BILL NUMBER: S6146A
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the insurance law, in relation to requiring certain
insurers to provide coverage for tattooing performed by a physician as
part of breast reconstruction surgery
 
PURPOSE OR GENERAL IDEA OF BILL::
To require coverage of breast tattooing following a mastectomy or
partial mastectomy.
 
SUMMARY OF PROVISIONS::
Sections one through three amend sections 3216, 3221 and 4303 of the
insurance law to require that insurance companies shall provide coverage
for tattooing of the nipple-areolar complex pursuant to or as part of
such reconstruction if such tattooing is performed by a licensed physi-
cian.
Section four provides the effective date.
A-Print expands those who can perform the procedure to "other health
care practitioner licensed, certified, or authorized pursuant to title
eight of the education law and acting within their scope of practice."
 
JUSTIFICATION::
Current New York State Law requires insurance companies to provide
coverage for breast reconstructive surgery following a mastectomy or
partial mastectomy. The law specifically states that coverage shall be
provided for all stages of reconstruction of the breast on which the
mastectomy or partial mastectomy has been performed, as well as surgery
on the other breast to achieve a symmetrical appearance.
However, the final stage of the reconstruction process, tattooing to
create a realistic looking nipple and areola on the breasts, is not
currently covered by most insurance companies. This legislation would
require coverage of breast tattooing as part of the reconstruction proc-
ess, so long as the tattooing is performed by a licensed physician.
Medical breast tattooing must be covered by insurance companies. It
should not be considered as a cosmetic, elective procedure. It is the
last needed step in the breast reconstructive journey and covering this
procedure will ensure that women who have gone through this challenging
process might begin to feel whole again.
 
PRIOR LEGISLATIVE HISTORY::
New bill.
 
FISCAL IMPLICATIONS::
None.
 
EFFECTIVE DATE::
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

Statutes affected:
S6146: 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(k) insurance law, 4303 insurance law, 4303(x) insurance law
S6146A: 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(k) insurance law, 4303 insurance law, 4303(x) insurance law