Assembly Bill A9091

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9091
 
                           I N  A S S E M B L Y
 
                             January 17, 2020
                                ___________
 
 Introduced  by M. of A. SCHMITT -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to requiring patients
   to undergo counseling prior to prostate cancer surgery
 
   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
 2803-z to read as follows:
   § 2803-Z. HOSPITAL CARE FOR PROSTATE CANCER PATIENTS. 1. WHEN A GENER-
 AL HOSPITAL PROVIDES SURGERY FOR PROSTATE CANCER, INPATIENT  CARE  SHALL
 BE  OFFERED  FOR  A  PERIOD  AS DETERMINED BY THE ATTENDING PHYSICIAN IN
 CONSULTATION WITH THE PATIENT TO BE MEDICALLY APPROPRIATE. FOR  PURPOSES
 OF  THIS  SECTION,  "RECONSTRUCTIVE"  OR "RECONSTRUCTION" SHALL REFER TO
 POST-PROSTATECTOMY RECONSTRUCTION IN  REGARDS  TO  URINARY  LEAKAGE  AND
 ERECTILE DYSFUNCTION.
   2.  EVERY  GENERAL  HOSPITAL  THAT  OFFERS SURGERY FOR PROSTATE CANCER
 SHALL PROVIDE INFORMATION TO THE PATIENT CONCERNING THE OPTION OF RECON-
 STRUCTIVE SURGERY FOLLOWING SUCH PROCEDURES, INCLUDING THE  AVAILABILITY
 OF   COVERAGE   FOR  RECONSTRUCTIVE  SURGERY,  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SECTIONS THREE THOUSAND TWO HUNDRED SIXTEEN,  THREE  THOU-
 SAND TWO HUNDRED TWENTY-ONE AND FOUR THOUSAND THREE HUNDRED THREE OF THE
 INSURANCE  LAW AND APPLICABLE PROVISIONS OF FEDERAL LAW. THE INFORMATION
 SHALL BE PROVIDED TO THE PATIENT IN WRITING AND IN ADVANCE OF  OBTAINING
 CONSENT  TO  THE  SURGICAL  PROCEDURE.  THE  INFORMATION  PROVIDED SHALL
 INCLUDE AT LEAST THE FOLLOWING:
   (A) A DESCRIPTION OF THE VARIOUS RECONSTRUCTIVE OPTIONS AND THE ADVAN-
 TAGES AND DISADVANTAGES OF EACH;
   (B) A DESCRIPTION OF THE PROVISIONS ASSURING COVERAGE  BY  PUBLIC  AND
 PRIVATE  INSURANCE  PLANS OF THE COSTS RELATED TO RECONSTRUCTIVE SURGERY
 UNDER FEDERAL AND STATE LAW;
   (C) A DESCRIPTION OF HOW A PATIENT  MAY  ACCESS  RECONSTRUCTIVE  CARE,
 INCLUDING THE POTENTIAL OF TRANSFERRING CARE TO A FACILITY THAT PROVIDES
 RECONSTRUCTIVE   CARE   OR   CHOOSING  TO  PURSUE  RECONSTRUCTION  AFTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11319-03-0

 A. 9091                             2
 
 COMPLETION  OF  PROSTATE  CANCER  SURGERY  AND  CHEMO/RADIOTHERAPY,   IF
 WARRANTED; AND
   (D) SUCH OTHER INFORMATION AS MAY BE REQUIRED BY THE COMMISSIONER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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 to be made and completed
 on or before such effective date.