33-29-3.2
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33-29-3.2.
(a)
As used in this Code section, the term:
(1)
'Female at risk' means a woman:
(A)
Who has a personal history of breast cancer;
(B)
Who has a personal history of biopsy proven benign breast disease;
(C)
Whose grandmother, mother, sister, or daughter has had breast cancer;
or
(D)
Who has not given birth prior to age 30.
(2)
'Mammogram' means any low-dose radiologic screening procedure for the early
detection of breast cancer provided to a woman and which utilizes equipment
approved by the Department of Human Resources dedicated specifically for
mammography and includes a physician´s interpretation of the results of the
procedure or interpretation by a radiologist experienced in mammograms in
accordance with guidelines established by the American College of Radiology.
Reimbursement for a mammogram authorized under this Code section shall be made
only if the facility in which the mammogram was performed meets accreditation
standards established by the American College of Radiology or equivalent
standards established by this state. Policies subject to this Code section shall
contain coverage for mammograms made with at least the following frequency:
(A)
Once as a base-line mammogram for any female who is at least 35 but less than 40
years of age;
(B)
Once every two years for any female who is at least 40 but less than 50 years of
age;
(C)
Once every year for any female who is at least 50 years of age; and
(D)
When ordered by a physician for a female at risk.
(3)
'Pap smear' or 'Papanicolaou smear' means an examination, in accordance with
standards established by the American College of Pathologists, of the tissues of
the cervix of the uterus for the purpose of detecting cancer when performed upon
the order of a physician, which examination may be made once a year or more
often if ordered by a physician.
(4)
'Policy' means any benefit plan, contract, or policy except a disability income
policy, specified disease policy, or hospital indemnity policy.
(5)
'Prostate specific antigen test' means a measurement, in accordance with
standards established by the American College of Pathologists, of a substance
produced by the epithelium to determine if there is any benign or malignant
prostate tissue.
(b)(1)
Every insurer authorized to issue an individual accident and sickness insurance
policy in this state which includes coverage for any female shall include as
part of or as a required endorsement to each such policy which is issued,
delivered, issued for delivery, or renewed on or after July 1, 1992, coverage
for mammograms and Pap smears for the covered females which at least meets the
minimum requirements of this Code section.
(2)
Every insurer authorized to issue an individual accident and sickness insurance
policy in this state which includes coverage for any male shall include as a
part of or as a required endorsement to each such policy which is issued,
delivered, issued for delivery, or renewed on or after July 1, 1992, coverage
for annual prostate specific antigen tests for the covered males who are 45
years of age or older, or for covered males who are 40 years of age or older, if
ordered by a physician.
(c)
The coverage required under subsection (b) of this Code section may be subject
to such exclusions, reductions, or other limitations as to coverages,
deductibles, or coinsurance provisions as may be approved by the Commissioner.
(d)
Nothing in this Code section shall be construed to prohibit the issuance of
individual accident and sickness insurance policies which provide benefits
greater than those required by subsection (b) of this Code section or more
favorable to the insured than those required by subsection (b) of this Code
section.
(e)
The provisions of this Code section shall apply to individual accident and
sickness insurance policies issued by a fraternal benefit society, a nonprofit
hospital service corporation, a nonprofit medical service corporation, a health
care plan, a health maintenance organization, or any similar entity.
(f)
Nothing contained in this Code section shall be deemed to prohibit the payment
of different levels of benefits or from having differences in coinsurance
percentages applicable to benefit levels for services provided by preferred and
nonpreferred providers as otherwise authorized under the provisions of Article 2
of Chapter 30 of this title, relating to preferred provider arrangements.