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A08230 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8230--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 25, 2021
                                       ___________
 
        Introduced by M. of A. HUNTER, STIRPE, JACKSON -- read once and referred
          to  the  Committee  on  Insurance  --  recommitted to the Committee on
          Insurance in accordance with Assembly Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the insurance law, in relation to insurance coverage of
          comprehensive annual medical examinations for firefighters
 
          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 36 to read as follows:
     3    (36)(A) Every policy which provides medical, major medical, or similar
     4  comprehensive-type coverage shall  provide  coverage  for  comprehensive
     5  annual  medical exams for insured individuals who are firefighters. Such
     6  comprehensive annual medical exam coverage shall include:
     7    (i) a detailed symptom health history including headaches, skin  rash-
     8  es, intestinal or respiratory symptoms, weakness, and cognitive dysfunc-
     9  tion;
    10    (ii)  an  in  person  physical  exam  including  cardiovascular, skin,
    11  thyroid, mouth, pulmonary, intestinal, urinary, lymph  node,  neurologi-
    12  cal, musculoskeletal, breast and testes, as applicable, examination;
    13    (iii)  vital  signs  and  body  measures tested and recorded including
    14  blood pressure, oxygen saturation, heart and respiratory  rate,  weight,
    15  height and body fat percentage;
    16    (iv) laboratory assessments including:
    17    a.  comprehensive metabolic panel, complete blood count with differen-
    18  tial, lipid panel, thyroid stimulating hormone, high-sensitivity c-reac-
    19  tive protein, and hemoglobin A1c blood tests; and
    20    b. urinalysis for pH, glucose, ketones, protein, blood and  bilirubin,
    21  and microscopic assessment for white blood cells, red blood cells, white
    22  blood cell casts, red blood cell casts, and crystals;
    23    (v) spirometry;
    24    (vi)  cancer screening, including, digital rectal exam for individuals
    25  with prostate-specific antigen, cervical  exam  with  Pap  test,  breast
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08088-06-2

        A. 8230--A                          2
 
     1  exam,  respirator  fit test, colonoscopies beginning at forty-five years
     2  of age or earlier depending on family history, mammograms  beginning  at
     3  age  forty or earlier depending on family history, and low dose computed
     4  tomography  depending  on age, smoking history, forced expiratory volume
     5  (FEV1), family history of lung  cancer,  obstructive  lung  disease  and
     6  history of pneumonia; and
     7    (vii)  a  stress  electrocardiogram  with maximal oxygen uptake calcu-
     8  lated.
     9    (B) Notwithstanding the requirements for comprehensive annual  medical
    10  exam  coverage  pursuant  to  subparagraph  (A)  of this paragraph, such
    11  coverage shall additionally include a chest x-ray every five  years  and
    12  any  additional  testing  determined  necessary  by  the commissioner of
    13  health.
    14    (C) An insured shall identify his or her profession as  a  firefighter
    15  and years of service to his or her primary care provider to receive such
    16  comprehensive annual medical examination pursuant to this paragraph.
    17    (D)  As  used in this paragraph the term "firefighter" means any fire-
    18  fighter regularly employed by a fire department of any  municipality  in
    19  the state.
    20    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    21  adding a new paragraph 21 to read as follows:
    22    (21)(A) Every policy which provides medical, major medical, or similar
    23  comprehensive-type  coverage  shall  provide  coverage for comprehensive
    24  annual medical exams for insured individuals who are firefighters.  Such
    25  comprehensive annual medical exam coverage shall include:
    26    (i)  a detailed symptom health history including headaches, skin rash-
    27  es, intestinal or respiratory symptoms, weakness, and cognitive dysfunc-
    28  tion;
    29    (ii) an  in  person  physical  exam  including  cardiovascular,  skin,
    30  thyroid,  mouth,  pulmonary, intestinal, urinary, lymph node, neurologi-
    31  cal, musculoskeletal, breast and testes, as applicable, examination;
    32    (iii) vital signs and body  measures  tested  and  recorded  including
    33  blood  pressure,  oxygen saturation, heart and respiratory rate, weight,
    34  height and body fat percentage;
    35    (iv) laboratory assessments including:
    36    a. comprehensive metabolic panel, complete blood count with  differen-
    37  tial, lipid panel, thyroid stimulating hormone, high-sensitivity c-reac-
    38  tive protein, and hemoglobin A1c blood tests; and
    39    b.  urinalysis for pH, glucose, ketones, protein, blood and bilirubin,
    40  and microscopic assessment for white blood cells, red blood cells, white
    41  blood cell casts, red blood cell casts, and crystals;
    42    (v) spirometry;
    43    (vi) cancer screening, including, digital rectal exam for  individuals
    44  with  prostate-specific  antigen,  cervical  exam  with Pap test, breast
    45  exam, respirator fit test, colonoscopies beginning at  forty-five  years
    46  of  age  or earlier depending on family history, mammograms beginning at
    47  age forty or earlier depending on family history, and low dose  computed
    48  tomography  depending  on age, smoking history, forced expiratory volume
    49  (FEV1), family history of lung  cancer,  obstructive  lung  disease  and
    50  history of pneumonia; and
    51    (vii)  a  stress  electrocardiogram  with maximal oxygen uptake calcu-
    52  lated.
    53    (B) Notwithstanding the requirements for comprehensive annual  medical
    54  exam  coverage  pursuant  to  subparagraph  (A)  of this paragraph, such
    55  coverage shall additionally include a chest x-ray every five  years  and

        A. 8230--A                          3
 
     1  any  additional  testing  determined  necessary  by  the commissioner of
     2  health.
     3    (C)  An  insured shall identify his or her profession as a firefighter
     4  and years of service to his or her primary care provider to receive such
     5  comprehensive annual medical examination pursuant to this paragraph.
     6    (D) As used in this paragraph the term "firefighter" means  any  fire-
     7  fighter  regularly  employed by a fire department of any municipality in
     8  the state.
     9    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
    10  subsection (l-2) to read as follows:
    11    (l-2)(A)  Every  contract  which  provides  medical, major medical, or
    12  similar comprehensive-type coverage shall provide coverage  for  compre-
    13  hensive  annual medical exams for insured individuals who are firefight-
    14  ers. Such comprehensive annual medical exam coverage shall include:
    15    (i) a detailed symptom health history including headaches, skin  rash-
    16  es, intestinal or respiratory symptoms, weakness, and cognitive dysfunc-
    17  tion;
    18    (ii)  an  in  person  physical  exam  including  cardiovascular, skin,
    19  thyroid, mouth, pulmonary, intestinal, urinary, lymph  node,  neurologi-
    20  cal, musculoskeletal, breast and testes, as applicable, examination;
    21    (iii)  vital  signs  and  body  measures tested and recorded including
    22  blood pressure, oxygen saturation, heart and respiratory  rate,  weight,
    23  height and body fat percentage;
    24    (iv) laboratory assessments including:
    25    a.  comprehensive metabolic panel, complete blood count with differen-
    26  tial, lipid panel, thyroid stimulating hormone, high-sensitivity c-reac-
    27  tive protein, and hemoglobin A1c blood tests; and
    28    b. urinalysis for pH, glucose, ketones, protein, blood and  bilirubin,
    29  and microscopic assessment for white blood cells, red blood cells, white
    30  blood cell casts, red blood cell casts, and crystals;
    31    (v) spirometry;
    32    (vi)  cancer screening, including, digital rectal exam for individuals
    33  with prostate-specific antigen, cervical  exam  with  Pap  test,  breast
    34  exam,  respirator  fit test, colonoscopies beginning at forty-five years
    35  of age or earlier depending on family history, mammograms  beginning  at
    36  age  forty or earlier depending on family history, and low dose computed
    37  tomography depending on age, smoking history, forced  expiratory  volume
    38  (FEV1),  family  history  of  lung  cancer, obstructive lung disease and
    39  history of pneumonia; and
    40    (vii) a stress electrocardiogram with  maximal  oxygen  uptake  calcu-
    41  lated.
    42    (B)  Notwithstanding the requirements for comprehensive annual medical
    43  exam coverage pursuant to paragraph (A) of this subsection, such  cover-
    44  age  shall  additionally  include a chest x-ray every five years and any
    45  additional testing determined necessary by the commissioner of health.
    46    (C) An insured shall identify his or her profession as  a  firefighter
    47  and years of service to his or her primary care provider to receive such
    48  comprehensive annual medical examination pursuant to this subsection.
    49    (D)  As used in this subsection the term "firefighter" means any fire-
    50  fighter regularly employed by a fire department of any  municipality  in
    51  the state.
    52    §  4.  This act shall take effect immediately and shall apply to poli-
    53  cies and contracts issued, renewed, modified, altered or amended on  and
    54  after such date.
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