Bill Text: MS HB126 | 2016 | Regular Session | Introduced
Bill Title: Breast cancer patients; require physicians to provide certain information to.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB126 Detail]
Download: Mississippi-2016-HB126-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Human Services
By: Representative Williams-Barnes
House Bill 126
AN ACT TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO DEVELOP AND MAKE AVAILABLE TO PHYSICIANS A STANDARDIZED WRITTEN SUMMARY EXPLAINING METHODS OF TREATING BREAST CANCER, OPTIONS FOR BREAST RECONSTRUCTION, AND THE AVAILABILITY OF CERTAIN COVERAGE OF PROCEDURES AND TREATMENT; TO REQUIRE PHYSICIANS TO PROVIDE THE SUMMARY TO EACH PERSON UNDER HIS OR HER CARE WHO HAS BEEN DIAGNOSED TO HAVE BREAST CANCER, UPON DIAGNOSIS OR AS SOON THEREAFTER AS PRACTICABLE; TO REQUIRE THE PHYSICIANS ISSUING THE REPORTS OF MAMMOGRAPHIES THAT DEMONSTRATE DENSE BREAST TISSUE TO NOTIFY PATIENTS OF POTENTIAL PROBLEMS ASSOCIATED WITH DENSE BREAST TISSUE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The State Department of Health shall develop and make available to physicians a standardized written summary, in plain nontechnical language, that contains all of the following:
(a) An explanation of the alternative medically viable methods of treating breast cancer including, but not limited to, hormonal, radiological, chemotherapeutic or surgical treatments, or combinations thereof.
(b) Information on breast reconstructive surgery including, but not limited to, the use of breast implants, their side effects, risks and other pertinent information to aid a person in deciding on a course of treatment.
(c) An explanation of the provisions relating to mammography coverage under Section 83-9-108 and eligibility for breast cancer treatment under Section 43-13-115(24), and a suggestion that patients undergoing such procedures check their health plans or insurance policies, or both, for the details of their coverage.
(d) Any other information the department deems necessary.
(2) Physicians shall provide the standardized written summary for alternative breast cancer treatments to each person under his or her care who has been diagnosed to have breast cancer, upon diagnosis or as soon thereafter as practicable. Hospitals that provide mastectomy surgery, lymph node dissection, or a lumpectomy shall also provide the information developed by the department.
(3) The department shall update the summary as is necessary.
(4) Nothing in this act shall be construed to create a cause of action for lack of informed consent. Nothing in this act shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of Sections 11-1-58 through 11-1-62, or any amendment to any of those sections, or any judicial interpretation of any of those sections.
SECTION 2. (1) If the mammogram of a patient demonstrates dense breast tissue, the physician issuing the report of the mammography results shall provide notification to the patient that includes, but is not limited to, the following statement:
"Your mammogram shows that your breast tissue is dense. Dense breast tissue is very common and is not abnormal. However, dense breast tissue may make it harder to find cancer on a mammogram and may also be associated with an increased risk of breast cancer. This information about the result of your mammogram is given to you to raise your awareness. Use this information to talk to your doctor about your own risks for breast cancer. At that time, ask your doctor if more screening tests might be useful, based on your risk. A report of your results was sent to your physician."
(2) For the purposes of this section, "dense breast tissue" means heterogeneously dense or extremely dense tissue as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening including, but not limited to, the breast imaging reporting and data system of the American College of Radiology, and any equivalent new terms, as such guidelines or systems are updated.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.
