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A BILL TO BE ENTITLED
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AN ACT
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relating to informing a patient concerning reconstructive breast |
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surgery before performing certain surgical procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 311, Health and Safety |
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Code, is amended by adding Section 311.004 to read as follows: |
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Sec. 311.004. NOTICE FOR PATIENTS UNDERGOING CERTAIN BREAST |
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SURGERY. (a) A hospital licensed under Chapter 241 that provides |
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mastectomy surgery, lymph node dissection, or lumpectomy shall |
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inform the patient concerning the option of reconstructive surgery |
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following those procedures, including the availability of coverage |
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for reconstructive surgery. |
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(b) The hospital shall provide the information required by |
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Subsection (a): |
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(1) in writing; and |
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(2) before obtaining consent to the surgical |
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procedure. |
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(c) The information required by Subsection (a) must |
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include: |
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(1) a description of each reconstructive option for a |
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patient and the advantages and disadvantages of each option; |
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(2) a description of the provisions assuring coverage |
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by public and private insurance plans of the costs related to |
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reconstructive surgery under federal and state law; |
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(3) a description of how a patient may access |
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reconstructive care, including: |
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(A) the possibility of transferring care to a |
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facility that provides reconstructive care; or |
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(B) choosing to pursue reconstruction after |
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completion of breast cancer surgery and further cancer treatments, |
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such as chemotherapy and radiation; and |
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(4) any other information required by the commissioner |
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of state health services. |
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(d) The executive commissioner of the Health and Human |
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Services Commission, on behalf of the Department of State Health |
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Services, shall adopt rules prescribing the form and contents of |
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the information required under this section. |
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SECTION 2. This Act takes effect January 1, 2012. |