Bill Text: NY A03981 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Requires mastectomy surgery, lymph node dissection or lumpectomy counseling include information on going breastless or flat.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-02-07 - REFERRED TO WOMEN'S ISSUES [A03981 Detail]

Download: New_York-2023-A03981-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3981

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Health

        AN ACT to amend the public health law, in relation to hospital care  for
          mastectomy, lumpectomy, and lymph node dissection patients

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 2803-o of the public  health  law,
     2  as  amended  by  chapter  571 of the laws of 2022, is amended to read as
     3  follows:
     4    2. Every general hospital that provides mastectomy surgery, lymph node
     5  dissection or a lumpectomy shall  provide  information  to  the  patient
     6  concerning  the  option  of reconstructive surgery following such proce-
     7  dures, including both breast and chest wall reconstructive  surgery  and
     8  the  availability  of coverage for reconstructive surgery, in accordance
     9  with the provisions of sections  three  thousand  two  hundred  sixteen,
    10  three  thousand  two  hundred twenty-one and four thousand three hundred
    11  three of the insurance law and applicable provisions of federal law. The
    12  information shall be provided to the patient in writing and  in  advance
    13  of obtaining consent to the surgical procedure. The information provided
    14  shall include at least the following:
    15    (a) a description of the various reconstructive options and the advan-
    16  tages  and  disadvantages  of each. Such description shall include going
    17  breastless or flat and having an aesthetic flat closure as such term  is
    18  defined by the National Cancer Institute;
    19    (b)  a  description  of the provisions assuring coverage by public and
    20  private insurance plans of the costs related to  reconstructive  surgery
    21  under federal and state law;
    22    (c)  a  description  of  how a patient may access reconstructive care,
    23  including the potential of transferring care to a facility that provides
    24  reconstructive  care  or  choosing  to   pursue   reconstruction   after

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07183-01-3
        A. 3981                             2

     1  completion   of   breast   cancer  surgery  and  chemo/radiotherapy,  if
     2  warranted;
     3    (d) such other information as may be required by the commissioner.
     4    §  2. This act shall take effect on the first of January next succeed-
     5  ing the date on which it shall have become a law.