[Sixth Reprint]

SENATE, No. 792

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

Assemblyman  TROY SINGLETON

District 7 (Burlington)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

Co-Sponsored by:

Senators Greenstein, Pou, Ruiz, Buono, Gordon, Assemblywoman Jimenez, Assemblyman Eustace, Assemblywoman Wagner, Assemblymen Amodeo, C.A.Brown, Assemblywoman Caride, Assemblymen Cryan, Caputo, DeAngelo, Chivukula, P.Barnes, III, Assemblywomen Jasey, Schepisi, Sumter, Riley, Assemblyman Giblin, Assemblywomen Angelini, Mosquera, Stender, Tucker, Assemblyman Ramos, Assemblywoman Casagrande, Assemblymen Prieto, Diegnan, Moriarty and Senator Beck

 

 

SYNOPSIS

     Requires insurers to cover breast evaluations and other additional medically necessary testing under certain circumstances and requires certain mammogram reports to contain information on breast density.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on September 9, 2013.

  


An Act concerning mammograms, amending P.L.1991, c.279 and P.L.2004, c.86, and supplementing Title 26 of the Revised Statutes 5and P.L.2003, c.193 (C.17B:27D-1 et seq.)5.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.1991, c.279 (C.17:48-6g) is amended to read as follows:

     1.    a.  No group or individual hospital service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the contract provides benefits to any subscriber or other person covered thereunder for expenses incurred in conducting:

     (1)   one baseline mammogram examination for women who are 6[at least 35 but less than]6 40 years of age; a mammogram examination every year for women age 40 and over; and, in the case of a woman who is under 40 years of age and has a family history of breast cancer or other breast cancer risk factors, a mammogram examination at such age and intervals as deemed medically necessary by the woman's health care provider; and

     (2)   5[comprehensive] an5 ultrasound 5[screening] evaluation, a magnetic resonance imaging scan, a three-dimensional mammography5 4, or other 5[screening] additional testing5 6[deemed medically necessary by the 5[woman’s] patient’s5 health care provider,4]6 of an entire breast or breasts 4, after a baseline mammogram examination,4 if 4[a] the4 mammogram demonstrates 4[heterogeneous] 5[heterogeneously4 or]5 1extremely1 dense breast tissue 5[based on the Breast Imaging Reporting and Data System established by the American College of Radiology] , if the mammogram is abnormal within any degree of breast density including not dense, moderately dense, heterogeneously dense, or extremely dense breast tissue,5 or if 4[a] the4 5[woman is believed to be at increased] patient has additional5 risk 5factors5 for breast cancer 5[due to] including but not limited to5 family history 5[or] of breast cancer,5 prior personal history of breast cancer, positive genetic testing, 5extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology,5 or other indications as determined by 4[a] the4 5[woman's] patient’s5 4[physician or advanced practice nurse] health care provider.  The coverage required under this paragraph may be subject to utilization review, including periodic review, by the hospital service corporation of the medical necessity of the 5[comprehensive ultrasound screenings or other screenings] additional screening and diagnostic testing5 6[if the provider has been determined by the hospital service corporation to have overutilized the coverage required under this paragraph4]6.

     b.    These benefits shall be provided to the same extent as for any other sickness under the contract.

     c.    The provisions of this section shall apply to all contracts in which the hospital service corporation has reserved the right to change the premium.

(cf: P.L.2004, c.86, s.1)

 

     2.    Section 2 of P.L.1991, c.279 (C.17:48A-7f) is amended to read as follows:

     2.    a.  No group or individual medical service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the contract provides benefits to any subscriber or other person covered thereunder for expenses incurred in conducting:

     (1)   one baseline mammogram examination for women who are 6[at least 35 but less than]6 40 years of age; a mammogram examination every year for women age 40 and over; and, in the case of a woman who is under 40 years of age and has a family history of breast cancer or other breast cancer risk factors, a mammogram examination at such age and intervals as deemed medically necessary by the woman's health care provider; and

     (2)   5[comprehensive] an5 ultrasound 5[screening] evaluation, a magnetic resonance imaging scan, a three-dimensional mammography5 4, or other 5[screening] additional testing5 6[deemed medically necessary by the 5[woman’s] patient’s5 health care provider,4]6 of an entire breast or breasts 4, after a baseline mammogram examination,4 if 4[a] the4 mammogram demonstrates 4[heterogeneous] 5[heterogeneously4 or]5 1extremely1 dense breast tissue 5[based on the Breast Imaging Reporting and Data System established by the American College of Radiology] , if the mammogram is abnormal within any degree of breast density including not dense, moderately dense, heterogeneously dense, or extremely dense breast tissue,5 or if 4[a] the4 5[woman is believed to be at increased] patient has additional5 risk 5factors5 for breast cancer 5[due to] including but not limited to5 family history 5[or] of breast cancer,5 prior personal history of breast cancer, positive genetic testing, 5extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology,5 or other indications as determined by 4[a] the4 5[woman's] patient’s5 4[physician or advanced practice nurse] health care provider.  The coverage required under this paragraph may be subject to utilization review, including periodic review, by the medical service corporation of the medical necessity of the 5[comprehensive ultrasound screenings or other screenings] additional screening and diagnostic testing5 6[if the provider has been determined by the medical service corporation to have overutilized the coverage required under this paragraph4]6.

     b.    These benefits shall be provided to the same extent as for any other sickness under the contract.

     c.    The provisions of this section shall apply to all contracts in which the medical service corporation has reserved the right to change the premium.

(cf: P.L.2004, c.86, s.2)

 

     3.    Section 3 of P.L.1991, c.279 (C.17:48E-35.4) is amended to read as follows:

     3.    a.  No group or individual health service corporation contract providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the contract provides benefits to any subscriber or other person covered thereunder for expenses incurred in conducting:

     (1)   one baseline mammogram examination for women who are 6[at least 35 but less than]6 40 years of age; a mammogram examination every year for women age 40 and over; and, in the case of a woman who is under 40 years of age and has a family history of breast cancer or other breast cancer risk factors, a mammogram examination at such age and intervals as deemed medically necessary by the woman's health care provider; and

     (2)   5[comprehensive] an5 ultrasound 5[screening] evaluation, a magnetic resonance imaging scan, a three-dimensional mammography5 4, or other 5[screening] additional testing5 6[deemed medically necessary by the 5[woman’s] patient’s5 health care provider,4]6 of an entire breast or breasts 4, after a baseline mammogram examination,4 if 4[a] the4 mammogram demonstrates 4[heterogeneous] 5[heterogeneously4 or]5 1extremely1 dense breast tissue 5[based on the Breast Imaging Reporting and Data System established by the American College of Radiology] , if the mammogram is abnormal within any degree of breast density including not dense, moderately dense, heterogeneously dense, or extremely dense breast tissue,5 or if 4[a] the4 5[woman is believed to be at increased] patient has additional5 risk 5factors5 for breast cancer 5[due to] including but not limited to5 family history 5[or] of breast cancer,5 prior personal history of breast cancer, positive genetic testing, 5extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology,5 or other indications as determined by 4[a] the4 5[woman's] patient’s5 4[physician or advanced practice nurse] health care provider.  The coverage required under this paragraph may be subject to utilization review, including periodic review, by the health service corporation of the medical necessity of the 5[comprehensive ultrasound screenings or other screenings] additional screening and diagnostic testing5 6[if the provider has been determined by the health service corporation to have overutilized the coverage required under this paragraph4]6.

     b.    These benefits shall be provided to the same extent as for any other sickness under the contract.

     c.    The provisions of this section shall apply to all contracts in which the health service corporation has reserved the right to change the premium. 

(cf: P.L.2004, c.86, s.3)

 

     4.    Section 4 of P.L.1991, c.279 (C.17B:26-2.1e) is amended to read as follows:

     4.    a.  No individual health insurance policy providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the policy provides benefits to any named insured or other person covered thereunder for expenses incurred in conducting:

     (1)   one baseline mammogram examination for women who are 6[at least 35 but less than]6 40 years of age; a mammogram examination every year for women age 40 and over; and, in the case of a woman who is under 40 years of age and has a family history of breast cancer or other breast cancer risk factors, a mammogram examination at such age and intervals as deemed medically necessary by the woman's health care provider; and

     (2)   5[comprehensive] an5 ultrasound 5[screening] evaluation, a magnetic resonance imaging scan, a three-dimensional mammography5 4, or other 5[screening] additional testing5 6[deemed medically necessary by the 5[woman’s] patient’s5 health care provider,4]6 of an entire breast or breasts 4, after a baseline mammogram examination,4 if 4[a] the4 mammogram demonstrates 4[heterogeneous] 5[heterogeneously4 or]5 1extremely1 dense breast tissue 5[based on the Breast Imaging Reporting and Data System established by the American College of Radiology] , if the mammogram is abnormal within any degree of breast density including not dense, moderately dense, heterogeneously dense, or extremely dense breast tissue,5 or if 4[a] the4 5[woman is believed to be at increased] patient has additional5 risk 5factors5 for breast cancer 5[due to] including but not limited to5 family history 5[or] of breast cancer,5 prior personal history of breast cancer, positive genetic testing, 5extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology,5 or other indications as determined by 4[a] the4 5[woman's] patient’s5 4[physician or advanced practice nurse] health care provider.  The coverage required under this paragraph may be subject to utilization review, including periodic review, by the insurer of the medical necessity of the 5[comprehensive ultrasound screenings or other screenings] additional screening and diagnostic testing5 6[if the provider has been determined by the insurer to have overutilized the coverage required under this paragraph4]6.

     b.    These benefits shall be provided to the same extent as for any other sickness under the policy. 

     c.    The provisions of this section shall apply to all policies in which the insurer has reserved the right to change the premium.

(cf: P.L.2004, c.86, s.4)

 

     5.    Section 5 of P.L.1991, c.279 (C.17B:27-46.1f) is amended to read as follows:

     5.    a.  No group health insurance policy providing hospital or medical expense benefits shall be delivered, issued, executed, or renewed in this State or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, unless the policy provides benefits to any named insured or other person covered thereunder for expenses incurred in conducting:

     (1)   one baseline mammogram examination for women who are 6[at least 35 but less than]6 40 years of age; a mammogram examination every year for women age 40 and over; and, in the case of a woman who is under 40 years of age and has a family history of breast cancer or other breast cancer risk factors, a mammogram examination at such age and intervals as deemed medically necessary by the woman's health care provider; and

     (2)   5[comprehensive] an5 ultrasound 5[screening] evaluation, a magnetic resonance imaging scan, a three-dimensional mammography5 4, or other 5[screening] additional testing5 6[deemed medically necessary by the 5[woman’s] patient’s5 health care provider,4]6 of an entire breast or breasts 4, after a baseline mammogram examination,4 if 4[a] the4 mammogram demonstrates 4[heterogeneous] 5[heterogeneously4 or]5 1extremely1 dense breast tissue 5[based on the Breast Imaging Reporting and Data System established by the American College of Radiology] , if the mammogram is abnormal within any degree of breast density including not dense, moderately dense, heterogeneously dense, or extremely dense breast tissue,5 or if 4[a] the4 5[woman is believed to be at increased] patient has additional5 risk 5factors5 for breast cancer 5[due to] including but not limited to5 family history 5[or] of breast cancer,5 prior personal history of breast cancer, positive genetic testing, 5extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology,5 or other indications as determined by 4[a] the4 5[woman's] patient’s5 4[physician or advanced practice nurse] health care provider.  The coverage required under this paragraph may be subject to utilization review, including periodic review, by the insurer of the medical necessity of the 5[comprehensive ultrasound screenings or other screenings] additional screening and diagnostic testing5 6[if the provider has been determined by the insurer to have overutilized the coverage required under this paragraph4]6.

     b.    These benefits shall be provided to the same extent as for any other sickness under the policy.

     c.    The provisions of this section shall apply to all policies in which the insurer has reserved the right to change the premium.

(cf: P.L.2004, c.86, s.5)

 

     6.    Section 7 of P.L.2004, c.86 (C.17B:27A-7.10) is amended to read as follows:

     7.    a.  Every individual health benefits plan that is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.161 (C.17B:27A-2 et seq.) or approved for issuance or renewal in this State, on or after the effective date of this act, shall provide benefits to any 5[woman] person5 covered thereunder for expenses incurred in conducting:

     (1)   one baseline mammogram examination for women who are 6[at least 35 but less than]6 40 years of age; a mammogram examination every year for women age 40 and over; and, in the case of a woman who is under 40 years of age and has a family history of breast cancer or other breast cancer risk factors, a mammogram examination at such age and intervals as deemed medically necessary by the woman's health care provider; and

     (2)   5[comprehensive] an5 ultrasound 5[screening] evaluation, a magnetic resonance imaging scan, a three-dimensional mammography5 4, or other 5[screening] additional testing5 6[deemed medically necessary by the 5[woman’s] patient’s5 health care provider,4]6 of an entire breast or breasts 4, after a baseline mammogram examination,4 if 4[a] the4 mammogram demonstrates 4[heterogeneous] 5[heterogeneously4 or]5 1extremely1 dense breast tissue 5[based on the Breast Imaging Reporting and Data System established by the American College of Radiology] , if the mammogram is abnormal within any degree of breast density including not dense, moderately dense, heterogeneously dense, or extremely dense breast tissue,5 or if 4[a] the4 5[woman is believed to be at increased] patient has additional5 risk 5factors5 for breast cancer 5[due to] including but not limited to5 family history 5[or] of breast cancer,5 prior personal history of breast cancer, positive genetic testing, 5extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology,5 or other indications as determined by 4[a] the4 5[woman's] patient’s5 4[physician or advanced practice nurse] health care provider.  The coverage required under this paragraph may be subject to utilization review, including periodic review, by the carrier of the medical necessity of the 5[comprehensive ultrasound screenings or other screenings] additional screening and diagnostic testing5 6[if the provider has been determined by the carrier to have overutilized the coverage required under this paragraph4]6.

     b.    The benefits shall be provided to the same extent as for any other medical condition under the health benefits plan.

     c.    The provisions of this section shall apply to all health benefit plans in which the carrier has reserved the right to change the premium.

(cf: P.L.2004, c.86, s.7)

 

     7.    Section 8 of P.L.2004, c.86 (C.17B:27A-19.13) is amended to read as follows:

     8.    a.  Every small employer health benefits plan that is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.162 (C.17B:27A-17 et seq.) or approved for issuance or renewal in this State, on or after the effective date of this act, shall provide benefits to any 5[woman] person5 covered thereunder for expenses incurred in conducting:

     (1)   one baseline mammogram examination for women who are 6[at least 35 but less than]6 40 years of age; a mammogram examination every year for women age 40 and over; and, in the case of a woman who is under 40 years of age and has a family history of breast cancer or other breast cancer risk factors, a mammogram examination at such age and intervals as deemed medically necessary by the woman's health care provider; and

     (2)   5[comprehensive] an5 ultrasound 5[screening] evaluation, a magnetic resonance imaging scan, a three-dimensional mammography5 4, or other 5[screening] additional testing5 6[deemed medically necessary by the 5[woman’s] patient’s5 health care provider,4]6 of an entire breast or breasts 4, after a baseline mammogram examination,4 if 4[a] the4 mammogram demonstrates 4[heterogeneous] 5[heterogeneously4 or]5 1extremely1 dense breast tissue 5[based on the Breast Imaging Reporting and Data System established by the American College of Radiology] , if the mammogram is abnormal within any degree of breast density including not dense, moderately dense, heterogeneously dense, or extremely dense breast tissue,5 or if 4[a] the4 5[woman is believed to be at increased] patient has additional5 risk 5factors5 for breast cancer 5[due to] including but not limited to5 family history 5[or] of breast cancer,5 prior personal history of breast cancer, positive genetic testing, 5extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology,5 or other indications as determined by 4[a] the4 5[woman's] patient’s5 4[physician or advanced practice nurse] health care provider.  The coverage required under this paragraph may be subject to utilization review, including periodic review, by the carrier of the medical necessity of the 5[comprehensive ultrasound screenings or other screenings] additional screening and diagnostic testing5 6[if the provider has been determined by the carrier to have overutilized the coverage required under this paragraph4]6.

     b.    The benefits shall be provided to the same extent as for any other medical condition under the health benefits plan.

     c.    The provisions of this section shall apply to all health benefit plans in which the carrier has reserved the right to change the premium.

(cf: P.L.2004, c.86, s.8)

 

     8.    Section 6 of P.L.1991, c.279 (C.26:2J-4.4) is amended to read as follows:

     6.    a.  Notwithstanding any provision of law to the contrary, a certificate of authority to establish and operate a health maintenance organization in this State shall not be issued or continued by the Commissioner of 4[Health and Senior Services] Banking and Insurance4 on or after the effective date of this act unless the health maintenance organization provides health care services to any enrollee for the conduct of:

     (1)   one baseline mammogram examination for women who are 6[at least 35 but less than]6 40 years of age; a mammogram examination every year for women age 40 and over; and, in the case of a woman who is under 40 years of age and has a family history of breast cancer or other breast cancer risk factors, a mammogram examination at such age and intervals as deemed medically necessary by the woman's health care provider; and

     (2)   5[comprehensive] an5 ultrasound 5[screening] evaluation, a magnetic resonance imaging scan, a three-dimensional mammography5 4, or other 5[screening] additional testing5 6[deemed medically necessary by the 5[woman’s] patient’s5 health care provider,4]6 of an entire breast or breasts 4, after a baseline mammogram examination,4 if 4[a] the4 mammogram demonstrates 4[heterogeneous] 5[heterogeneously4 or]5 1extremely1 dense breast tissue 5[based on the Breast Imaging Reporting and Data System established by the American College of Radiology] , if the mammogram is abnormal within any degree of breast density including not dense, moderately dense, heterogeneously dense, or extremely dense breast tissue,5 or if 4[a] the4 5[woman is believed to be at increased] patient has additional5 risk 5factors5 for breast cancer 5[due to] including but not limited to5 family history 5[or] of breast cancer,5 prior personal history of breast cancer, positive genetic testing, 5extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology,5 or other indications as determined by 4[a] the4 5[woman's] patient’s5 4[physician or advanced practice nurse] health care provider.  The coverage required under this paragraph may be subject to utilization review, including periodic review, by the health maintenance organization of the medical necessity of the 5[comprehensive ultrasound screenings or other screenings] additional screening and diagnostic testing5 6[if the provider has been determined by the health maintenance organization to have overutilized the coverage required under this paragraph4]6.

     b.    These health care services shall be provided to the same extent as for any other sickness under the enrollee agreement.

     c.    The provisions of this section shall apply to all enrollee agreements in which the health maintenance organization has reserved the right to change the schedule of charges.

(cf: 4[P.L.2004, c.86, s.6] P.L.2012, c.17, s.2634)

 

     9.    Section 9 of P.L.2004, c.86 (C.52:14-17.29i) is amended to read as follows:

     9.    a.  The State Health Benefits Commission shall provide benefits to each person covered under the State Health Benefits Program for expenses incurred in conducting:

     (1)   one baseline mammogram examination for women who are 6[at least 35 but less than]6 40 years of age; a mammogram examination every year for women age 40 and over; and, in the case of a woman who is under 40 years of age and has a family history of breast cancer or other breast cancer risk factors, a mammogram examination at such age and intervals as deemed medically necessary by the woman's health care provider; and

     (2)   5[comprehensive] an5 ultrasound 5[screening] evaluation, a magnetic resonance imaging scan, a three-dimensional mammography5 4, or other 5[screening] additional testing5 6[deemed medically necessary by the 5[woman’s] patient’s5 health care provider,4]6 of an entire breast or breasts 4, after a baseline mammogram examination,4 if 4[a] the4 mammogram demonstrates 4[heterogeneous] 5[heterogeneously4 or]5 1extremely1 dense breast tissue 5[based on the Breast Imaging Reporting and Data System established by the American College of Radiology] , if the mammogram is abnormal within any degree of breast density including not dense, moderately dense, heterogeneously dense, or extremely dense breast tissue,5 or if 4[a] the4 5[woman is believed to be at increased] patient has additional5 risk 5factors5 for breast cancer 5[due to] including but not limited to5 family history 5[or] of breast cancer,5 prior personal history of breast cancer, positive genetic testing, 5extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology,5 or other indications as determined by 4[a] the4 5[woman's] patient’s5 4[physician or advanced practice nurse] health care provider.  The coverage required under this paragraph may be subject to utilization review, including periodic review, by the carrier of the medical necessity of the 5[comprehensive ultrasound screenings or other screenings] additional screening and diagnostic testing5 6[if the provider has been determined by the carrier to have overutilized the coverage required under this paragraph4]6.

     b.    The benefits shall be provided to the same extent as for any other medical condition under the contract.

(cf: P.L.2004, c.86, s.9)

 

     10.  (New section)  1[Each mammography report provided to a patient shall include information about breast density, based on the Breast Imaging Reporting and Data System established by the American College of Radiology.  When applicable, the report shall include the following notice:  "If your mammogram demonstrates that you have dense breast tissue, which could hide small abnormalities, you might benefit from supplementary screening tests, which can include a breast ultrasound screening or a breast MRI examination, or both, depending on your individual risk factors.  A report of your mammography results, which contains information about your breast density, has been sent to your physician's office, and you should contact your physician if you have any questions or concerns about this report."]  4[Every provider of mammography services] A facility that provides a mammography report pursuant to the federal Mammography Quality Standards Act, 42 U.S.C. s.263b,4 shall 6[, if a patient's mammogram demonstrates 4[heterogeneous or]4 extremely dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology,]6 include the following information, at a minimum, in 4[any] the4 mammography report sent 4[, pursuant to the federal Mammography Quality Standards Act, 42 U.S.C. s.263b,]4 to the patient and the patient's 6[physician] health care provider6 : “Your mammogram 6[shows that your breast tissue is 5extremely5 dense] may show that you have dense breast tissue6 4as determined by the Breast Imaging Reporting and Data System established by the American College of Radiology4 .  Dense breast tissue is very common and is not abnormal.  However, 6[5extremely5] in some cases,6 dense breast tissue can make it harder to find cancer on a mammogram 2[and may also increase your breast cancer risk]2 3and may also 4[increase your breast cancer risk3] be associated with a risk factor for breast cancer4 .  6[This information about the result of your mammogram is given to you to raise your awareness.  Use this information to talk to your 4[doctor] health care provider4 about] Discuss6 5[your own] this and other5 risks for breast cancer 5that pertain to your personal medical history5 6with your health care provider6 . 5[At that time, ask your 4[doctor] health care provider4 if more screening tests might be useful, based on your risk.]5  A report of your results was sent to your 6[physician] health care provider6 .”1  6You may also find more information about breast density at the website of the American College of Radiology, www.acr.org.”6

 

     511.  (New section)  Notwithstanding the provisions of any other law to the contrary, the provisions of section 10 of P.L.    , c.   (C.       ) (pending before the Legislature as this bill) shall not impose a standard of care obligation upon a patient’s health care provider. The information required to be provided by section 10 of P.L.    , c.   (C.       ) (pending before the Legislature as this bill) is intended to increase awareness of breast cancer and help facilitate a conversation between a patient and a patient’s health care provider regarding the patient’s risks for breast cancer.5

 

     5[11] 125. The Commissioner of Health 4[and Senior Services]4, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to effectuate the purposes of 5[section] sections5 10 5and 115 of P.L.    , c.     (C.       ) (pending before the Legislature as this bill).  

 

     513.  (New section)  a.  Notwithstanding the provisions of any other law to the contrary, the Mandated Health Benefits Advisory Commission established pursuant to section 3 of P.L.2003, c.193 (C.17B:27D-3), shall prepare a report regarding the implementation and administration of P.L.    , c.   (C.       ) (pending before the Legislature as this bill) at least once in each five-year period following the effective date of P.L.    , c.   (C.       ) (pending before the Legislature as this bill). 

     b.    The report shall provide a summary of the social and financial impact, as well as the medical efficacy, of the requirements imposed by P.L.    , c.   (C.       ) (pending before the Legislature as this bill), and shall provide a summary of any recommendations the commission may have to improve the effectiveness of P.L.    , c.   (C.       ) (pending before the Legislature as this bill). 

     c.    The commission shall transmit a copy of a report prepared in accordance with this section to the Governor, and to the Legislature, in accordance with section 2 of P.L.1991, c.164 (C.52:14-19.1), within five days of the date the report is prepared.5

 

     614. (New section)  a.  The Department of Health, in conjunction with the Medical Society of New Jersey, shall convene a work group to review and report on strategies to improve the dialogue between patients and health care professionals regarding risk factors for breast cancer and breast imaging options.  The work group shall review breast imaging standards, the federal Mammography Quality Standards Act and breast imaging results protocols, and shall recommend strategies to improve the dialogue between patients and health care professionals regarding breast density and breast imaging options. 

     b.    The department shall invite to participate in the work group representatives of patient advocacy groups and health care professionals’ organizations.  The work group shall organize as soon as practicable following the appointment of its members.  The members of the work group shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties and within the limits of funds available to the work group.

     c.    The work group shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as the work group may require and as may be available to the work group for its purposes.

     d.    The work group shall report its findings and recommendations to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), along with any legislative bills that it desires to recommend for adoption by the Legislature, on an annual basis.  The work group shall submit its first report no later than 12 months after the initial meeting of the work group.6

 

     5[12.] 6[14.5] 15.6  This act shall take effect on the first day of the fourth month next following the date of enactment.  Sections 1 through 9 of this act shall apply to all contracts and policies that are delivered, issued, executed, or renewed or approved for issuance or renewal in this State on or after the effective date.  The 4Commissioner of Banking and Insurance and the4 Commissioner of Health 4[and Senior Services]4 may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of 4[section 10 of]4 this act.