S08093 Summary:
BILL NO | S08093 |
  | |
SAME AS | SAME AS A10679 |
  | |
SPONSOR | FLANAGAN |
  | |
COSPNSR | HANNON, SEWARD, BONACIC, MARTINS, MURPHY |
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MLTSPNSR | |
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Amd §§3216, 3221 & 4303, Ins L; add §2404-d, Pub Health L; amd §159-b, Civ Serv L | |
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Relates to coverage for the detection of breast cancer; requires certified mammography facilities to provide extended hours; allows certain public employees excused leave to undertake a breast cancer screening. |
S08093 Actions:
BILL NO | S08093 | |||||||||||||||||||||||||||||||||||||||||||||||||
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06/12/2016 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | ORDERED TO THIRD READING CAL.1884 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | substituted for a10679 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | ordered to third reading rules cal.475 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/24/2016 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
06/27/2016 | SIGNED CHAP.74 |
S08093 Committee Votes:
Go to topS08093 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Gottfried
Yes
Lopez
Yes
Palumbo
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Graf
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Arroyo
Yes
Curran
Yes
Gunther
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Harris
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barrett
Yes
Davila
Yes
Hevesi
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonald
Yes
Raia
Yes
Tedisco
Yes
Blake
ER
DiPietro
Yes
Hyndman
Yes
McDonough
Yes
Ramos
Yes
Tenney
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
McKevitt
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
McLaughlin
Yes
Rivera
Yes
Titone
Yes
Braunstein
Yes
Fahy
Yes
Johns
Yes
Miller
Yes
Robinson
Yes
Titus
ER
Brennan
Yes
Farrell
Yes
Joyner
Yes
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brindisi
ER
Finch
ER
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Bronson
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Buchwald
Yes
Friend
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Butler
Yes
Galef
ER
Kim
Yes
Murray
Yes
Ryan
Yes
Williams
Yes
Cahill
Yes
Gantt
Yes
Kolb
No
Nojay
Yes
Saladino
Yes
Woerner
Yes
Cancel
Yes
Garbarino
Yes
Lalor
Yes
Nolan
Yes
Santabarbara
Yes
Wozniak
Yes
Castorina
Yes
Giglio
Yes
Lavine
Yes
Oaks
Yes
Schimel
ER
Wright
Yes
Ceretto
Yes
Gjonaj
Yes
Lawrence
Yes
O'Donnell
Yes
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Lentol
Yes
Ortiz
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
Yes
Lifton
Yes
Otis
Yes
Sepulveda
Yes
Corwin
Yes
Goodell
Yes
Linares
Yes
Palmesano
Yes
Simanowitz
‡ Indicates voting via videoconference
S08093 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8093 IN SENATE June 12, 2016 ___________ Introduced by Sens. FLANAGAN, HANNON, SEWARD -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the insurance law, in relation to coverage for the detection of breast cancer; to amend the public health law, in relation to requiring certified mammography facilities to provide extended hours; and to amend the civil service law, in relation to excused leave to undertake a screening for breast cancer 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 11 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) Such coverage required pursuant to subparagraph (A) or (C) of this 5 paragraph [may] shall not be subject to annual deductibles [and] or 6 coinsurance [as may be deemed appropriate by the superintendent and as7are consistent with those established for other benefits within a given8policy]. 9 § 2. Paragraph 11 of subsection (i) of section 3216 of the insurance 10 law is amended by adding a new subparagraph (F) to read as follows: 11 (F) Screening and diagnostic imaging for the detection of breast 12 cancer, including diagnostic mammograms, breast ultrasounds, or magnetic 13 resonance imaging, covered under the policy shall not be subject to 14 annual deductibles or coinsurance. 15 § 3. Subsection (i) of section 3216 of the insurance law is amended by 16 adding a new paragraph 33 to read as follows: 17 (33) Whenever in this section an insurer is required to provide bene- 18 fits with no coinsurance or deductible, the requirement only applies 19 with respect to participating providers in the insurer's network, or 20 with respect to non-participating providers, if the insurer does not 21 have a participating provider in the in-network benefits portion of its 22 network with the appropriate training and experience to meet the partic- 23 ular health care needs of the insured pursuant to subsection (d) of 24 section three thousand two hundred seventeen-d of this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12074-01-6S. 8093 2 1 § 4. Subparagraph (B) of paragraph 11 of subsection (l) of section 2 3221 of the insurance law, as amended by chapter 219 of the laws of 3 2011, is amended to read as follows: 4 (B) Such coverage required pursuant to subparagraph (A) or (C) of this 5 paragraph [may] shall not be subject to annual deductibles [and] or 6 coinsurance [as may be deemed appropriate by the superintendent and as7are consistent with those established for other benefits within a given8policy]. 9 § 5. Paragraph 11 of subsection (l) of section 3221 of the insurance 10 law is amended by adding a new subparagraph (F) to read as follows: 11 (F) Screening and diagnostic imaging for the detection of breast 12 cancer, including diagnostic mammograms, breast ultrasounds, or magnetic 13 resonance imaging, covered under the policy shall not be subject to 14 annual deductibles or coinsurance. 15 § 6. Subsection (l) of section 3221 of the insurance law is amended by 16 adding a new paragraph 19 to read as follows: 17 (19) Whenever in this section an insurer is required to provide bene- 18 fits with no coinsurance or deductible, the requirement only applies 19 with respect to participating providers in the insurer's network, or 20 with respect to non-participating providers, if the insurer does not 21 have a participating provider in the in-network benefits portion of its 22 network with the appropriate training and experience to meet the partic- 23 ular health care needs of the insured pursuant to subsection (d) of 24 section three thousand two hundred seventeen-d of this article. 25 § 7. Subparagraph (D) of paragraph 1 of subsection (p) of section 4303 26 of the insurance law, as amended by chapter 219 of the laws of 2011, is 27 amended to read as follows: 28 (D) The coverage required in this paragraph or paragraph two of this 29 subsection [may] shall not be subject to annual deductibles [and] or 30 coinsurance [as may be deemed appropriate by the superintendent and as31are consistent with those established for other benefits within a given32contract]. 33 § 8. Subsection (p) of section 4303 of the insurance law is amended by 34 adding a new paragraph 5 to read as follows: 35 (5) Screening and diagnostic imaging for the detection of breast 36 cancer, including diagnostic mammograms, breast ultrasounds, or magnetic 37 resonance imaging, covered under the contract shall not be subject to 38 annual deductibles or coinsurance. 39 § 9. Section 4303 of the insurance law is amended by adding a new 40 subsection (qq) to read as follows: 41 (qq) Whenever in this section a corporation is required to provide 42 benefits with no coinsurance or deductible, the requirement only applies 43 with respect to participating providers in the corporation's network, or 44 with respect to non-participating providers, if the corporation does not 45 have a participating provider in the in-network benefits portion of its 46 network with the appropriate training and experience to meet the partic- 47 ular health care needs of the covered person pursuant to subsection (d) 48 of section four thousand three hundred six-c of this article, or as 49 applicable, pursuant to paragraph (a) of subdivision six of section 50 forty-four hundred three of the public health law. 51 § 10. The public health law is amended by adding a new section 2404-d 52 to read as follows: 53 § 2404-d. Breast cancer; duty to provide extended hours. 1. Applica- 54 bility. This section shall apply to any general hospital or extension 55 clinic that is certified as a mammography facility pursuant to the 56 federal mammography quality standards act (MQSA).S. 8093 3 1 2. Extended service hours. Any general hospital or extension clinic 2 certified as a mammography facility pursuant to the MQSA shall provide 3 extended hours, i.e. in the early morning, evening, or weekend hours, 4 for screening mammography services. Extended hours for screening mammog- 5 raphy services shall be provided on at least two days each week, for at 6 least two hours each day offered, for a total of at least four hours 7 each week, including but not limited to the following times: 8 (a) Monday through Friday, between the hours of 7:00 AM and 9:00 AM; 9 (b) Monday through Friday, between the hours of 5:00 PM and 7:00 PM; 10 or 11 (c) Saturday or Sunday, between the hours of 9:00 AM and 5:00 PM. 12 3. Waiver. (a) A facility may submit an application for a waiver from 13 the requirements of this section, in whole or in part, if it can demon- 14 strate, to the department's satisfaction, that the facility: 15 (i) does not have sufficient staff to provide extended hours for 16 screening mammography services in accordance with this section, and that 17 it is making diligent efforts to obtain staffing such that it can 18 provide extended hours; 19 (ii) is in the process of discontinuing screening mammography 20 services, as part of a consolidation or similar change; or 21 (iii) is subject to such other hardships as the department deems 22 appropriate. 23 (b) The department may deny, grant or extend a waiver pursuant to 24 paragraph (a) of this subdivision for ninety days, or more if the 25 department determines appropriate, in its sole discretion. 26 § 11. Subdivision 3 of section 159-b of the civil service law, as 27 added by chapter 566 of the laws of 2006, is amended to read as follows: 28 [3. The provisions of this section shall not apply to any employee of29a city having a population of one million or more.] 30 § 12. This act shall take effect immediately and shall apply to poli- 31 cies and contracts issued, renewed, modified or amended on or after 32 January 1, 2017; provided, however, that section eleven of this act 33 shall take effect on the ninetieth day after it shall have become a law; 34 and provided, further, that effective immediately, the addition, amend- 35 ment and/or repeal of any rule or regulation necessary for the implemen- 36 tation of this act on its effective date is authorized and directed to 37 be made and completed on or before such effective date.