A05496 Summary:

BILL NOA05496
 
SAME ASNo Same As
 
SPONSORSolages
 
COSPNSR
 
MLTSPNSR
 
Amd §§3216, 3221 & 4303, Ins L
 
Provides that policies issued in this state that provide coverage for hospital, surgical or medical care shall provide coverage for standard fertility preservation services when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person.
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A05496 Actions:

BILL NOA05496
 
02/19/2021referred to insurance
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A05496 Committee Votes:

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A05496 Floor Votes:

There are no votes for this bill in this legislative session.
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A05496 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5496
 
SPONSOR: Solages
  TITLE OF BILL: An act to amend the insurance law, in relation to insurance coverage for standard fertility preservation services made necessary by cancer treat- ment   PURPOSE OR GENERAL IDEA OF BILL: To require health insurance policies to provide coverage for standard fertility preservation when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends paragraph 13 of subsection (i) of section 3216 of insurance law by adding subparagraph (C) which provides that health insurance policies issued in the state shall provide coverage for standard fertility treatment when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person in regards to individual accident and health insurance policy provisions. This section also defines iatrogenic infertility. Section 2 of the bill amends paragraph 6 of subsection (k) of section 3221 of insurance law by adding subparagraph (E) which provides that health insurance policies issued in the state shall provide coverage for standard fertility treatment when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person in regards to group or blanket accident and health insurance policies. This section also defines iatrogenic infertility. Section 3 of the bill amends subsection (s) of section 4303 of insurance law by adding paragraph 5 which provides that health insurance policies issued in the state shall provide coverage for standard fertility treat- ment when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person in regards to medical expense indemnity corporations. The section also defines iatrogenic infertility. Section 4 of the bill is the enacting clause   JUSTIFICATION: iatrogenic infertility is a condition that arises as a result of neces- sary medical treatment. This form of infertility is most commonly asso- ciated with the use of certain types of chemotherapy, radiation, medica- tion or surgery relating to cancer treatment. According to the American Journal of Managed Care in 2016, approximately 150,000 individuals in the United States were diagnosed with cancer during their reproductive years with women having up to an 80% chance of reproductive compromise and men having up to a 70% chance of reproductive compromise. This bill would assist those receiving these cancer treatments by requiring insur- ance policies to provide coverage for standard fertility preservation prior to a necessary cancer treatment that may result in iatrogenic infertility.   PRIOR LEGISLATIVE HISTORY: 2019-20: print number A4506; referred to insurance   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A05496 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5496
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 19, 2021
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Insurance
 
        AN ACT to amend the insurance law, in relation to insurance coverage for
          standard fertility preservation  services  made  necessary  by  cancer
          treatment
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 13 of subsection  (i)  of  section  3216  of  the
     2  insurance  law  is  amended  by adding a new subparagraph (D) to read as
     3  follows:
     4    (D) Every policy delivered or issued for delivery in this  state  that
     5  provides  coverage  for hospital, surgical or medical care shall provide
     6  coverage for standard fertility preservation services when  a  necessary
     7  cancer treatment may directly or indirectly cause iatrogenic infertility
     8  to  a  covered  person.    Coverage under this subparagraph shall not be
     9  subject to any restrictions based upon the age of  the  covered  person.
    10  For the purposes of this subparagraph, "iatrogenic infertility" means an
    11  impairment  of  fertility  by  surgery, radiation, chemotherapy or other
    12  cancer treatment affecting reproductive organs or processes.
    13    § 2. Paragraph 6 of subsection (k) of section 3221  of  the  insurance
    14  law is amended by adding a new subparagraph (E) to read as follows:
    15    (E)  Every group policy delivered or issued for delivery in this state
    16  that provides hospital,  surgical  or  medical  coverage  shall  provide
    17  coverage  for  standard fertility preservation services when a necessary
    18  cancer treatment may directly or indirectly cause iatrogenic infertility
    19  to a covered person.   Coverage under this  subparagraph  shall  not  be
    20  subject  to  any  restrictions based upon the age of the covered person.
    21  For the purposes of this subparagraph, "iatrogenic infertility" means an
    22  impairment of fertility by surgery,  radiation,  chemotherapy  or  other
    23  cancer treatment affecting reproductive organs or processes.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09488-01-1

        A. 5496                             2
 
     1    §  3.  Subsection (s) of section 4303 of the insurance law, as amended
     2  by section 2 of part K of chapter 82 of the laws of 2002, is amended  by
     3  adding a new paragraph 5 to read as follows:
     4    (5)  Every contract issued by a medical expense indemnity corporation,
     5  hospital service corporation or health service corporation for  delivery
     6  in this state that provides hospital, surgical or medical coverage shall
     7  provide  coverage  for  standard  fertility preservation services when a
     8  necessary cancer treatment may directly or indirectly  cause  iatrogenic
     9  infertility  to  a covered person.   Coverage under this paragraph shall
    10  not be subject to any restrictions based upon the  age  of  the  covered
    11  person.    For  the purposes of this paragraph, "iatrogenic infertility"
    12  means an impairment of fertility by surgery, radiation, chemotherapy  or
    13  other cancer treatment affecting reproductive organs or processes.
    14    §  4.  This  act  shall take effect immediately and shall apply to all
    15  policies issued, renewed, altered or modified on or after such date.
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