2020 New York Laws
PBH - Public Health
Article 28 - Hospitals
2803-O - Hospital Care for Mastectomy, Lumpectomy, and Lymph Node Dissection Patients.

§  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  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;

(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 warranted;

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

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