Actions

Text

STATE OF NEW YORK
________________________________________________________________________

9586--B

IN ASSEMBLY

March 20, 2012
___________

Introduced  by  M.  of  A.  JAFFEE, SWEENEY, GUNTHER, McENENY, ABINANTI,
  LANCMAN, COLTON, JACOBS, MILLMAN, BARRON, N. RIVERA,  MAISEL,  HOOPER,
  ROBERTS,   RUSSELL,   CASTRO,   QUART,   CAHILL,  GALEF,  ENGLEBRIGHT,
  O'DONNELL, SCHIMEL,  SCARBOROUGH,  WEPRIN,  LINARES,  COOK,  ROBINSON,
  CLARK, CYMBROWITZ, LATIMER, LIFTON, LAVINE, BRAUNSTEIN, PRETLOW, MOYA,
  J. RIVERA,  GRAF,  SIMANOWITZ,  STEVENSON,  TITUS,  MAGNARELLI,  MENG,
  GIBSON -- Multi-Sponsored by -- M.  of  A.  ABBATE,  AMEDORE,  ARROYO,
  AUBRY,  BRENNAN,  BURLING,  CALHOUN,  CONTE,  CRESPO,  CROUCH, CURRAN,
  DenDEKKER,  DINOWITZ,  DUPREY,  HAWLEY,  HEVESI,  LOSQUADRO,  LUPARDO,
  MARKEY, MONTESANO, MURRAY, PEOPLES-STOKES, PERRY, RA, RAIA, P. RIVERA,
  SALADINO, SAYWARD, TENNEY, THIELE, TITONE, WEISENBERG -- read once and
  referred  to  the Committee on Insurance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public  health  law,  in  relation  to  supplemental
  screenings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The public health law is amended by adding a  new  section
2404-c to read as follows:
  S  2404-C. BREAST CANCER; DUTY OF PROVIDERS OF MAMMOGRAPHY SERVICES TO
NOTIFY AND INFORM.  EVERY PROVIDER OF MAMMOGRAPHY SERVICES SHALL,  IF  A
PATIENT'S  MAMMOGRAM DEMONSTRATES DENSE BREAST TISSUE, PROVIDE NOTIFICA-
TION TO SUCH PATIENT THAT SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  THE
FOLLOWING  INFORMATION,  IN  ANY SUMMARY OF THE MAMMOGRAPHY REPORT SENT,
PURSUANT TO THE  FEDERAL  MAMMOGRAPHY  QUALITY  STANDARDS  ACT,  TO  THE
PATIENT AND THE PATIENT'S PHYSICIAN:
  YOUR  MAMMOGRAM  SHOWS  THAT YOUR BREAST TISSUE IS DENSE. DENSE BREAST
TISSUE IS VERY COMMON AND IS NOT ABNORMAL. HOWEVER, DENSE BREAST  TISSUE
CAN  MAKE  IT HARDER TO FIND CANCER ON A MAMMOGRAM AND MAY ALSO INCREASE
YOUR BREAST CANCER RISK.
  THIS INFORMATION ABOUT THE RESULT OF YOUR MAMMOGRAM IS GIVEN TO YOU TO
RAISE YOUR AWARENESS. USE THIS INFORMATION TO TALK TO YOUR DOCTOR  ABOUT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15074-04-2
A. 9586--B                          2

YOUR  OWN RISKS FOR BREAST CANCER. AT THAT TIME, ASK YOUR DOCTOR IF MORE
SCREENING TESTS MIGHT BE USEFUL, BASED ON YOUR RISK. A  REPORT  OF  YOUR
RESULTS WAS SENT TO YOUR PHYSICIAN.
  FOR THE PURPOSES OF THIS SECTION DENSE BREAST TISSUE SHALL MEAN HETER-
OGENEOUSLY  DENSE  OR EXTREMELY DENSE TISSUE AS FURTHER DEFINED IN REGU-
LATIONS ADOPTED BY THE COMMISSIONER. SUCH DEFINITION SHALL BE  BASED  ON
NATIONALLY RECOGNIZED GUIDELINES OR SYSTEMS FOR BREAST IMAGING REPORTING
OF  MAMMOGRAPHY  SCREENING,  INCLUDING,  BUT  NOT LIMITED TO, THE BREAST
IMAGING REPORTING AND DATA SYSTEM OF THE AMERICAN COLLEGE OF  RADIOLOGY.
THE  COMMISSIONER  SHALL  UPDATE  SUCH REGULATIONS AS SUCH GUIDELINES OR
SYSTEMS ARE UPDATED.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately the  commissioner  of
health  may  promulgate  any rule or regulation necessary for the timely
implementation of this act on its effective date.