BILL NUMBER: S7987
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the insurance law and the public health law, in relation
to ensuring continuity of care for cancer patients during insurance
contract negotiations
 
PURPOSE:
This legislation will ensure that oncology patients currently being
treated for cancer will continue to receive coverage from their insurers
in the event that the insurer and oncology treatment provider fail to
agree during contract renewal negotiations. In such an event, all such
patients will be "grandfathered" under the insurer and oncology treat-
ment provider, and will remain covered by insurance and treated by such
provider, for the balance of the course of their treatment.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 sets forth that this act shall be know and may be cited as the
"Continuity of Cancer Care Act" or the "COCCA".ò
Section 2 amends Section 3216 of the insurance law by adding language
stating insurers must continue covering care for such treatments,
regardless of contractual disputes, until the conclusion of the
insured's care.
Section 3 amends Section 3221 of the insurance law by adding language
stating insurers must continue covering care for such treatments,
regardless of contractual disputes, until the conclusion of the
insured's care.
Section 4 amends Section 4304 of the insurance law by adding language
stating insurers must continue covering care for such treatments,
regardless of contractual disputes, until the conclusion of the
insured's care.
Section 5 amends the Public Health Law by adding a new section 2404-e
entitled Cancer; duty to continue treatment - which states insurers must
continue covering care for such treatments, regardless of contractual
disputes, until the conclusion of the insured's care.
Section 6 sets the effective date.
 
JUSTIFICATION:
Dealing with a diagnosis of cancer is difficult enough for both the
patient and their loved ones. For a patient to thereafter receive 4
44gor from their insurance provider, that their oncologists may no long-
er be considered "in network" with such insurance provider, is simply
too much to bear. Nonetheless, in October 2024, a major insurer provider
sent such a letter to tens of thousands of its insured patients, regard-
ing their contract negotiations with Memorial Sloan Kettering Cancer
Center ("MSKCC"), stating that coverage for any and all treatments would
end December 31, 2024. Soon thereafter, the insurance provider sent a
follow-up letter stating they would "grandfather" all patients, current-
ly under treatment, until March 31, 2025. Thankfully, the parties came
to an agreement. Had they not, thousands of cancer patients would have
been forced to leave MSKCC in April 2025, regardless of the status of
their treatment. This bill ensures that any patients currently under
treatment, will be automatically grandfathered for continued care until
the end of their treatment.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S7987: 3216 insurance law, 3221 insurance law, 4303 insurance law