What's happening
This bill requires employers to give employees aged 45+ one day off every ten years for a colonoscopy and mandates insurance coverage for colonoscopies starting at age 45, or earlier for high-risk individuals.
Why it matters
Removes financial barriers to colon cancer screening. By prohibiting deductibles, coinsurance, and copayments for colonoscopies (and all associated costs like anesthesia and pathology), the bill ensures that cost will not prevent people aged 45+—or younger high-risk individuals—from accessing potentially life-saving screening.
Targets earlier detection for high-risk groups. Insurance coverage is mandated starting at age 40, or even earlier, for those with a family history of colon cancer in a first-degree relative, reflecting medical evidence that these individuals are at higher risk and may need screening sooner.
Protects employees and encourages preventive care. Employers cannot retaliate against workers aged 45+ who request time off for colonoscopies, reducing workplace stigma and making it easier for employees to prioritize their health without fear of job consequences.
Could improve public health outcomes and reduce long-term costs. By facilitating earlier and broader access to colonoscopies, the bill aims to catch colon cancer at more treatable stages, which can lead to better survival rates and may reduce overall healthcare costs associated with advanced cancer treatment.
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Who cares
Headline styles
Paid Colonoscopy Leave at 45
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
217
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. BENJAMIN, KENNEDY, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to entitling employees to take one day off every ten years to obtain a colonoscopy; and to amend the insurance law, in relation to providing insurance coverage for colonoscopies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "45 saves lives".
§ 2. The labor law is amended by adding a new section 202-n to read as follows:
§ 202-n. Leave of absence for colonoscopies. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "Employee" means a person who performs services for hire for an employer, for an average of twenty or more hours per week, and includes all individuals employed at any site owned or operated by an employer but shall not include an independent contractor.
(b) "Employer" means a person or entity that employs twenty or more employees at at least one site and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, town, city, school district, public authority or other governmental subdivision of any kind.
2. An employer shall grant one day of leave of absence every ten years to all employees forty-five years of age or older for the purposes of such employees' obtainment of a colonoscopy.
3. An employer shall not retaliate against an employee for requesting or obtaining a leave of absence under this section.
4. This section shall not affect an employee's rights with respect to any other employee benefit otherwise provided by law.
§ 3. Subsection (i) of section 3216 of the insurance law is amended by adding a new paragraph 35 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01763-01-9
S. 217 2
(35) Every policy which provides coverage pursuant to this section shall provide coverage to any named subscriber or other person covered thereunder forty-five years of age or older for expenses incurred in obtaining a colonoscopy. Provided, however, that if a subscriber or person covered thereunder is a member of a high-risk group predisposed to colon cancer based on family or genetic history, such coverage shall be required at age forty, provided that for individuals with a family history of colon cancer in a first degree relative such coverage shall be required ten years before the first degree relative who developed colon cancer at the youngest age if this would require coverage before the age of forty. Such coverage shall include diagnostic and therapeutic colonoscopies, polyp removal and ancillary fees. Ancillary fees for colonoscopies shall include, but not be limited to, ambulatory, surgery center and hospital fees, anesthesia and pathology costs and polyp examination and biopsy. Such coverage shall not be required for fecal immunochemical testing. Such coverage shall not be subject to deductibles, coinsurance or copayments.
§ 4. Subsection (k) of section 3221 of the insurance law is amended by adding a new paragraph 22 to read as follows:
(22) Every policy which provides coverage pursuant to this section shall provide coverage to any named subscriber or other person covered thereunder forty-five years of age or older for expenses incurred in obtaining a colonoscopy. Provided, however, that if a subscriber or person covered thereunder is a member of a high-risk group predisposed to colon cancer based on family or genetic history, such coverage shall be required at age forty, provided that for individuals with a family history of colon cancer in a first degree relative such coverage shall be required ten years before the first degree relative who developed colon cancer at the youngest age if this would require coverage before the age of forty. Such coverage shall include diagnostic and therapeutic colonoscopies, polyp removal and ancillary fees. Ancillary fees for colonoscopies shall include, but not be limited to, ambulatory, surgery center and hospital fees, anesthesia and pathology costs and polyp examination and biopsy. Such coverage shall not be required for fecal immunochemical testing. Such coverage shall not be subject to deductibles, coinsurance or copayments.
§ 5. Subsection (a) of section 4303 of the insurance law is amended by adding a new paragraph 4 to read as follows:
(4) For colonoscopies to persons forty-five years of age or older. Provided, however, that if a subscriber or person covered thereunder is a member of a high-risk group predisposed to colon cancer based on family or genetic history, such coverage shall be required at age forty, provided that for individuals with a family history of colon cancer in a first degree relative such coverage shall be required ten years before the first degree relative who developed colon cancer at the youngest age if this would require coverage before the age of forty. Such coverage shall include diagnostic and therapeutic colonoscopies, polyp removal and ancillary fees. Ancillary fees for colonoscopies shall include, but not be limited to, ambulatory, surgery center and hospital fees, anesthesia and pathology costs and polyp examination and biopsy. Such coverage shall not be required for fecal immunochemical testing. Such coverage shall not be subject to deductibles, coinsurance or copayments.
§ 6. This act shall take effect immediately and shall apply to any policy issued, delivered, renewed, and/or modified on or after the effective date of this act.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to entitling employees to take one day off every ten years to obtain a colonoscopy; and to amend the insurance law, in relation to providing insurance coverage for colo- noscopies
Purpose
To improve the success in detection and treatment of colorectal cancers.
Summary of provisions
§ 1 names the bill the "45 saves lives" bill.
§ 2 amends the labor law to provide a leave of absence for workers to undergo colonoscopy.
§ 3 amends the insurance law to require health insurance in NY to pay for a colonoscopy from age 45.
Existing law
Current health insurance does not require payment for a colonoscopy.
Justification
Early detection of colorectal cancers is a key element for successful treatment and therapy. Incidence of colorectal cancers has increased dramatically over the last decade. Due to the cost of the screening and because the screening can make a person miss a full day of work, many people do not get screened. Only 17% of minorities are screened from age 45 to 50, it is estimated that 11% of African American colorectal cancer victims could be saved.
Legislative history
2017-18: S.9068
Fiscal implications
None.
Local fiscal implications
None.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.