New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A5542 Compare Versions

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11 ASSEMBLY, No. 5542 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED APRIL 10, 2025
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1111 INTRODUCED APRIL 10, 2025
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1515 Sponsored by: Assemblywoman LISA SWAIN District 38 (Bergen) SYNOPSIS Requires health insurance coverage of diagnostic and supplemental breast examinations without cost-sharing. CURRENT VERSION OF TEXT As introduced.
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1919 Sponsored by:
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2121 Assemblywoman LISA SWAIN
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2323 District 38 (Bergen)
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3535 Requires health insurance coverage of diagnostic and supplemental breast examinations without cost-sharing.
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3939 CURRENT VERSION OF TEXT
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4141 As introduced.
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4545 An Act concerning breast examinations and insurance coverage and supplementing various parts of the statutory law. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. No group or individual hospital service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the contract provides benefits to any subscriber or other person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination. b. These benefits shall be provided to the same extent as for any other sickness under the contract, except that the contract shall not impose a cost-sharing requirement. c. The provisions of this section shall apply to all contracts in which the hospital service corporation has reserved the right to change the premium. d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law. e. As used in this section: "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality: (1) seen or suspected from a screening examination for breast cancer; or (2) detected by another means of examination. "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is: (1) used to screen for breast cancer when there is no abnormality seen or suspected; and (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts. 2. a. No group or individual medical service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the contract provides benefits to any subscriber or other person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination. b. These benefits shall be provided to the same extent as for any other sickness under the contract, except that the contract shall not impose a cost-sharing requirement. c. The provisions of this section shall apply to all contracts in which the medical service corporation has reserved the right to change the premium. d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law. e. As used in this section: "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality: (1) seen or suspected from a screening examination for breast cancer; or (2) detected by another means of examination. "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is: (1) used to screen for breast cancer when there is no abnormality seen or suspected; and (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts. 3. a. No group or individual health service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the contract provides benefits to any subscriber or other person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination. b. These benefits shall be provided to the same extent as for any other sickness under the contract, except that the contract shall not impose a cost-sharing requirement. c. The provisions of this section shall apply to all contracts in which the health service corporation has reserved the right to change the premium. d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law. e. As used in this section: "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality: (1) seen or suspected from a screening examination for breast cancer; or (2) detected by another means of examination. "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is: (1) used to screen for breast cancer when there is no abnormality seen or suspected; and (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts. 4. a. No individual health insurance policy providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the policy provides benefits to any named insured or other person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination. b. These benefits shall be provided to the same extent as for any other sickness under the policy, except that the policy shall not impose a cost-sharing requirement. c. The provisions of this section shall apply to all policies in which the insurer has reserved the right to change the premium. d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law. e. As used in this section: "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality: (1) seen or suspected from a screening examination for breast cancer; or (2) detected by another means of examination. "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is: (1) used to screen for breast cancer when there is no abnormality seen or suspected; and (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts. 5. a. No group health insurance policy providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the policy provides benefits to any named insured or other person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination. b. These benefits shall be provided to the same extent as for any other sickness under the policy, except that the policy shall not impose a cost-sharing requirement. c. The provisions of this section shall apply to all policies in which the insurer has reserved the right to change the premium. d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law. e. As used in this section: "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality: (1) seen or suspected from a screening examination for breast cancer; or (2) detected by another means of examination. "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is: (1) used to screen for breast cancer when there is no abnormality seen or suspected; and (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts. 6. a. Every individual health benefits plan that is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.161 (C.17B:27A-2 et seq.) or approved for issuance or renewal in this State, on or after the effective date of this act, shall provide benefits to any person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination. b. The benefits shall be provided to the same extent as for any other medical condition under the health benefits plan, except that the plan shall not impose a cost-sharing requirement. c. The provisions of this section shall apply to all health benefit plans in which the carrier has reserved the right to change the premium. d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law. e. As used in this section: "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality: (1) seen or suspected from a screening examination for breast cancer; or (2) detected by another means of examination. "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is: (1) used to screen for breast cancer when there is no abnormality seen or suspected; and (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts. 7. a. Every small employer health benefits plan that is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.162 (C.17B:27A-17 et seq.) or approved for issuance or renewal in this State, on or after the effective date of this act, shall provide benefits to any person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination. b. The benefits shall be provided to the same extent as for any other medical condition under the health benefits plan, except that the plan shall not impose a cost-sharing requirement. c. The provisions of this section shall apply to all health benefit plans in which the carrier has reserved the right to change the premium. d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law. e. As used in this section: "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality: (1) seen or suspected from a screening examination for breast cancer; or (2) detected by another means of examination. "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is: (1) used to screen for breast cancer when there is no abnormality seen or suspected; and (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts. 8. a. Notwithstanding any provision of law to the contrary, a certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the Commissioner of Banking and Insurance on or after the effective date of this act unless the health maintenance organization provides health care services to any enrollee for the conduct of a diagnostic breast examination and supplemental breast examination. b. These health care services shall be provided to the same extent as for any other sickness under the enrollee agreement, except that the agreement shall not impose a cost-sharing requirement. c. The provisions of this section shall apply to all enrollee agreements in which the health maintenance organization has reserved the right to change the schedule of charges. d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law. e. As used in this section: "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality: (1) seen or suspected from a screening examination for breast cancer; or (2) detected by another means of examination. "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is: (1) used to screen for breast cancer when there is no abnormality seen or suspected; and (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts. 9. a. The State Health Benefits Commission shall provide benefits to each person covered under the State Health Benefits Program for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination. b. The benefits shall be provided to the same extent as for any other medical condition under the contract, except that the contract shall not impose a cost-sharing requirement. c. As used in this section: "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality: (1) seen or suspected from a screening examination for breast cancer; or (2) detected by another means of examination. "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is: (1) used to screen for breast cancer when there is no abnormality seen or suspected; and (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts. 10. a. The School Employees' Health Benefits Commission shall provide benefits to each person covered under the School Employees' Health Benefits Program for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination. b. The benefits shall be provided to the same extent as for any other medical condition under the contract, except that the contract shall not impose a cost-sharing requirement. c. As used in this section: "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense. "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality: (1) seen or suspected from a screening examination for breast cancer; or (2) detected by another means of examination. "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is: (1) used to screen for breast cancer when there is no abnormality seen or suspected; and (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts. 11. This act shall take effect on the first day of the fourth month next following the date of enactment and shall apply to all contracts and policies that are delivered, issued, executed, or renewed or approved for issuance or renewal in this State on or after the effective date. STATEMENT This bill requires health insurance carriers (insurance companies, health, hospital, and medical service corporations, health maintenance organizations, and State and School Employees' Health Benefits Program contracts) to provide coverage for diagnostic and supplemental breast examinations without cost-sharing. Under the bill, "diagnostic breast examination" means a medically necessary and appropriate, in accordance with National Comprehensive Cancer Network Guidelines, examination of the breast (including, but not limited to, such an examination using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging) that is used to evaluate an abnormality: (1) seen or suspected from a screening examination for breast cancer; or (2) detected by another means of examination. Under the bill, "supplemental breast examination" means a medically necessary and appropriate, in accordance with National Comprehensive Cancer Network Guidelines, examination of the breast (including, but not limited to, such an examination using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging) that is: (1) used to screen for breast cancer when there is no abnormality seen or suspected; and (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer (including heterogeneously or extremely dense breasts).
4646
4747 An Act concerning breast examinations and insurance coverage and supplementing various parts of the statutory law.
4848
4949
5050
5151 Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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5454
5555 1. a. No group or individual hospital service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the contract provides benefits to any subscriber or other person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination.
5656
5757 b. These benefits shall be provided to the same extent as for any other sickness under the contract, except that the contract shall not impose a cost-sharing requirement.
5858
5959 c. The provisions of this section shall apply to all contracts in which the hospital service corporation has reserved the right to change the premium.
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6161 d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law.
6262
6363 e. As used in this section:
6464
6565 "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
6666
6767 "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality:
6868
6969 (1) seen or suspected from a screening examination for breast cancer; or
7070
7171 (2) detected by another means of examination.
7272
7373 "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is:
7474
7575 (1) used to screen for breast cancer when there is no abnormality seen or suspected; and
7676
7777 (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts.
7878
7979
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8181 2. a. No group or individual medical service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the contract provides benefits to any subscriber or other person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination.
8282
8383 b. These benefits shall be provided to the same extent as for any other sickness under the contract, except that the contract shall not impose a cost-sharing requirement.
8484
8585 c. The provisions of this section shall apply to all contracts in which the medical service corporation has reserved the right to change the premium.
8686
8787 d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law.
8888
8989 e. As used in this section:
9090
9191 "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
9292
9393 "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality:
9494
9595 (1) seen or suspected from a screening examination for breast cancer; or
9696
9797 (2) detected by another means of examination.
9898
9999 "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is:
100100
101101 (1) used to screen for breast cancer when there is no abnormality seen or suspected; and
102102
103103 (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts.
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105105
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107107 3. a. No group or individual health service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the contract provides benefits to any subscriber or other person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination.
108108
109109 b. These benefits shall be provided to the same extent as for any other sickness under the contract, except that the contract shall not impose a cost-sharing requirement.
110110
111111 c. The provisions of this section shall apply to all contracts in which the health service corporation has reserved the right to change the premium.
112112
113113 d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law.
114114
115115 e. As used in this section:
116116
117117 "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
118118
119119 "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality:
120120
121121 (1) seen or suspected from a screening examination for breast cancer; or
122122
123123 (2) detected by another means of examination.
124124
125125 "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is:
126126
127127 (1) used to screen for breast cancer when there is no abnormality seen or suspected; and
128128
129129 (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts.
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131131
132132
133133 4. a. No individual health insurance policy providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the policy provides benefits to any named insured or other person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination.
134134
135135 b. These benefits shall be provided to the same extent as for any other sickness under the policy, except that the policy shall not impose a cost-sharing requirement.
136136
137137 c. The provisions of this section shall apply to all policies in which the insurer has reserved the right to change the premium.
138138
139139 d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law.
140140
141141 e. As used in this section:
142142
143143 "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
144144
145145 "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality:
146146
147147 (1) seen or suspected from a screening examination for breast cancer; or
148148
149149 (2) detected by another means of examination.
150150
151151 "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is:
152152
153153 (1) used to screen for breast cancer when there is no abnormality seen or suspected; and
154154
155155 (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts.
156156
157157
158158
159159 5. a. No group health insurance policy providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the policy provides benefits to any named insured or other person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination.
160160
161161 b. These benefits shall be provided to the same extent as for any other sickness under the policy, except that the policy shall not impose a cost-sharing requirement.
162162
163163 c. The provisions of this section shall apply to all policies in which the insurer has reserved the right to change the premium.
164164
165165 d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law.
166166
167167 e. As used in this section:
168168
169169 "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
170170
171171 "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality:
172172
173173 (1) seen or suspected from a screening examination for breast cancer; or
174174
175175 (2) detected by another means of examination.
176176
177177 "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is:
178178
179179 (1) used to screen for breast cancer when there is no abnormality seen or suspected; and
180180
181181 (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts.
182182
183183
184184
185185 6. a. Every individual health benefits plan that is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.161 (C.17B:27A-2 et seq.) or approved for issuance or renewal in this State, on or after the effective date of this act, shall provide benefits to any person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination.
186186
187187 b. The benefits shall be provided to the same extent as for any other medical condition under the health benefits plan, except that the plan shall not impose a cost-sharing requirement.
188188
189189 c. The provisions of this section shall apply to all health benefit plans in which the carrier has reserved the right to change the premium.
190190
191191 d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law.
192192
193193 e. As used in this section:
194194
195195 "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
196196
197197 "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality:
198198
199199 (1) seen or suspected from a screening examination for breast cancer; or
200200
201201 (2) detected by another means of examination.
202202
203203 "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is:
204204
205205 (1) used to screen for breast cancer when there is no abnormality seen or suspected; and
206206
207207 (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts.
208208
209209
210210
211211 7. a. Every small employer health benefits plan that is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.162 (C.17B:27A-17 et seq.) or approved for issuance or renewal in this State, on or after the effective date of this act, shall provide benefits to any person covered thereunder for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination.
212212
213213 b. The benefits shall be provided to the same extent as for any other medical condition under the health benefits plan, except that the plan shall not impose a cost-sharing requirement.
214214
215215 c. The provisions of this section shall apply to all health benefit plans in which the carrier has reserved the right to change the premium.
216216
217217 d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law.
218218
219219 e. As used in this section:
220220
221221 "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
222222
223223 "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality:
224224
225225 (1) seen or suspected from a screening examination for breast cancer; or
226226
227227 (2) detected by another means of examination.
228228
229229 "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is:
230230
231231 (1) used to screen for breast cancer when there is no abnormality seen or suspected; and
232232
233233 (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts.
234234
235235
236236
237237 8. a. Notwithstanding any provision of law to the contrary, a certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the Commissioner of Banking and Insurance on or after the effective date of this act unless the health maintenance organization provides health care services to any enrollee for the conduct of a diagnostic breast examination and supplemental breast examination.
238238
239239 b. These health care services shall be provided to the same extent as for any other sickness under the enrollee agreement, except that the agreement shall not impose a cost-sharing requirement.
240240
241241 c. The provisions of this section shall apply to all enrollee agreements in which the health maintenance organization has reserved the right to change the schedule of charges.
242242
243243 d. The provisions of this section shall apply to a high-deductible health plan to the maximum extent permitted by federal law, except if the plan is used to establish a medical savings account pursuant to section 220 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.220) or a health savings account pursuant to section 223 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.223). The provisions of this section shall apply to the plan to the maximum extent that is permitted by federal law and does not disqualify the account for the deduction allowed under section 220 or 223, as applicable. The provisions of this section shall apply to a plan that meets the requirements of a catastrophic plan, as defined in 45 C.F.R. s.156.155, to the maximum extent permitted by federal law.
244244
245245 e. As used in this section:
246246
247247 "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
248248
249249 "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality:
250250
251251 (1) seen or suspected from a screening examination for breast cancer; or
252252
253253 (2) detected by another means of examination.
254254
255255 "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is:
256256
257257 (1) used to screen for breast cancer when there is no abnormality seen or suspected; and
258258
259259 (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts.
260260
261261
262262
263263 9. a. The State Health Benefits Commission shall provide benefits to each person covered under the State Health Benefits Program for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination.
264264
265265 b. The benefits shall be provided to the same extent as for any other medical condition under the contract, except that the contract shall not impose a cost-sharing requirement.
266266
267267 c. As used in this section:
268268
269269 "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
270270
271271 "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality:
272272
273273 (1) seen or suspected from a screening examination for breast cancer; or
274274
275275 (2) detected by another means of examination.
276276
277277 "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is:
278278
279279 (1) used to screen for breast cancer when there is no abnormality seen or suspected; and
280280
281281 (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts.
282282
283283
284284
285285 10. a. The School Employees' Health Benefits Commission shall provide benefits to each person covered under the School Employees' Health Benefits Program for expenses incurred in conducting a diagnostic breast examination and supplemental breast examination.
286286
287287 b. The benefits shall be provided to the same extent as for any other medical condition under the contract, except that the contract shall not impose a cost-sharing requirement.
288288
289289 c. As used in this section:
290290
291291 "Cost-sharing requirement" means a deductible, coinsurance, copayment, or any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
292292
293293 "Diagnostic breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is used to evaluate an abnormality:
294294
295295 (1) seen or suspected from a screening examination for breast cancer; or
296296
297297 (2) detected by another means of examination.
298298
299299 "Supplemental breast examination" means a medically necessary and appropriate examination of the breast, in accordance with National Comprehensive Cancer Network Guidelines, including, but not limited to, examinations using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging, that is:
300300
301301 (1) used to screen for breast cancer when there is no abnormality seen or suspected; and
302302
303303 (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer, including heterogeneously or extremely dense breasts.
304304
305305
306306
307307 11. This act shall take effect on the first day of the fourth month next following the date of enactment and shall apply to all contracts and policies that are delivered, issued, executed, or renewed or approved for issuance or renewal in this State on or after the effective date.
308308
309309
310310
311311
312312
313313 STATEMENT
314314
315315
316316
317317 This bill requires health insurance carriers (insurance companies, health, hospital, and medical service corporations, health maintenance organizations, and State and School Employees' Health Benefits Program contracts) to provide coverage for diagnostic and supplemental breast examinations without cost-sharing.
318318
319319 Under the bill, "diagnostic breast examination" means a medically necessary and appropriate, in accordance with National Comprehensive Cancer Network Guidelines, examination of the breast (including, but not limited to, such an examination using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging) that is used to evaluate an abnormality:
320320
321321 (1) seen or suspected from a screening examination for breast cancer; or
322322
323323 (2) detected by another means of examination.
324324
325325 Under the bill, "supplemental breast examination" means a medically necessary and appropriate, in accordance with National Comprehensive Cancer Network Guidelines, examination of the breast (including, but not limited to, such an examination using contrast-enhanced mammography, breast magnetic resonance imaging, breast ultrasound, or molecular breast imaging) that is:
326326
327327 (1) used to screen for breast cancer when there is no abnormality seen or suspected; and
328328
329329 (2) based on personal or family medical history or additional factors that increase the individual's risk of breast cancer (including heterogeneously or extremely dense breasts).