senate Bill S6769B

Signed by Governor

Relates to the duties of providers of mammography services to notify and inform patients if a mammogram demonstrates dense breast tissue

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 20 / Mar / 2012
    • REFERRED TO INSURANCE
  • 11 / May / 2012
    • AMEND AND RECOMMIT TO INSURANCE
  • 11 / May / 2012
    • PRINT NUMBER 6769A
  • 14 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO INSURANCE
  • 14 / Jun / 2012
    • PRINT NUMBER 6769B
  • 19 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1308
  • 19 / Jun / 2012
    • PASSED SENATE
  • 19 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2012
    • REFERRED TO CODES
  • 19 / Jun / 2012
    • SUBSTITUTED FOR A9586D
  • 19 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.389
  • 19 / Jun / 2012
    • PASSED ASSEMBLY
  • 19 / Jun / 2012
    • RETURNED TO SENATE
  • 20 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 23 / Jul / 2012
    • SIGNED CHAP.265

Summary

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

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Bill Details

See Assembly Version of this Bill:
A9586D
Versions:
S6769
S6769A
S6769B
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Add ยง2404-c, Pub Health L

Sponsor Memo

BILL NUMBER:S6769B REVISED 06/15/12

TITLE OF BILL:
An act
to amend the public health law, in relation to
supplemental screenings

PURPOSE:
This bill requires specific written notification to the patient of a
finding of dense breast tissue on a mammogram, an explanation of what
that means and a recommendation to consult with the patient's
physician about additional screening.

SUMMARY OF PROVISIONS:
Section one amends the public health law by adding a new section
2404-c which requires mammography providers to include the following
notification in the summary of the mammography report provided to
patients who have dense tissue as defined in the bill:

Your mammogram shows that your breast tissue is dense. Dense breast
tissue is very common and is not abnormal. However, dense breast
tissue can 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.

Dense breast tissue shall mean heterogeneously 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 (BIRADS) of
the American College of Radiology, and any equivalent new terms, as
such guidelines or systems are updated.

Section two sets forth the effective date as the one hundred eightieth
day after it shall have become a law.

EXISTING LAW:
There are no requirements in law for patients to be alerted to breast
density.

JUSTIFICATION:
One woman is diagnosed with breast cancer every three minutes, and one
woman dies of breast cancer every 13 minutes in the United States.
Cancer is four to six times more likely in women with dense breast
tissue and 40% of women have dense tissue. According to a 2010 study
published in the Annals of Surgical Oncology, 71% of all breast
cancers occur in women with dense breast tissue. Mammograms fail to

detect about
half the tumors present in dense breast tissue as dense tissue
obscures the presence of the tumors. Follow-up studies after a
similar dense breast tissue law passed in Connecticut in 2009 show
that for women with dense tissue, the addition of a screening
ultrasound nearly doubles the number of cancers found by mammography
alone. In New York State, that number extrapolates to at least 2000
cancers a year in women who are told their mammogram results are
"normal/negative," but who, in actuality, have invasive breast
cancer. Missed cancers, growing undetected until at a later stage,
are less treatable, least survivable and most expensive to treat.

Over 20 years ago, elected officials and medical experts reached a
consensus that early breast cancer detection saved lives and states
began requiring insurance coverage for mammograms. In order to
ensure that patients received information about relevant mammographic
findings, a federal law was enacted requiring a mammography report be
issued to patients to help them partner with their physician in their
health care vigilance.

A woman's breast density is determined through the mammography exam.
Breast density not only dramatically compromises the effectiveness of
a mammogram, but is, in and of itself, a risk factor for developing
breast cancer. Women with dense breasts have a greater risk of
developing breast cancer than those who have a first degree relative
who have had the disease. Unfortunately, there is currently no
protocol for density information to be shared with patients. The
mammography reports to patients citing a "normal" finding - when the
radiologist does not know, with any reasonable certainty what is
lurking behind dense tissue - give women a false sense of security.

Now, twenty years later, states are recognizing that, for a
significant percentage of women, the mammography notification
requirements are not sufficient. The report a woman receives after
her mammogram is required to be a summary, in lay language, of her
mammographic findings. Information about breast density is a
material medical finding which must be shared with patients. This
legislation will give women with dense tissue the information to talk
to their physician about getting adequate baseline and follow-up
screening. Without it, women with dense tissue may be effectively
denied equal access to early cancer detection without even knowing it.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill takes effect on the one hundred eightieth day after it shall
have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6769--B

                            I N  S E N A T E

                             March 20, 2012
                               ___________

Introduced  by  Sens.  FLANAGAN, ALESI, BALL, GOLDEN, GRISANTI, HUNTLEY,
  JOHNSON, LAVALLE, OPPENHEIMER,  PARKER,  PERKINS,  RITCHIE,  STAVISKY,
  STEWART-COUSINS -- read twice and ordered printed, and when printed to
  be  committed  to  the Committee on Insurance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- committee discharged, bill amended, 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:

  Section 1. The public health law is amended by adding  a  new  section
2404-c to read as follows:
  S  2404-C. BREAST CANCER; DUTY OF PROVIDERS OF MAMMOGRAPHY SERVICES TO
NOTIFY AND INFORM.  EVERY PROVIDER OF MAMMOGRAPHY SERVICES SHALL,  IF  A
PATIENT'S  MAMMOGRAM DEMONSTRATES DENSE BREAST TISSUE, PROVIDE NOTIFICA-
TION TO SUCH PATIENT THAT SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  THE
FOLLOWING  INFORMATION,  IN  ANY SUMMARY OF THE MAMMOGRAPHY REPORT SENT,
PURSUANT TO THE  FEDERAL  MAMMOGRAPHY  QUALITY  STANDARDS  ACT,  TO  THE
PATIENT:
  YOUR  MAMMOGRAM  SHOWS  THAT YOUR BREAST TISSUE IS DENSE. DENSE BREAST
TISSUE IS VERY COMMON AND IS NOT ABNORMAL. HOWEVER, DENSE BREAST  TISSUE
CAN MAKE IT HARDER TO FIND CANCER ON A MAMMOGRAM AND MAY ALSO BE ASSOCI-
ATED 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.
  FOR THE PURPOSES OF THIS SECTION DENSE BREAST TISSUE SHALL MEAN HETER-
OGENEOUSLY DENSE OR EXTREMELY DENSE  TISSUE  AS  DEFINED  IN  NATIONALLY
RECOGNIZED GUIDELINES OR SYSTEMS FOR BREAST IMAGING REPORTING OF MAMMOG-
RAPHY  SCREENING,  INCLUDING,  BUT  NOT  LIMITED  TO, THE BREAST IMAGING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15074-11-2

S. 6769--B                          2

REPORTING AND DATA SYSTEM OF THE AMERICAN COLLEGE OF RADIOLOGY, AND  ANY
EQUIVALENT NEW TERMS, AS SUCH GUIDELINES OR SYSTEMS ARE UPDATED.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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