§ 2803-O — Hospital care for mastectomy, lumpectomy, and lymph node dissection patients

§ 2803-o. Hospital care for mastectomy, lumpectomy, and lymph node\ndissection patients. 1. When a general hospital provides mastectomy\nsurgery, lymph node dissection or a lumpectomy, inpatient care shall be\noffered for a period as determined by the attending physician in\nconsultation with the patient to be medically appropriate.\n 2. Every general hospital that provides mastectomy surgery, lymph node\ndissection or a lumpectomy shall provide information to the patient\nconcerning the option of reconstructive surgery following such\nprocedures, including both breast and chest wall reconstructive surgery\nand the availability of coverage for reconstructive surgery, in\naccordance with the provisions of sections three thousand two hundred\nsixteen, three thousand two hundred twenty-one and four thousand three\nhundred three of the insurance law and applicable provisions of federal\nlaw. The information shall be provided to the patient in writing and in\nadvance of obtaining consent to the surgical procedure. The information\nprovided shall include at least the following:\n (a) a description of the various reconstructive options and the\nadvantages and disadvantages of each. Such description shall include\naesthetic flat closure as such term is defined by the National Cancer\nInstitute;\n (b) a description of the provisions assuring coverage by public and\nprivate insurance plans of the costs related to reconstructive surgery\nunder federal and state law;\n (c) a description of how a patient may access reconstructive care,\nincluding the potential of transferring care to a facility that provides\nreconstructive care or choosing to pursue reconstruction after\ncompletion of breast cancer surgery and chemo/radiotherapy, if\nwarranted;\n (d) such other information as may be required by the commissioner.\n