12 ty-nine of subsection (i) of section three thousand two hundred sixteen,
13 paragraph twenty-two of subsection (l) of section three thousand two
14 hundred twenty-one and subsection (uu) of section four thousand three
15 hundred three of the insurance law; and
16 (d) the alternative medically viable methods of treating esophageal
17 cancer, including but not limited to hormonal, radiological, chemothera-
18 peutic or surgical treatments, or combinations thereof. The summary
19 shall contain information on esophageal post-treatment risks and other
20 pertinent information to aid a person in deciding a course of treatment.
21 The summary shall be updated as is necessary.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07262-01-3
A. 6185 2
1 2. The summary shall be provided to any health care provider or prac-
2 titioner providing medical treatment in accordance with subdivision
3 three of this section.
4 3. The standardized written summary and educational pamphlet provided
5 for by subdivision one of this section may be provided by a health care
6 provider to each person under his or her care. Health care providers
7 shall provide to and discuss with each person under his or her care the
8 standardized written summary and educational pamphlet where such person
9 is or may be at risk for esophageal cancer or who has been diagnosed to
10 be afflicted with esophageal cancer upon said diagnosis, or as soon
11 thereafter as practicable. A person shall be deemed at risk for esopha-
12 geal cancer where such person has a family history of esophageal cancer.
13 4. Nothing in this section shall be construed to create a cause of
14 action for lack of informed consent in any instance in which such cause
15 of action would be limited by section twenty-eight hundred five-d of
16 this chapter.
17 5. The commissioner shall have the written summary, required by this
18 section, completed and prepared for distribution on or before January
19 first, two thousand twenty-four.
20 § 2. Subsection (i) of section 3216 of the insurance law is amended by
21 adding a new paragraph 39 to read as follows:
22 (39) Every policy that provides coverage for hospital, surgical or
23 medical care shall provide coverage for the screening and treatment of
24 esophageal cancer when deemed necessary by a health care provider.
25 § 3. Subsection (l) of section 3221 of the insurance law is amended by
26 adding a new paragraph 22 to read as follows:
27 (22) Every insurer delivering a group or blanket policy or issuing a
28 group or blanket policy for delivery in this state that provides cover-
29 age for hospital, surgical or medical care shall provide coverage for
30 the screening and treatment of esophageal cancer when deemed necessary
31 by a health care provider.
32 § 4. Section 4303 of the insurance law is amended by adding a new
33 subsection (uu) to read as follows:
34 (uu) A medical expense indemnity corporation, a hospital service
35 corporation or a health service corporation that provides coverage for
36 hospital, surgical or medical care shall provide coverage for the
37 screening and treatment of esophageal cancer when deemed necessary by a
38 health care provider.
39 § 5. This act shall take effect immediately and shall apply to poli-
40 cies and contracts issued, renewed, modified, altered or amended on and
41 after such date.
