S T A T E O F N E W Y O R K
________________________________________________________________________
8232
I N S E N A T E
February 7, 2022
___________
Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
printed to be committed to the Committee on Women's Issues
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
[ ] is old law to be omitted.
LBD14118-01-1