Amd §§3216, 3221 & 4303, Ins L; amd §364-j, Soc Serv L; add Art 2 Title 6 §266-a, Pub Health L
Requires insurance companies to reimburse all health care practitioners at the same rate for cervical cytology screening, including the preparation of a Pap smear; prohibits health care practitioners from refusing to provide a Pap smear during a regular annual checkup if such patient has not had a Pap smear done in the preceding twelve months.
STATE OF NEW YORK
________________________________________________________________________
2017
2023-2024 Regular Sessions
IN SENATE
January 18, 2023
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, the social services law and the
public health law, in relation to requiring insurance companies to
reimburse all health care practitioners at the same rate for cervical
cytology screening
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (B) of paragraph 15 of subsection (i) of
2 section 3216 of the insurance law, as amended by chapter 219 of the laws
3 of 2011, is amended to read as follows:
4 (B) For purposes of subparagraphs (A) and (C) of this paragraph,
5 cervical cytology screening shall include an annual pelvic examination,
6 collection and preparation of a Pap smear, and laboratory and diagnostic
7 services provided in connection with examining and evaluating the Pap
8 smear. An insurer shall provide the same rate of reimbursement for
9 cervical cytology screening whether such screening is performed by a
10 licensed health care practitioner or by a provider of obstetrical and/or
11 gynecologic services.
12 § 2. Subparagraph (B) of paragraph 14 of subsection (l) of section
13 3221 of the insurance law, as amended by chapter 219 of the laws of
14 2011, is amended to read as follows:
15 (B) For purposes of subparagraphs (A) and (C) of this paragraph,
16 cervical cytology screening shall include an annual pelvic examination,
17 collection and preparation of a Pap smear, and laboratory and diagnostic
18 services provided in connection with examining and evaluating the Pap
19 smear. An insurer shall provide the same rate of reimbursement for
20 cervical cytology screening whether such screening is performed by a
21 licensed health care practitioner or by a provider of obstetrical and/or
22 gynecologic services.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06130-01-3
S. 2017 2
1 § 3. Paragraph 2 of subsection (t) of section 4303 of the insurance
2 law, as amended by chapter 219 of the laws of 2011, is amended to read
3 as follows:
4 (2) For purposes of paragraph one of this subsection, cervical cytolo-
5 gy screening shall include an annual pelvic examination, collection and
6 preparation of a Pap smear, and laboratory and diagnostic services
7 provided in connection with examining and evaluating the Pap smear. An
8 insurer shall provide the same rate of reimbursement for cervical cytol-
9 ogy screening whether such screening is performed by a licensed health
10 care practitioner or by a provider of obstetrical and/or gynecologic
11 services.
12 § 4. Section 364-j of the social services law is amended by adding a
13 new subdivision 18-a to read as follows:
14 18-a. Managed care providers shall be reimbursed at the same rate for
15 cervical cytology screening, including but not limited to the prepara-
16 tion of a Pap smear, whether such screening is performed by a primary
17 care practitioner or by a medical services provider of obstetrical
18 and/or gynecologic services.
19 § 5. Title 6 of article 2 of the public health law, as added by chap-
20 ter 342 of the laws of 2014, is amended by adding a new section 266-a to
21 read as follows:
22 § 266-a. Cervical cytology screening. Notwithstanding any provision of
23 law to the contrary, a primary care practitioner shall not refuse to
24 perform cervical cytology screening, including but not limited to the
25 preparation of a Pap smear, during a patient's regular annual checkup or
26 for new patients who have not had a Pap smear done by a primary care
27 practitioner or by a provider of obstetrical and/or gynecologic services
28 within the preceding twelve months.
29 § 6. This act shall take effect on the one hundred eightieth day after
30 it shall have become a law; provided however, that the amendments to
31 section 364-j of the social services law made by section four of this
32 act shall not affect the repeal of such section and shall be deemed
33 repealed therewith. Effective immediately, the addition, amendment
34 and/or repeal of any rule or regulation necessary for the implementation
35 of this act on its effective date are authorized to be made and
36 completed on or before such effective date.
