2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 23 - MANDATED INSURER OR PLAN COVERAGE (§§ 56-7-NEW — 56-7-2369) › Section 56-7-2354 - Early detection of prostate cancer

(a)
As used in this section:
(1)
"Cost sharing requirement" means a deductible, coinsurance, copayment, or a maximum limitation on the application of a deductible, coinsurance, copayment, or other out-of-pocket expense;
(2)
"Health benefit plan":
(A)
Means a hospital or medical expense policy; health, hospital, or medical service corporation contract; policy or agreement entered into by a health insurer; or health maintenance organization contract offered by an employer;
(B)
Includes a state insurance plan set out in title 8, chapter 27; a policy or contract for health insurance coverage provided under the TennCare medical assistance program or a successor program provided for in title 71, chapter 5; and a policy or contract for health insurance coverage provided under the CoverKids program or a successor program provided for in title 71, chapter 3; and
(C)
Does not include policies or certificates covering only accident, credit, dental, disability income, long-term care, hospital indemnity, medicare supplement, as defined in § 1882(g)(1) of the Social Security Act (
42 U.S.C. § 1395ss(g)(1)
), specified disease, or vision care; other limited benefit health insurance; coverage issued as a supplement to liability insurance; workers' compensation insurance; automobile medical payment insurance; or insurance that is statutorily required to be contained in any liability insurance policy or equivalent self insurance; and
(3)
"Men with a family history of prostate cancer" means men who have a first-degree relative:
(A)
Who was diagnosed with prostate cancer;
(B)
Who developed prostate cancer;
(C)
Whose death was a result of prostate cancer;
(D)
Who has been diagnosed with a cancer known to be associated with an increased risk of prostate cancer; or
(E)
Who has a genetic alteration known to be associated with an increased risk of prostate cancer.
(b)
A health benefit plan shall provide, upon the recommendation of a physician, coverage for the early detection of prostate cancer for:
(1)
Men forty (40) to forty-nine (49) years of age who are at a high risk of developing prostate cancer, including African-American men and men with a family history of prostate cancer;
(2)
Men fifty (50) years of age and older; and
(3)
Other men, if a physician determines that early detection for prostate cancer is medically necessary.
(c)
(1)
Except as provided in subdivision (c)(2), a health benefit plan that provides coverage for the early detection of prostate cancer must provide such coverage without imposing a cost sharing requirement on the enrollee.
(2)
If compliance with subdivision (c)(1) would result in a high deductible health benefit plan with a health savings account becoming ineligible under § 223 of the Internal Revenue Code (
26 U.S.C. § 223
), then subdivision (c)(1) applies to such plans only after the plan enrollee has satisfied the minimum deductible required under § 223 of the Internal Revenue Code, except with respect to items or services that are deemed preventive care pursuant to § 223(c)(2)(C) of the Internal Revenue Code.
(d)
Notwithstanding subsection (b), a policy or contract for health insurance coverage provided under the TennCare medical assistance program or a successor program provided for in title 71, chapter 5, or the CoverKids program or a successor program provided for in title 71, chapter 3, must provide coverage pursuant to this section when determined to be medically necessary pursuant to § 71-5-144.
Amended by 2024 Tenn. Acts, ch. 1003,s 2, eff. 7/1/2024.
Acts 1997 , ch. 443, § 1.