S T A T E O F N E W Y O R K
________________________________________________________________________
4591--A
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Health -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
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] OPTIONS FOR BREAST
RECONSTRUCTION following such procedures, 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 SURGICAL reconstructive options and
the advantages and disadvantages of each[. Such description shall
include] ;
(B) A DESCRIPTION OF THE VARIOUS NON-SURGICAL RECONSTRUCTIVE OPTIONS
INCLUDING HAVING AN aesthetic flat closure as such term is defined by
the National Cancer Institute, OR USING A BREAST FORM;
[(b)] (C) 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04000-03-5
A. 4591--A 2
[(c)] (D) 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; AND
[(d)] (E) such other information as may be required by the commission-
er.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.