N.Y. Public Health Law § 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 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

Institute;

(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.