| 1 | A bill to be entitled |
| 2 | An act relating to mammogram reports; amending ss. |
| 3 | 627.6418, 627.6613, and 641.31095, F.S.; requiring that |
| 4 | all mammography reports include information and a notice |
| 5 | about breast density; providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
|
| 9 | Section 1. Section 627.6418, Florida Statutes, is amended |
| 10 | to read: |
| 11 | 627.6418 Coverage for mammograms.- |
| 12 | (1) An accident or health insurance policy issued, |
| 13 | amended, delivered, or renewed in this state must provide |
| 14 | coverage for at least the following: |
| 15 | (a) A baseline mammogram for any woman who is 35 years of |
| 16 | age or older, but younger than 40 years of age. |
| 17 | (b) A mammogram every 2 years for any woman who is 40 |
| 18 | years of age or older, but younger than 50 years of age, or more |
| 19 | frequently based on the patient's physician's recommendation. |
| 20 | (c) A mammogram every year for any woman who is 50 years |
| 21 | of age or older. |
| 22 | (d) One or more mammograms a year, based upon a |
| 23 | physician's recommendation, for any woman who is at risk for |
| 24 | breast cancer because of a personal or family history of breast |
| 25 | cancer, because of having a history of biopsy-proven benign |
| 26 | breast disease, because of having a mother, sister, or daughter |
| 27 | who has or has had breast cancer, or because a woman has not |
| 28 | given birth before the age of 30. |
| 29 | (2) Each mammography report provided to a patient shall |
| 30 | include information about breast density based on the Breast |
| 31 | Imaging Reporting and Data System established by the American |
| 32 | College of Radiology. Where applicable, such report shall |
| 33 | include the following notice: "If your mammogram demonstrates |
| 34 | that you have dense breast tissue, which could hide small |
| 35 | abnormalities, you might benefit from supplementary screening |
| 36 | tests, including a breast ultrasound screening or a breast MRI |
| 37 | examination, or both, depending on your individual risk factors. |
| 38 | A report of your mammography results, which contains information |
| 39 | about your breast density, has been sent to your physician's |
| 40 | office and you should contact your physician if you have any |
| 41 | questions or concerns about this report." |
| 42 | (3)(2) Except as provided in paragraph (1)(b), for |
| 43 | mammograms done more frequently than every 2 years for women 40 |
| 44 | years of age or older but younger than 50 years of age, the |
| 45 | coverage required by subsection (1) applies, with or without a |
| 46 | physician prescription, if the insured obtains a mammogram in an |
| 47 | office, facility, or health testing service that uses |
| 48 | radiological equipment registered with the Department of Health |
| 49 | for breast cancer screening. The coverage is subject to the |
| 50 | deductible and coinsurance provisions applicable to outpatient |
| 51 | visits, and is also subject to all other terms and conditions |
| 52 | applicable to other benefits. This section does not affect any |
| 53 | requirements or prohibitions relating to who may perform, |
| 54 | analyze, or interpret a mammogram or the persons to whom the |
| 55 | results of a mammogram may be furnished or released. |
| 56 | (4)(3) This section does not apply to disability income, |
| 57 | specified disease, or hospital indemnity policies. |
| 58 | (5)(4) Every insurer subject to the requirements of this |
| 59 | section shall make available to the policyholder as part of the |
| 60 | application, for an appropriate additional premium, the coverage |
| 61 | required in this section without such coverage being subject to |
| 62 | the deductible or coinsurance provisions of the policy. |
| 63 | Section 2. Section 627.6613, Florida Statutes, is amended |
| 64 | to read: |
| 65 | 627.6613 Coverage for mammograms.- |
| 66 | (1) A group, blanket, or franchise accident or health |
| 67 | insurance policy issued, amended, delivered, or renewed in this |
| 68 | state must provide coverage for at least the following: |
| 69 | (a) A baseline mammogram for any woman who is 35 years of |
| 70 | age or older, but younger than 40 years of age. |
| 71 | (b) A mammogram every 2 years for any woman who is 40 |
| 72 | years of age or older, but younger than 50 years of age, or more |
| 73 | frequently based on the patient's physician's recommendation. |
| 74 | (c) A mammogram every year for any woman who is 50 years |
| 75 | of age or older. |
| 76 | (d) One or more mammograms a year, based upon a |
| 77 | physician's recommendation, for any woman who is at risk for |
| 78 | breast cancer because of a personal or family history of breast |
| 79 | cancer, because of having a history of biopsy-proven benign |
| 80 | breast disease, because of having a mother, sister, or daughter |
| 81 | who has or has had breast cancer, or because a woman has not |
| 82 | given birth before the age of 30. |
| 83 | (2) Each mammography report provided to a patient shall |
| 84 | include information about breast density based on the Breast |
| 85 | Imaging Reporting and Data System established by the American |
| 86 | College of Radiology. Where applicable, such report shall |
| 87 | include the following notice: "If your mammogram demonstrates |
| 88 | that you have dense breast tissue, which could hide small |
| 89 | abnormalities, you might benefit from supplementary screening |
| 90 | tests, including a breast ultrasound screening or a breast MRI |
| 91 | examination, or both, depending on your individual risk factors. |
| 92 | A report of your mammography results, which contains information |
| 93 | about your breast density, has been sent to your physician's |
| 94 | office and you should contact your physician if you have any |
| 95 | questions or concerns about this report." |
| 96 | (3)(2) Except as provided in paragraph (1)(b), for |
| 97 | mammograms done more frequently than every 2 years for women 40 |
| 98 | years of age or older but younger than 50 years of age, the |
| 99 | coverage required by subsection (1) applies, with or without a |
| 100 | physician prescription, if the insured obtains a mammogram in an |
| 101 | office, facility, or health testing service that uses |
| 102 | radiological equipment registered with the Department of Health |
| 103 | for breast cancer screening. The coverage is subject to the |
| 104 | deductible and coinsurance provisions applicable to outpatient |
| 105 | visits, and is also subject to all other terms and conditions |
| 106 | applicable to other benefits. This section does not affect any |
| 107 | requirements or prohibitions relating to who may perform, |
| 108 | analyze, or interpret a mammogram or the persons to whom the |
| 109 | results of a mammogram may be furnished or released. |
| 110 | (4)(3) Every insurer referred to in subsection (1) shall |
| 111 | make available to the policyholder as part of the application, |
| 112 | for an appropriate additional premium, the coverage required in |
| 113 | this section without such coverage being subject to the |
| 114 | deductible or coinsurance provisions of the policy. |
| 115 | Section 3. Section 641.31095, Florida Statutes, is amended |
| 116 | to read: |
| 117 | 641.31095 Coverage for mammograms.- |
| 118 | (1) Every health maintenance contract issued or renewed on |
| 119 | or after January 1, 1996, shall provide coverage for at least |
| 120 | the following: |
| 121 | (a) A baseline mammogram for any woman who is 35 years of |
| 122 | age or older, but younger than 40 years of age. |
| 123 | (b) A mammogram every 2 years for any woman who is 40 |
| 124 | years of age or older, but younger than 50 years of age, or more |
| 125 | frequently based on the patient's physician's recommendations. |
| 126 | (c) A mammogram every year for any woman who is 50 years |
| 127 | of age or older. |
| 128 | (d) One or more mammograms a year, based upon a |
| 129 | physician's recommendation for any woman who is at risk for |
| 130 | breast cancer because of a personal or family history of breast |
| 131 | cancer, because of having a history of biopsy-proven benign |
| 132 | breast disease, because of having a mother, sister, or daughter |
| 133 | who has had breast cancer, or because a woman has not given |
| 134 | birth before the age of 30. |
| 135 | (2) Each mammography report provided to a patient shall |
| 136 | include information about breast density based on the Breast |
| 137 | Imaging Reporting and Data System established by the American |
| 138 | College of Radiology. Where applicable, such report shall |
| 139 | include the following notice: "If your mammogram demonstrates |
| 140 | that you have dense breast tissue, which could hide small |
| 141 | abnormalities, you might benefit from supplementary screening |
| 142 | tests, including a breast ultrasound screening or a breast MRI |
| 143 | examination, or both, depending on your individual risk factors. |
| 144 | A report of your mammography results, which contains information |
| 145 | about your breast density, has been sent to your physician's |
| 146 | office and you should contact your physician if you have any |
| 147 | questions or concerns about this report." |
| 148 | (3)(2) The coverage required by this section is subject to |
| 149 | the deductible and copayment provisions applicable to outpatient |
| 150 | visits, and is also subject to all other terms and conditions |
| 151 | applicable to other benefits. A health maintenance organization |
| 152 | shall make available to the subscriber as part of the |
| 153 | application, for an appropriate additional premium, the coverage |
| 154 | required in this section without such coverage being subject to |
| 155 | any deductible or copayment provisions in the contract. |
| 156 | Section 4. This act shall take effect October 1, 2011. |