Senate Bill S629A

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

                                   629

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to lymphedema

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2400 of the public health law is amended to read as
follows:
  S 2400. Cancer; powers and duties of commissioner.   The  commissioner
shall  conduct investigations of the cause, mortality, methods of treat-
ment, prevention and cure of cancer, and allied diseases, including, BUT
NOT LIMITED TO, LYMPHEDEMA RELATED TO THE TREATMENT OF CANCER,  AS  WELL
AS  the  nature  and  extent  of the facilities available in the several
counties and cities of the state, for the  diagnosis  and  treatment  of
these  diseases,  and  shall  cooperate  with  local health authorities,
physicians, hospitals, clinics and voluntary associations, in the devel-
opment of suitable facilities for the diagnosis, treatment  and  control
of cancer.
  S  2.  Subdivisions  1 and 3 of section 2401 of the public health law,
subdivision 1 as amended by chapter 638 of the laws of 2008, subdivision
3 as amended by chapter 642 of the laws of 1997, are amended to read  as
follows:
  1.  Every physician, dentist and other health care provider shall give
notice immediately but not later than one hundred eighty days  of  every
case  of  cancer  [or], other malignant disease OR LYMPHEDEMA RELATED TO
THE TREATMENT OF CANCER, coming under his or her care,  to  the  depart-
ment,  except  as  otherwise  provided.  The  department  shall  make  a
concerted effort to collect the following information for each  reported
case of cancer. The information reported to the department shall include
but  not be limited to genetic history, occupational history, age, resi-
dence history, and other relevant information as the commissioner  shall
determine  but  at a minimum shall collect and aggregate all information

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00913-01-9
              

S. 629                              2

and data being collected by  the  department  for  other  purposes.  The
department,  in  consultation  with  the  health research science board,
shall develop procedures to assure correct counting  of  such  cases  of
cancer or other malignant disease, to eliminate possible multiple count-
ing  as  might  occur  if all physicians, dentists and other health care
providers engaged in an individual patient's diagnosis are  required  to
report.
  3. The person in charge of every cancer reporting facility shall imme-
diately  but not later than one hundred eighty days give notice of every
case of cancer [or], malignant disease, OR  LYMPHEDEMA  RELATED  TO  THE
TREATMENT  OF  CANCER,  coming  under the care of the institution to the
department.
  S 3. Section 2404 of the public health law is amended by adding a  new
subdivision 1-b to read as follows:
  1-B.  TO  AID A PERSON IN DECIDING A COURSE OF TREATMENT, THE INFORMA-
TIONAL SUMMARY SHALL ALSO INCLUDE INFORMATION ON POST  TREATMENT  RISKS,
POTENTIAL  SIDE-EFFECTS, AND OTHER PERTINENT INFORMATION ASSOCIATED WITH
EACH TREATMENT OPTION, INCLUDING, BUT NOT  LIMITED  TO,  INFORMATION  ON
POST-TREATMENT  CONDITIONS  SUCH  AS LYMPHEDEMA AND ITS ASSOCIATED SYMP-
TOMS, COMPLICATIONS AND CURRENT AS WELL AS NEW AND EMERGING AND ALTERNA-
TIVE TREATMENT OPTIONS FOR LYMPHEDEMA.
  S 4. Paragraph (c) of subdivision 1 of section 2404-a  of  the  public
health  law,  as added by chapter 141 of the laws of 1997, is amended to
read as follows:
  (c) the alternative medically  viable  methods  of  treating  prostate
cancer, including but not limited to hormonal, radiological, chemothera-
peutic  or  surgical  treatments,  or  combinations thereof. The summary
shall contain information on prostate  post-treatment  risks,  INCLUDING
BUT NOT LIMITED TO, INFORMATION ON CONDITIONS SUCH AS LYMPHEDEMA AND ITS
ASSOCIATED SYMPTOMS, COMPLICATIONS AND CURRENT AS WELL AS NEW AND EMERG-
ING  AND  ALTERNATIVE TREATMENT OPTIONS FOR LYMPHEDEMA, and other perti-
nent information to aid a person in deciding a course of treatment.  The
summary shall be updated as is necessary.
  S  5.  Subdivision  1  of  section  2581  of the public health law, as
amended by chapter 654 of the laws  of  1986,  is  amended  to  read  as
follows:
  1. "Children with physical disabilities" means any persons under twen-
ty-one  years of age who are disabled by reason of a defect or disabili-
ty, whether congenital or acquired by accident, injury, or  disease,  or
who  are suffering from long-term disease, including, but without limit-
ing the generality  of  the  foregoing,  chronic  granulomatous,  cystic
fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumat-
ic fever and rheumatic heart disease, blood dyscrasies, cancer, LYMPHAT-
IC  DISEASES,  INCLUDING, BUT NOT LIMITED TO: INSUFFICIENCY OF LYMPHATIC
CIRCULATORY FUNCTION (TO INCLUDE ALL FORMS OF LYMPHEDEMA,  BOTH  PRIMARY
AND  SECONDARY);  LIPEDEMA;  COMPLEX  VASCULAR DISEASES OF THE LYMPHATIC
VASCULATURE,  INCLUDING  LYMPHANGIOMATOSIS,   LYMPHANGIOLEIO-MYOMATOSIS,
LYMPHANGIECTASIAS,  LYMPHANGIOMAS,  CYSTIC  HYGROMAS,  GORHAM'S DISEASE,
LYMPHANGIOSARCOMA,  AND  COMPLEX  VASCULAR/LYMPHATIC  MALFORMATIONS  AND
SYNDROMES,  brain  injured,  and  chronic asthma, or from any disease or
condition likely to result in a disability in the absence of  treatment,
provided,  however,  no  child  shall be deprived of a service under the
provisions of this chapter solely because of the degree of mental retar-
dation.

S. 629                              3

  S 6. Paragraph (c) of subdivision 1  of  section  207  of  the  public
health law, as amended by chapter 471 of the laws of 2007, is amended to
read as follows:
  (c)  Lymphedema  AND  LYMPHATIC  DISEASE,  an abnormal swelling of the
extremities including the causes [and], symptoms AND NATURE  of  PRIMARY
AND  SECONDARY lymphedema AND LYMPHATIC DISEASE, PREVENTION, EARLY DIAG-
NOSIS, CURRENT AND NEW AND EMERGING OPTIONS FOR TREATMENT  AND  THERAPY,
RESEARCH,  MEDICAL INSURANCE, LONG-TERM CHRONIC CARE ISSUES, AND CONTACT
AND VOLUNTARY ENROLLMENT INFORMATION FOR THE NATIONAL  PATIENT  REGISTRY
TISSUE/CELL  BANK  FOR LYMPHATIC DISEASES, the value of early detection,
possible options for treatment including their benefits and  risks,  and
other  relevant information and the recommendation that hospitals treat-
ing breast cancer patients implement a lymphedema alert program by plac-
ing a bright pink wristband on the patient's affected arm.
  S 7. This act shall take effect immediately,  provided  that  sections
one  through  five  of  this act shall take effect on the first of April
next succeeding the date on which they shall become  law;  and  provided
further  that  effective  immediately,  the  addition,  amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this  act  on  its effective date are authorized and directed to be made
and completed on or before such effective date.