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Assembly Bill A8642

2021-2022 Legislative Session

Relates to hospital care for mastectomy, lumpectomy, and lymph node dissection patients

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Women's Issues Committee

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2021-A8642 (ACTIVE) - Details

See Senate Version of this Bill:
S8232
Current Committee:
Senate Women's Issues
Law Section:
Public Health Law
Laws Affected:
Amd §2803-o, Pub Health L
Versions Introduced in Other Legislative Sessions:
2023-2024: A3981, S6866
2025-2026: A4591, S1305

2021-A8642 (ACTIVE) - Summary

Requires mastectomy surgery, lymph node dissection or lumpectomy counseling include information on going breastless or flat.

2021-A8642 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8642
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to hospital care  for
   mastectomy, lumpectomy, and lymph node dissection patients
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 2803-o of the public  health  law,
 as  added  by  chapter  354  of  the laws of 2010, is amended to read as
 follows:
   2. Every general hospital that provides mastectomy surgery, lymph node
 dissection or a lumpectomy shall  provide  information  to  the  patient
 concerning  the  option  of reconstructive surgery following such proce-
 dures,  including  the  availability  of  coverage  for   reconstructive
 surgery,  in  accordance  with the provisions of sections three thousand
 two hundred sixteen, three thousand  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  follow-
 ing:
   (a) a description of the various reconstructive options and the advan-
 tages  and disadvantages of each, INCLUDING GOING BREASTLESS OR FLAT AND
 HAVING AN AESTHETIC FLAT CLOSURE, WHICH IS  THE  RECONSTRUCTION  OF  THE
 CHEST WALL CONTOUR WITH NO EXCESS TISSUE;
   (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
 completion   of   breast   cancer  surgery  and  chemo/radiotherapy,  if
 warranted;
   (d) such other information as may be required by the commissioner.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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