STATE OF NEW YORK ________________________________________________________________________ 738 2023-2024 Regular Sessions IN ASSEMBLY January 11, 2023 ___________ Introduced by M. of A. ROZIC, AUBRY, BRONSON, COLTON, COOK, OTIS, SIMON, WEPRIN -- Multi-Sponsored by -- M. of A. GUNTHER, RIVERA -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to requiring health insurance policies to fully cover comprehensive genetic testing and FDA approved biomarker testing for ovarian and prostate cancers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "Ana Lucia 2 act". 3 § 2. Paragraph 11-a of subsection (i) of section 3216 of the insurance 4 law is amended by adding a new subparagraph (C) to read as follows: 5 (C) (i) Such policy shall provide additional full coverage for compre- 6 hensive genetic testing and FDA approved testing based on family or 7 person's history for prostatic and ovarian cancer when recommended by a 8 doctor, a board-certified geneticist or a board-certified genetic coun- 9 selor. Such coverage shall also be provided after the patient's initial 10 diagnosis. Patients need to know if they carry the genetic or inheri- 11 tance mutation, which can help to determine possible treatments. Genetic 12 screening shall be covered for prostate and ovarian cancer patients' 13 family members. The genetic result shall not be used against family 14 members that carry the genetic or inheritance mutation for insurance 15 coverage purposes. 16 (ii) All costs associated with such additional full coverage shall not 17 be subject to annual deductibles and coinsurance but shall be borne 18 solely by the insurer. 19 § 3. Paragraph 11-a of subsection (l) of section 3221 of the insurance 20 law is amended by adding a new subparagraph (C) to read as follows: 21 (C)(i) Such policy shall provide additional full coverage for compre- 22 hensive genetic testing and FDA approved testing based on family or 23 person's history for prostatic and ovarian cancer when recommended by a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00460-01-3A. 738 2 1 doctor, a board-certified geneticist or a board-certified genetic coun- 2 selor. Such coverage shall also be provided after the patient's initial 3 diagnosis. Patients need to know if they carry the genetic or inheri- 4 tance mutation, which can help to determine possible treatments. Genetic 5 screening shall be covered for prostate and ovarian cancer patients' 6 family members. The genetic result shall not be used against family 7 members that carry the genetic or inheritance mutation for insurance 8 coverage purposes. 9 (ii) All costs associated with such additional full coverage shall not 10 be subject to annual deductibles and coinsurance but shall be borne 11 solely by the insurer. 12 § 4. Subsection (z-1) of section 4303 of the insurance law is amended 13 by adding a new paragraph 3 to read as follows: 14 (3)(A) Such policy shall provide additional full coverage for compre- 15 hensive genetic testing and FDA approved testing based on family or 16 person's history for prostatic and ovarian cancer when recommended by a 17 doctor, a board-certified geneticist or a board-certified genetic coun- 18 selor. 19 (B) All costs associated with such additional full coverage shall not 20 be subject to annual deductibles and coinsurance but shall be borne 21 solely by the insurer. Such coverage shall also be provided after the 22 patient's initial diagnosis. Patients need to know if they carry the 23 genetic or inheritance mutation, which can help to determine possible 24 treatments. Genetic screening shall be covered for prostate and ovarian 25 cancer patients' family members. The genetic result shall not be used 26 against family members that carry the genetic or inheritance mutation 27 for insurance coverage purposes. 28 § 5. This act shall take effect on the sixtieth day after it shall 29 have become a law and shall apply to all policies, contracts and certif- 30 icates issued, renewed, modified, altered or amended on or after such 31 date.