STATE OF NEW YORK
________________________________________________________________________
5728
2019-2020 Regular Sessions
IN SENATE
May 13, 2019
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Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to providing health
insurance coverage for scalp cooling for the preservation of hair
during cancer chemotherapy treatment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsection (i) of section 3216 of the insurance law is
2 amended by adding a new paragraph 12-b to read as follows:
3 (12-b) (A) Every policy delivered or issued for delivery in this state
4 that provides medical, major medical, or similar comprehensive-type
5 coverage and provides coverage for prescription drugs and also provides
6 coverage for cancer chemotherapy treatment shall provide coverage for
7 scalp cooling. Such coverage may be subject to co-pays, coinsurance or
8 deductibles, provided that the co-pays, coinsurance or deductibles are
9 at least as favorable to an insured as the co-pays, coinsurance or
10 deductibles that apply to coverage for intravenous or injected antican-
11 cer medications.
12 (B) For the purposes of this paragraph, "scalp cooling" means any
13 cooling cap, hypothermia cap, cold cap or any other device used as a
14 therapeutic device to cool the human scalp to prevent or reduce hair
15 loss during chemotherapy.
16 § 2. Subsection (l) of section 3221 of the insurance law is amended by
17 adding a new paragraph 12-b to read as follows:
18 (12-b) (A) Every policy delivered or issued for delivery in this state
19 that provides medical, major medical, or similar comprehensive-type
20 coverage and provides coverage for prescription drugs and also provides
21 coverage for cancer chemotherapy treatment shall provide coverage for
22 scalp cooling. Such coverage may be subject to co-pays, coinsurance or
23 deductibles, provided that the co-pays, coinsurance or deductibles are
24 at least as favorable to an insured as the co-pays, coinsurance or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02151-01-9
S. 5728 2
1 deductibles that apply to coverage for intravenous or injected antican-
2 cer medications.
3 (B) For the purposes of this paragraph, "scalp cooling" means any
4 cooling cap, hypothermia cap, cold cap or any other device used as a
5 therapeutic device to cool the human scalp to prevent or reduce hair
6 loss during chemotherapy.
7 § 3. Section 4303 of the insurance law is amended by adding a new
8 subsection (q-2) to read as follows:
9 (q-2) (1) Every policy delivered or issued for delivery in this state
10 that provides medical, major medical, or similar comprehensive-type
11 coverage and provides coverage for prescription drugs and also provides
12 coverage for cancer chemotherapy treatment shall provide coverage for
13 scalp cooling. Such coverage may be subject to co-pays, coinsurance or
14 deductibles, provided that the co-pays, coinsurance or deductibles are
15 at least as favorable to an insured as the co-pays, coinsurance or
16 deductibles that apply to coverage for intravenous or injected antican-
17 cer medications.
18 (2) For the purposes of this subsection, "scalp cooling" means any
19 cooling cap, hypothermia cap, cold cap or any other device used as a
20 therapeutic device to cool the human scalp to prevent or reduce hair
21 loss during chemotherapy.
22 § 4. This act shall take effect on the sixtieth day after it shall
23 have become a law.
