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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3934 By: Provenzano
AS INTRODUCED
An Act relating to public health; amending 36 O.S.
2021, Section 6060, as amended by Section 1, Chapter
294, O.S.L. 2022 (36 O.S. Supp. 2023, Section 6060),
which relates to coverage for low -dose mammography
screening; adding a definition; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 36 O.S. 2021, Section 6060, as
amended by Section 1, Chapter 294, O.S.L. 2022 (36 O.S. Supp. 2023,
Section 6060), is amended to read as follows :
Section 36-6060. A. For the purposes of this section :
1. "Breast magnetic resonance imagi ng" means a diagnostic tool
used to produce detailed pictures of the structure of the breast;
2. "Breast tomosynthesis" means a radiologic mammography
procedure involving the acquisition of projection images over a
stationary breast to produce cross-sectional digital three-
dimensional images of the breast from which breast cancer screen ing
diagnoses may be made;
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2. 3. "Breast ultrasound" means a noninvasive, diagnostic
imaging technique that uses high-frequency sound waves to pro duce
detailed images of the breast;
3. 4. "Diagnostic examination for breast cancer" means a
medically necessary and clinically appropriate examination, as
defined by current guidelines and as determined by a clinician who
is evaluating the individual for breast cancer, to evaluate the
abnormality in the breast that is:
a. seen or suspected from a screening examination for
breast cancer,
b. detected by another means of examination, or
c. suspected based on the medical history o r family
medical history of the indi vidual.
This examination may include, but is not limited to, a
diagnostic mammogram, breast magnetic resonance imaging, or a breast
ultrasound;
4. 5. "Diagnostic mammography" means a diagnostic tool that:
a. uses X-ray, and
b. is designed to evaluate abnormality in a breast;
5. 6. "Health benefit plan" means any plan or arrangement as
defined in subsection C of Section 6060.4 of this title;
6. 7. "Low-dose mammography" means:
a. the X-ray examination of the breast using equ ipment
specifically dedicated for suc h purpose, with an
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average radiation exposure deliver y of less than one
rad mid-breast and with two views for each breast,
b. digital mammography, or
c. breast tomosynthesis;
7. "Breast tomosynthesis" means a radiologic mammography
procedure involving the acquisition of projection images over a
stationary breast to produce cross-sectional digital three-
dimensional images of the breast from which breast cancer screen ing
diagnoses may be made; and
8. "Screening mammography" means a radiologic procedure
provided to a woman, who has no signs or symptoms of breast cancer,
for the purpose of early detection of breast cancer, including
breast tomosynthesis .; and
9. "Supplemental breast examinations" means a medically
necessary and clinically appropriate examination of the b reast,
including but not limited to, as examination using contrast -enhanced
mammography, diagnostic mammography, breast magnetic resonance
imaging, or breast ultrasound that is:
a. used to screen for breast cancer when there is no
abnormality seen or suspe cted, and
b. based on personal or family medical history, or
additional factors that may increase the individual 's
risk of breast cancer.
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B. All health benefit plans shall include the coverage
specified by this section for a low -dose mammography screening for
the presence of occult breast cancer and a diagnostic examination
for breast cancer. Such coverage shall not:
1. Be subject to the policy deductib le, co-payments and co-
insurance limits of the plan; or
2. Require that a female undergo a mammography screening at a
specified time as a conditi on of payment.
C. 1. Any female thirty-five (35) through thirty-nine (39)
years of age shall be entitled pur suant to the provisions of this
section to coverage for a low-dose mammography screening once every
five (5) years.
2. Any female forty (40) ye ars of age or older shall be
entitled pursuant to the provisions of this section to coverage for
an annual low-dose mammography screening.
D. If application of this act would result in health savings
account ineligibility under Section 223 of the federal Internal
Revenue Code, as amended, the pro visions of this section shall only
apply to health savings accounts wi th qualified high-deductible
health plans with respect to the deductible of such a plan after the
enrollee has satisfied the minimum deductible. Provided, however,
the provisions of thi s section shall apply to items of services that
are preventive care pursuant to Section 223(c)(2)(c) of the federal
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Internal Revenue Cod e, as amended, regardless of w hether the minimum
deductible has been satisfied.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9087 TJ 12/07/23