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This entry was published on 2023-01-13
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Hospital care for mastectomy, lumpectomy, and lymph node dissection patients
Public Health (PBH) CHAPTER 45, ARTICLE 28
§ 2803-o. Hospital care for mastectomy, lumpectomy, and lymph node
dissection patients. 1. When a general hospital provides mastectomy
surgery, lymph node dissection or a lumpectomy, inpatient care shall be
offered for a period as determined by the attending physician in
consultation with the patient to be medically appropriate.

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
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 reconstructive options and the
advantages and disadvantages of each. Such description shall include
aesthetic flat closure as such term is defined by the National Cancer

(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

(d) such other information as may be required by the commissioner.