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Assembly Bill A3981

2023-2024 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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2023-A3981 (ACTIVE) - Details

See Senate Version of this Bill:
S6866
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:
2021-2022: A8642, S8232
2025-2026: A4591, S1305

2023-A3981 (ACTIVE) - Summary

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

2023-A3981 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3981
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 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  amended  by  chapter  571 of the laws of 2022, 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 both breast and chest wall reconstructive  surgery  and
 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 following:
   (a) a description of the various reconstructive options and the advan-
 tages  and  disadvantages  of each. Such description shall include GOING
 BREASTLESS OR FLAT AND HAVING AN aesthetic flat closure as such term  is
 defined by the National Cancer Institute;
   (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.
                                                            LBD07183-01-3
 A. 3981                             2

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