Montoucet HB No. 186
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
HEALTH/CANCER. Provides for notification to patients concerning supplemental
breast cancer screening and access by patients to mammography and ultrasound
reports
DIGEST
Present law relative to access to mammograms provides that any person who may legally
perform a mammography in this state may perform a screening mammography without the
direction to do so by prescription of a licensed practitioner. Provides for notification to
patients of results of screening mammograms.
Proposed law retains present law, and adds thereto a requirement that, in addition to any
letters or reports to patients pursuant to screening mammograms as may be required by
federal law, the following notice be transmitted to all patients pursuant to such procedures,
regardless of whether the procedure was directed by prescription or performed pursuant to
self-referral:
"If your mammogram demonstrates that you have dense breast tissue, which
could hide abnormalities, and you have other risk factors for breast cancer that have
been identified, you might benefit from supplemental screening tests that may be
suggested by your ordering physician.
Dense breast tissue, in and of itself, is a relatively common condition.
Therefore, this information is not provided to cause undue concern, but rather to raise
your awareness and to promote discussion with your physician regarding the presence
of other risk factors, in addition to dense breast tissue.
A summary of your mammography results will be sent to you, and a full
mammography report will be sent to your physician and also to you, if you indicated
to the mammography provider that you requested the full report. You should contact
your physician if you have any questions or concerns regarding your summary or
report of results."
Proposed law provides that the notification concerning supplemental screening required by
proposed law may be transmitted by either regular mail or certified mail via the U.S. Postal
Service, or by any other commercial mail delivery service.
Proposed law provides that compliance with proposed law and present law does not create
a cause of action or create a standard of care, obligation, or duty that provides a basis for a
cause of action.
Proposed law requires each mammography facility and every healthcare facility that performs
breast ultrasound examinations to transmit to each patient the following:
(1)A copy of the patient's mammography report issued by the facility to the patient's
referring physician.
(2)A copy of the patient's full narrative radiology report of ultrasound findings.
Proposed law provides each healthcare facility subject to the requirements of the proposed
law shall transmit the mammography and ultrasound reports specified in the proposed law
to patients within the time frame prescribed in 21 CFR 900.12(c) for communication of
mammography results to healthcare providers.
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Prepared by Christopher D. Adams. Proposed law provides a healthcare facility subject to the requirements of the proposed law
may transmit mammography and ultrasound reports to patients in any manner that comports
with the provisions of 42 CFR Part 164 relative to security and privacy of health information
Proposed law provides that in addition for mammography and ultrasound reports to patients
in accordance with proposed law, healthcare facilities may provide such reports electronically
through electronic patient portals that meet applicable federal standards.
Proposed law provides a legislative declaration indicating that early detection of breast
cancer saves lives, and that facilitating early detection of all forms of cancer is a public health
priority of this state.
Proposed law shall be known as the "Monica Landry Helo Early Detection Act".
Effective Jan. 1, 2016.
(Amends R.S. 40:1300.182 and 1300.183; Adds R.S. 40:1300.182.1 and 1300.182.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Specify that the notification concerning supplemental screening required by
proposed law shall be transmitted to patients pursuant to any screening
mammogram or breast ultrasound examination, regardless of whether the
procedure was directed by prescription or performed pursuant to self-referral by
a patient.
2. Provide that the notification concerning supplemental screening required by
proposed law may be transmitted by either regular mail or certified mail via the
U.S. Postal Service, or by any other commercial mail delivery service.
3. Delete proposed law providing that the information concerning supplemental
screening required by proposed law or evidence that a person violated the
provisions of proposed law is not admissible in a civil, judicial, or administrative
proceeding.
4. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Delete proposed law authorizing breast ultrasound examinations as procedures
which may be performed without direction to do so by prescription of a licensed
practitioner.
2. Delete the requirement that the notification concerning supplemental screening
provided for in proposed law be transmitted to patients pursuant to breast
ultrasound examinations.
3. Add the following language to the notification concerning supplemental
screening provided for in proposed law:
"A summary of your mammography results will be sent to you, and a full
mammography report will be sent to your physician and also to you, if you
indicated to the mammography provider that you requested the full report. You
should contact your physician if you have any questions or concerns regarding
your summary or report of results."
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Prepared by Christopher D. Adams. 4. Add a requirement that each mammography facility and every healthcare facility
that performs breast ultrasound examinations establish and provide to each
patient a form on which the patient may easily elect to receive either of the
following:
(a) A copy of the patient's mammography report issued by the facility to
the patient's referring physician.
(b) A copy of the patient's full narrative radiology report of ultrasound
findings.
5. Provide that the mammography and ultrasound reports which patients may elect
to receive pursuant to proposed law may be transmitted by either regular mail or
certified mail via the U.S. Postal Service, or by any other commercial mail
delivery service.
6. Provide that in addition to facilitating provision of mammography and ultrasound
reports to patients in accordance with proposed law, healthcare facilities may
provide such reports electronically through electronic patient portals that meet
applicable federal standards.
7. Make technical changes.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
reengrossed bill
1. Requires healthcare facilities to transmit mammography and ultrasound reports
to patients instead of offering the option of receiving such reports by the patient.
2. Changes the provision as to the transmittal of mammography and ultrasounds
reports by the healthcare facility to the patient and requires the healthcare facility
transmit such reports in the time frame and in a manner required by federal law
and rules.
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Prepared by Christopher D. Adams.