S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8814
 
                           I N  A S S E M B L Y
 
                             January 12, 2022
                                ___________
 
 Introduced  by  M.  of A. PAULIN, GOTTFRIED -- read once and referred to
   the Committee on Insurance
 
 AN ACT to amend the public health law, in relation to allowing a  notice
   of  dense  breast  tissue  to be considered a determination of medical
   necessity for coverage of a breast ultrasound
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2404-c of the public health law, as added by chap-
 ter 265 of the laws of 2012, is amended to read as follows:
   § 2404-c. Breast cancer; duty of providers of mammography services  to
 notify and inform. 1. 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:
   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 be associ-
 ated with an increased risk of breast cancer.
   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
 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  defined  in  nationally
 recognized guidelines or systems for breast imaging reporting of mammog-
 raphy  screening,  including,  but  not  limited  to, the breast imaging
 reporting and data system of the American College of Radiology, and  any
 equivalent new terms, as such guidelines or systems are updated.
   2.  WHERE  A PROVIDER OF MAMMOGRAPHY SERVICES HAS PROVIDED NOTICE TO A
 PATIENT UNDER SUBDIVISION ONE OF  THIS  SECTION,  THE  NOTICE  SHALL  BE
 CONSIDERED A DETERMINATION OF MEDICAL NECESSITY FOR PURPOSES OF COVERAGE
 OF A BREAST ULTRASOUND AS RECOMMENDED BY THE PROVIDER.
   § 2.  This act shall take effect immediately.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13824-02-1