376.1250. Cancer screening, health insurance coverage required, when, types--department of health and senior services duties.
Cancer screening, health insurance coverage required, when,types--department of health and senior services duties.
376.1250. 1. All individual and group health insurance policiesproviding coverage on an expense-incurred basis, individual and group serviceor indemnity type contracts issued by a nonprofit corporation, individual andgroup service contracts issued by a health maintenance organization, allself-insured group arrangements to the extent not preempted by federal law andall managed health care delivery entities of any type or description, that aredelivered, issued for delivery, continued or renewed on or after August 28,1999, and providing coverage to any resident of this state shall providebenefits or coverage for:
(1) A pelvic examination and Pap smear for any nonsymptomatic womancovered under such policy or contract, in accordance with the current AmericanCancer Society guidelines;
(2) A prostate examination and laboratory tests for cancer for anynonsymptomatic man covered under such policy or contract, in accordance withthe current American Cancer Society guidelines; and
(3) A colorectal cancer examination and laboratory tests for cancer forany nonsymptomatic person covered under such policy or contract, in accordancewith the current American Cancer Society guidelines.
2. Coverage and benefits related to the examinations and tests asrequired by this section shall be at least as favorable and subject to thesame dollar limits, deductible, and co-payments as other covered benefits orservices.
3. Nothing in this act* shall apply to accident-only, hospitalindemnity, Medicare supplement, long-term care, or other limited benefithealth insurance policies.
4. The provisions of this section shall not apply to short-term majormedical policies of six months or less duration.
5. The attending physician shall make available to any patient theadvantages, disadvantages, and risks, including cancer, associated with breastimplantation prior to such operation as provided by the department of healthand senior services.
6. The department of health and senior services shall:
(1) Make available a standardized written summary that would be clear toa prudent lay person that:
(a) Contains general information on breast implantation; and
(b) Discloses potential dangers and side effects of a breastimplantation operation;
(2) Update the standardized written summary as deemed necessary by thedepartment of health and senior services; and
(3) By January 1, 2000, the department shall make available thestandardized written summary to all hospitals, clinics, and physicians'offices that perform breast implantation.
7. The attending physician satisfies the requirements of subsection 5 ofthis section if:
(1) The physician provides the breast implantation patient with thestandardized written summary described in subsection 2 of this section;
(2) The patient receives the standardized written summary at least fivedays before the breast implantation operation; and
(3) The patient signs a statement, made available by the department ofhealth and senior services, acknowledging the patient's receipt of thestandardized written summary.
8. Failure of the department of health and senior services to make thesummary available, as described in subsection 6 of this section, shall be anaffirmative defense in an action alleging a violation of subsection 5 of thissection for the attending physician.
9. Nothing in this section shall alter, impair or otherwise affectclaims, rights or remedies available pursuant to law.
(L. 1999 H.B. 191 § 1)*"This act" (H.B. 191, 1999) contains numerous sections. Consult Disposition of Sections table for definitive listing.