82R3674 JSC-D
By: White H.B. No. 669
A BILL TO BE ENTITLED
AN ACT
relating to informing a patient concerning reconstructive breast
surgery before performing certain surgical procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 311, Health and Safety
Code, is amended by adding Section 311.004 to read as follows:
Sec. 311.004. NOTICE FOR PATIENTS UNDERGOING CERTAIN BREAST
SURGERY. (a) A hospital licensed under Chapter 241 that provides
mastectomy surgery, lymph node dissection, or lumpectomy shall
inform the patient concerning the option of reconstructive surgery
following those procedures, including the availability of coverage
for reconstructive surgery.
(b) The hospital shall provide the information required by
Subsection (a):
(1) in writing; and
(2) before obtaining consent to the surgical
procedure.
(c) The information required by Subsection (a) must
include:
(1) a description of each reconstructive option for a
patient and the advantages and disadvantages of each option;
(2) 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;
(3) a description of how a patient may access
reconstructive care, including:
(A) the possibility of transferring care to a
facility that provides reconstructive care; or
(B) choosing to pursue reconstruction after
completion of breast cancer surgery and further cancer treatments,
such as chemotherapy and radiation; and
(4) any other information required by the commissioner
of state health services.
(d) The executive commissioner of the Health and Human
Services Commission, on behalf of the Department of State Health
Services, shall adopt rules prescribing the form and contents of
the information required under this section.
SECTION 2. This Act takes effect January 1, 2012.