Sponsored by:
Assemblywoman ROSAURA "ROSY" BAGOLIE
District 27 (Essex and Passaic)
Assemblywoman GARNET R. HALL
District 28 (Essex and Union)
Assemblyman REGINALD W. ATKINS
District 20 (Union)
Co-Sponsored by:
Assemblywomen Carter, Morales, Collazos-Gill, Donlon, Assemblymen Moen, Karabinchak, Assemblywomen Peterpaul, Speight, Pintor Marin, Assemblymen Miller, Marenco, Assemblywomen McCann Stamato, Katz, Assemblymen Wimberly, Rodriguez, Stanley, Assemblywoman Drulis, Assemblyman Verrelli, Assemblywomen McCoy and Ramirez
SYNOPSIS
Cancer Patient Care and Compassion Act.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain protections for cancer patients and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Sections 1 through 6 of this act shall be known and may be cited as the Cancer Patient Care and Compassion Act.
2. (New section) a. A contract that provides hospital or medical expense benefits and is delivered, issued, executed, or renewed in this State by a carrier, the State Health Benefits Commission, or the School Employees Health Benefits Commission, or is approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall provide coverage for individuals diagnosed with cancer and with a prognosis that is deemed Stage III, Stage IV, or terminal:
(1) parenteral treatment of the cancer;
(2) survivorship care plan, including follow-up appointments; and
(3) any other service or item, as determined by the Commissioner of Banking and Insurance.
b. A contract subject to this section shall not impose a coinsurance, copayment, or any other cost-sharing requirement on the coverage required under this section.
c. The provisions of this section shall apply to all contracts in which the carrier has reserved the right to change the premium.
d. As used in this section:
Parenteral treatment means the intravenous, intra-arterial, intraperitoneal, or intrathecal administration of nutrition or medication bypassing the gastrointestinal system.
Survivorship care plan means a plan for an individual with cancer from diagnosis through the end of life that focuses on the health and well-being of the individual. This includes, but is not limited to, side effects from treatment, cancer recurrence, and quality of life.
3. (New section) a. Notwithstanding any State law or regulation to the contrary, the Department of Human Services shall ensure that expenses incurred for the following services shall be provided with no cost-sharing to persons served under the Medicaid program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) for individuals diagnosed with cancer and with a prognosis that is deemed Stage III, Stage IV, or terminal:
(1) parenteral treatment of the cancer;
(2) survivorship care plan, including follow-up appointments; and
(3) any other service or item, as determined by the department.
b. Any copayment or coinsurance that may be required pursuant to the contract for services covered pursuant to subsection a. of this section shall not apply.
c. The department may take any administrative action necessary to effectuate the provisions of this section.
d. As used in this section:
Carrier means an insurance company, health service corporation, hospital service corporation, medical service corporation, or health maintenance organization authorized to issue health benefits plans in this State.
Parenteral treatment means the intravenous, intra-arterial, intraperitoneal, or intrathecal administration of nutrition or medication bypassing the gastrointestinal system.
Survivorship care plan means a plan for an individual with cancer from diagnosis through the end of life that focuses on the health and well-being of the individual. This includes, but is not limited to, side effects from treatment, cancer recurrence, and quality of life.
4. (New section) a. Before a residential mortgage lender provides a notice of intention to a residential mortgage debtor pursuant to section 4 of P.L.1995, c.244 (C.2A:50-56), and before the residential mortgage lender accelerates the maturity of a residential mortgage obligation and commences a foreclosure action to take possession of the residential property that is the subject of the mortgage, the residential mortgage lender shall ensure that a residential mortgage debtor is not undergoing treatment for Stage III, Stage IV, or terminal cancer. If a residential mortgage debtor is undergoing treatment for Stage III, Stage IV, or terminal cancer, the residential mortgage lender shall not provide a notice of intention to the residential mortgage debtor until the residential mortgage lender receives notice from the physician treating the residential mortgage debtor that the debtor is no longer undergoing treatment.
b. Any foreclosure action to take possession of a residential property shall be dismissed upon submission by the residential mortgage debtor to the residential mortgage lender of a letter from the physician of the debtor certifying that the debtor is undergoing treatment for Stage III, Stage IV, or terminal cancer.
5. (New section) a. A creditor shall not initiate a collection proceeding for a default on any debt against an individual who is undergoing treatment for Stage III, Stage IV, or terminal cancer and who submits to the creditor a letter from the individuals physician certifying treatment of the individual for Stage III, Stage IV, or terminal cancer.
b. Any collection proceeding against an individual who is undergoing treatment for Stage III, Stage IV, or terminal cancer shall be dismissed upon submission by the individual to the creditor of a letter from the individuals physician certifying treatment of the individual for Stage III, Stage IV, or terminal cancer.
c. As used in this section:
Collection proceeding means actions related to the collection of an individuals debt that require a legal or judicial process, including, but not limited to, placing a lien on an individual's property, attaching or seizing an individual's bank account or any other personal property, commencing a civil action against an individual, or garnishing an individual's wages.
Creditor means a federal or State chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions