BILL NUMBER: S3323A
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the insurance law, in relation to enacting the Eli Park-
er Levitt law
 
PURPOSE:
The purpose of this bill is to require commercial health insurance
coverage of medically necessary transvaginal ultrasounds when recom-
mended by nationally recognized clinical practice guidelines.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill requires individual, group, and Article 43 commercial health
insurance policies provide coverage of medically necessary transvaginal
ultrasounds when recommended by nationally recognized clinical practice
guidelines. For the purposes of this legislation, nationally recognized
clinical practice guidelines mean evidence-based clinical practice
guidelines informed by a systematic review of evidence and an assessment
of the benefits, and risks of alternative care options intended to opti-
mize patient care developed by independent organizations or medical
professional societies utilizing a transparent methodology and reporting
structure and with a conflict-of-interest policy.
 
JUSTIFICATION:
Carolyn Spiro Levitt and her husband, Josh, lost their son Eli Parker
Levitt, when he was born at 23 weeks in 2020. At 20 weeks, Carolyn was
told during a routine appointment that she was three centimeters dilat-
ed, fully effaced, and about to go into labor due to a condition cruelly
named an "incompetent cervix". Prior to that, the Levitt's were led to
believe that everything was fine with their pregnancy. The condition
Carolyn developed can be treated and addressed if caught in time through
easy-to-conduct testing. Because Carolyn was not tested for the condi-
tion earlier in her pregnancy, their son, Eli Levitt, passed away after
being born early. An incompregnancy. Before, so-called cervical insuf-
ficiency, is a condition that occurs when weak cervical tissue causes or
contributes to premature birth or the loss of an otherwise healthy preg-
nancy. Before pregnancy, a woman's cervix - the lower part of the uterus
that connects to the vagina - is normally closed and rigid. As pregnancy
progresses and a woman prepares to give birth, the cervix gradually
softens, decreases in length, and opens. If a woman has an incompetent
cervix, the cervix might begin to open too soon causing premature birth.
Submitted in accordance with Assembly Rule III, Sec 1(f) Performing a
test and an examination on all expecting women helps to ensure better
birth outcomes. Cervical incompetence is a known risk factor for preterm
birth and is considered responsible for 5% of extreme preterm deliveries
(<28weeks).
The United States is one of the most dangerous developed nations for
pregnant mothers and their babies. Ten percent of all babies in the US
are born prematurely. Premature birth (birth before 37 weeks) and its
complications is the leading cause of death in babies in the US; of
babies who survive, many have long standing health problems, including
cerebral palsy, developmental disabilities, chronic lung disease, and
issues with vision and hearing.
 
LEGISLATIVE HISTORY:
2024; Amended and held in Insurance.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
January 1, 2026.

Statutes affected:
S3323: 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(k) insurance law, 4303 insurance law, 4303(c) insurance law
S3323A: 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(k) insurance law, 4303 insurance law, 4303(c) insurance law