SENATE APPROVES REVISED BRUNO BILL TO PROTECT HEALTH OF WOMEN

Expanded Coverage for Early Cancer Detection, Contraception for All Women

Wednesday, June 20, 2001

The New York State Senate today approved revised legislation that requires expanded insurance coverage for prevention, early detection and treatment of breast and cervical cancer, osteoporosis and other women�s health needs, as well as coverage for prescription contraceptives for all women.

"The revised Women�s Health bill, which provides women with expanded access to a broad range of critical health care services, continues the Senate Majority�s long history of promoting and supporting measures that enhance women�s health and that of all New Yorkers," said Senate Majority Leader Joseph L. Bruno (R-C, Brunswick). "From measures designed to promote early detection of breast cancer to ending risky medical practices like through "drive-thru" births, the Senate Majority has shown the way to protecting and enhancing women�s health care. This bill represents another leap forward in promoting healthy lives."

The bill, S. 5626, sponsored by Sens. Bruno, John J. Bonacic and Mary Lou Rath, amends and enhances an earlier measure already passed by the Senate. It closes several loopholes in existing law that limited some women�s access to early detection screenings for breast and cervical cancer. Additionally, it provides coverage according to nationally recognized criteria for women to detect and treat osteoporosis, a bone-weakening condition that affects nearly half of women, usually by age 50.

Sens. Rath and Bonacic are co-chairs of the Senate Majority�s Task Force on Health and Wellness.

"This bill will make New York a leader in the fight to prevent and treat osteoporosis, just as we have always been in the forefront of fighting to protect women�s health," said Senator Rath (R-C, Williamsville). "In addition, by encouraging early detection and prevention, this bill will save women from the effects of debilitating and potentially deadly diseases like cancer, and it will encourage them to take early steps that will allow them to stay healthy and active throughout their lives."

The revised bill requires contraceptive drugs and devices be included in the prescription coverage provided by insurers and HMOs. Many employers and health plans already include such coverage.

As with other laws already enacted, religious organizations with faith-based objections to providing such coverage may be exempt subject to oversight by the state Insurance Superintendent. At least nine of 13 states that statutorily require contraceptive coverage have similar exemption provisions for religious organizations.

The tiny fraction of eligible women affected by the opt out provisions could subscribe to receive contraceptive coverage at the same, lower-priced group rate that would have been available to their employer.

"This bill would not leave one woman behind in providing coverage for services they need and deserve," said Senator Bonacic (R-C, Mount Hope). "It�s time for the Assembly to stop playing politics, come to the table and reach an agreement that will help save women�s lives."

Specifically, the measure provides:

BREAST/CERVICAL CANCER SCREENING

* expands access to mammography and cervical cancer screenings by closing a loophole in earlier laws requiring coverage that exempted some "multistate" policies;

* requires insurers to pay for annual breast cancer-detecting mammograms for women beginning at age 40, based on a doctor�s recommendation. Current law requires coverage for biannual screenings for women aged 40 to 49, and annually from age 50.

OSTEOPOROSIS EXAMS

* requires coverage for medically necessary tests, like routine bone density exams, to detect the bone-crippling disease osteoporosis, according to National Institutes of Health and Medicare guidelines for frequency of such exams.

CONTRACEPTIVE COVERAGE

* requires that prescription drug plans include coverage for approved contraceptive drugs and devices;

* certain religious organizations may be exempt from providing such coverage, except that employees would be able to purchase it at a lower cost group rate.

OBSTETRICS/GYNECOLOGY DIRECT ACCESS

* clarifies a 1994 law allowing women to choose an obstetrician/gynecologist without a referral from a primary care physician to cover all women enrolled in eligible plans.

New York -- led by the Senate -- has been a trailblazer in expanding required coverage for women�s health needs. Earlier laws originally hatched in the Senate required coverage for early testing for breast and cervical cancer, when treatment options offer the best hope for full and healthful recovery, required coverage for post-treatment breast reconstruction, and ended such dubious practices as "drive-thru" child births and mastectomies.

"These earlier efforts have certainly resulted in dramatic declines in the number of women who were previously undiagnosed with often preventable and treatable diseases," said Senator Bruno. "The Women�s Health bill builds on this strong tradition of concern and caring for New York women and their health needs."

The bill also is sponsored by Kemp Hannon, James L. Seward, John R. Kuhl, William J. Larkin Jr., Dean G. Skelos, Nancy Larraine Hoffmann, Kenneth P. LaValle, Nicholas Spano, Thomas P. Morahan, Patricia K. McGee, Vincent L. Leibell, Carl L. Marcellino, Frank Padavan, Caesar Trunzo and Guy J. Velella.

The bill was sent to the Assembly.

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