Florida Senate - 2013                                     SB 126
       
       
       
       By Senator Ring
       
       
       
       
       29-00117-13                                            2013126__
    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
    4         that mammography reports include a statement regarding
    5         breast density; providing an effective date.
    6  
    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, amended,
   13  delivered, or renewed in this state must provide coverage for at
   14  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 years
   18  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 of
   21  age or older.
   22         (d) One or more mammograms a year, based upon a physician’s
   23  recommendation, for any woman who is at risk for breast cancer
   24  because of a personal or family history of breast cancer,
   25  because of having a history of biopsy-proven benign breast
   26  disease, because of having a mother, sister, or daughter who has
   27  or has had breast cancer, or because a woman has not given birth
   28  before the age of 30.
   29         (2) Each mammography report provided to a patient must
   30  include information about breast density based on the Breast
   31  Imaging Reporting and Data System established by the American
   32  College of Radiology and must include the following notice:
   33  Dense breast tissue may hide small abnormalities. If your
   34  mammogram indicates that you have dense breast tissue, you may
   35  benefit from supplementary screening tests, including a breast
   36  ultrasound screening, a breast MRI examination, or both,
   37  depending on your individual risk factors. A report of your
   38  mammography results, including information about your breast
   39  density, has been sent to your physician’s office. If you have
   40  any questions or concerns about this report, you should contact
   41  your physician.”
   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 years
   72  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 of
   75  age or older.
   76         (d) One or more mammograms a year, based upon a physician’s
   77  recommendation, for any woman who is at risk for breast cancer
   78  because of a personal or family history of breast cancer,
   79  because of having a history of biopsy-proven benign breast
   80  disease, because of having a mother, sister, or daughter who has
   81  or has had breast cancer, or because a woman has not given birth
   82  before the age of 30.
   83         (2) Each mammography report provided to a patient must
   84  include information about breast density based on the Breast
   85  Imaging Reporting and Data System established by the American
   86  College of Radiology and must include the following notice:
   87  Dense breast tissue may hide small abnormalities. If your
   88  mammogram indicates that you have dense breast tissue, you may
   89  benefit from supplementary screening tests, including a breast
   90  ultrasound screening, a breast MRI examination, or both,
   91  depending on your individual risk factors. A report of your
   92  mammography results, including information about your breast
   93  density, has been sent to your physician’s office. If you have
   94  any questions or concerns about this report, you should contact
   95  your physician.”
   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 years
  124  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 of
  127  age or older.
  128         (d) One or more mammograms a year, based upon a physician’s
  129  recommendation for any woman who is at risk for breast cancer
  130  because of a personal or family history of breast cancer,
  131  because of having a history of biopsy-proven benign breast
  132  disease, because of having a mother, sister, or daughter who has
  133  had breast cancer, or because a woman has not given birth before
  134  the age of 30.
  135         (2) Each mammography report provided to a patient must
  136  include information about breast density based on the Breast
  137  Imaging Reporting and Data System established by the American
  138  College of Radiology and must include the following notice:
  139  Dense breast tissue may hide small abnormalities. If your
  140  mammogram indicates that you have dense breast tissue, you may
  141  benefit from supplementary screening tests, including a breast
  142  ultrasound screening, a breast MRI examination, or both,
  143  depending on your individual risk factors. A report of your
  144  mammography results, including information about your breast
  145  density, has been sent to your physician’s office. If you have
  146  any questions or concerns about this report, you should contact
  147  your physician.”
  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, 2013.