Bill Text: NY A09586 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to duties of providers of mammography services to notify and inform patients if a mammogram demonstrates dense breast tissue.

Spectrum: Moderate Partisan Bill (Democrat 69-19)

Status: (Introduced - Dead) 2012-06-19 - substituted by s6769b [A09586 Detail]

Download: New_York-2011-A09586-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9586--B
                                 I N  A S S E M B L Y
                                    March 20, 2012
                                      ___________
       Introduced  by  M.  of  A.  JAFFEE, SWEENEY, GUNTHER, McENENY, ABINANTI,
         LANCMAN, COLTON, JACOBS, MILLMAN, BARRON, N. RIVERA,  MAISEL,  HOOPER,
         ROBERTS,   RUSSELL,   CASTRO,   QUART,   CAHILL,  GALEF,  ENGLEBRIGHT,
         O'DONNELL, SCHIMEL,  SCARBOROUGH,  WEPRIN,  LINARES,  COOK,  ROBINSON,
         CLARK, CYMBROWITZ, LATIMER, LIFTON, LAVINE, BRAUNSTEIN, PRETLOW, MOYA,
         J. RIVERA,  GRAF,  SIMANOWITZ,  STEVENSON,  TITUS,  MAGNARELLI,  MENG,
         GIBSON -- Multi-Sponsored by -- M.  of  A.  ABBATE,  AMEDORE,  ARROYO,
         AUBRY,  BRENNAN,  BURLING,  CALHOUN,  CONTE,  CRESPO,  CROUCH, CURRAN,
         DenDEKKER,  DINOWITZ,  DUPREY,  HAWLEY,  HEVESI,  LOSQUADRO,  LUPARDO,
         MARKEY, MONTESANO, MURRAY, PEOPLES-STOKES, PERRY, RA, RAIA, P. RIVERA,
         SALADINO, SAYWARD, TENNEY, THIELE, TITONE, WEISENBERG -- read once and
         referred  to  the Committee on Insurance -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee  --  again  reported  from said committee with amendments, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the public  health  law,  in  relation  to  supplemental
         screenings
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The public health law is amended by adding a  new  section
    2  2404-c to read as follows:
    3    S  2404-C. BREAST CANCER; DUTY OF PROVIDERS OF MAMMOGRAPHY SERVICES TO
    4  NOTIFY AND INFORM.  EVERY PROVIDER OF MAMMOGRAPHY SERVICES SHALL,  IF  A
    5  PATIENT'S  MAMMOGRAM DEMONSTRATES DENSE BREAST TISSUE, PROVIDE NOTIFICA-
    6  TION TO SUCH PATIENT THAT SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  THE
    7  FOLLOWING  INFORMATION,  IN  ANY SUMMARY OF THE MAMMOGRAPHY REPORT SENT,
    8  PURSUANT TO THE  FEDERAL  MAMMOGRAPHY  QUALITY  STANDARDS  ACT,  TO  THE
    9  PATIENT AND THE PATIENT'S PHYSICIAN:
   10    YOUR  MAMMOGRAM  SHOWS  THAT YOUR BREAST TISSUE IS DENSE. DENSE BREAST
   11  TISSUE IS VERY COMMON AND IS NOT ABNORMAL. HOWEVER, DENSE BREAST  TISSUE
   12  CAN  MAKE  IT HARDER TO FIND CANCER ON A MAMMOGRAM AND MAY ALSO INCREASE
   13  YOUR BREAST CANCER RISK.
   14    THIS INFORMATION ABOUT THE RESULT OF YOUR MAMMOGRAM IS GIVEN TO YOU TO
   15  RAISE YOUR AWARENESS. USE THIS INFORMATION TO TALK TO YOUR DOCTOR  ABOUT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15074-04-2
       A. 9586--B                          2
    1  YOUR  OWN RISKS FOR BREAST CANCER. AT THAT TIME, ASK YOUR DOCTOR IF MORE
    2  SCREENING TESTS MIGHT BE USEFUL, BASED ON YOUR RISK. A  REPORT  OF  YOUR
    3  RESULTS WAS SENT TO YOUR PHYSICIAN.
    4    FOR THE PURPOSES OF THIS SECTION DENSE BREAST TISSUE SHALL MEAN HETER-
    5  OGENEOUSLY  DENSE  OR EXTREMELY DENSE TISSUE AS FURTHER DEFINED IN REGU-
    6  LATIONS ADOPTED BY THE COMMISSIONER. SUCH DEFINITION SHALL BE  BASED  ON
    7  NATIONALLY RECOGNIZED GUIDELINES OR SYSTEMS FOR BREAST IMAGING REPORTING
    8  OF  MAMMOGRAPHY  SCREENING,  INCLUDING,  BUT  NOT LIMITED TO, THE BREAST
    9  IMAGING REPORTING AND DATA SYSTEM OF THE AMERICAN COLLEGE OF  RADIOLOGY.
   10  THE  COMMISSIONER  SHALL  UPDATE  SUCH REGULATIONS AS SUCH GUIDELINES OR
   11  SYSTEMS ARE UPDATED.
   12    S 2. This act shall take effect on the one hundred eightieth day after
   13  it shall have become a law.  Effective immediately the  commissioner  of
   14  health  may  promulgate  any rule or regulation necessary for the timely
   15  implementation of this act on its effective date.