STATE OF NEW YORK
        ________________________________________________________________________

                                         4591--A

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2025
                                       ___________

        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Health -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee

        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] options for breast
     7  reconstruction following such  procedures,  including  both  breast  and
     8  chest  wall  reconstructive surgery and the availability of coverage for
     9  reconstructive surgery, in accordance with the  provisions  of  sections
    10  three  thousand  two hundred sixteen, three thousand two hundred twenty-
    11  one and four thousand three hundred  three  of  the  insurance  law  and
    12  applicable  provisions of federal law. The information shall be provided
    13  to the patient in writing and in advance of  obtaining  consent  to  the
    14  surgical  procedure. The information provided shall include at least the
    15  following:
    16    (a) a description of the various surgical reconstructive  options  and
    17  the  advantages  and  disadvantages  of  each[.  Such  description shall
    18  include] ;
    19    (b) a description of the various non-surgical  reconstructive  options
    20  including  having  an  aesthetic flat closure as such term is defined by
    21  the National Cancer Institute, or using a breast form;
    22    [(b)] (c) a description of the provisions assuring coverage by  public
    23  and  private  insurance  plans  of  the  costs related to reconstructive
    24  surgery under federal and state law;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04000-03-5
        A. 4591--A                          2

     1    [(c)] (d) a description of how a  patient  may  access  reconstructive
     2  care,  including  the  potential of transferring care to a facility that
     3  provides reconstructive care or choosing to pursue reconstruction  after
     4  completion   of   breast   cancer  surgery  and  chemo/radiotherapy,  if
     5  warranted; and
     6    [(d)] (e) such other information as may be required by the commission-
     7  er.
     8    §  2. This act shall take effect on the first of January next succeed-
     9  ing the date on which it shall have become a law.