|
|
|
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. |