Bill Text: NY S02917 | 2023-2024 | General Assembly | Amended

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Bill Title: Allows a notice of dense breast tissue to be considered a determination of medical necessity for purposes of coverage of breast ultrasounds as recommended by a provider of mammography services.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced) 2024-05-06 - REPORTED AND COMMITTED TO FINANCE [S02917 Detail]

Download: New_York-2023-S02917-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2917--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 25, 2023
                                       ___________

        Introduced  by  Sens.  CLEARE,  ASHBY, COMRIE, FERNANDEZ, HOYLMAN-SIGAL,
          PALUMBO -- read twice and ordered printed,  and  when  printed  to  be
          committed  to  the Committee on Health -- recommitted to the Committee
          on Health in accordance with Senate Rule 6, sec. 8 -- reported favora-
          bly from said committee and committed to the Committee on Insurance --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT to amend the public health law, in relation to allowing a notice
          of dense breast tissue to be considered  a  determination  of  medical
          necessity for coverage of a breast ultrasound

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

     1    Section 1. Section 2404-c of the public health law, as added by  chap-
     2  ter 265 of the laws of 2012, is amended to read as follows:
     3    §  2404-c. Breast cancer; duty of providers of mammography services to
     4  notify and inform. 1. 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:
    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 be associ-
    13  ated with an increased risk of breast cancer.
    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
    16  your  own risks for breast cancer. At that time, ask your doctor if more
    17  screening tests might be useful, based on your risk. A  report  of  your
    18  results was sent to your physician.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05349-03-4
        S. 2917--A                          2

     1    For the purposes of this section dense breast tissue shall mean heter-
     2  ogeneously  dense  or  extremely  dense  tissue as defined in nationally
     3  recognized guidelines or systems for breast imaging reporting of mammog-
     4  raphy screening, including, but  not  limited  to,  the  breast  imaging
     5  reporting  and data system of the American College of Radiology, and any
     6  equivalent new terms, as such guidelines or systems are updated.
     7    2. Where a provider of mammography services has provided notice  to  a
     8  patient  under  subdivision  one  of  this  section, the notice shall be
     9  considered a determination of medical necessity for purposes of coverage
    10  of a breast ultrasound.
    11    § 2.  This act shall take effect immediately.