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new_york_law_to_raise_awareness_of_lymphedema

New York Law to Raise Awareness of Lymphedema

Many many thanks to our lymphedema treatment advocate Bob Weiss for sharing this and sending the full context of the bill passed in the New York State Assembly regarding Lymphedema.

Here is the full text:

New York Assembly

AN ACT to amend the public health law, in relation to lymphedema

5892—B 2007-2008 Regular Sessions

I N A S S E M B L Y

February 26, 2007

Introduced by M. of A. MAISEL, DINOWITZ, LAFAYETTE, BROOK-KRASNY, PHEFFER, MILLMAN, ALFANO, CARROZZA, DESTITO, SPANO, YOUNG, KELLNER, ROSENTHAL, ALESSI, GOTTFRIED –

Multi-Sponsored by – M. of A. ABBATE, BARRA, BOYLAND, COLTON, CUSICK, EDDINGTON, GUNTHER, HYER-SPENCER, JACOBS, V. LOPEZ, MARKEY, MAYERSOHN, McENENY, MILLER, REILLY, SWEENEY, TITONE, WEINSTEIN, WEISENBERG

Read once and referred to the Committee on Health – recommitted to the Committee on Health in accordance with Assembly Rule 3, sec. 2 – reported and referred to the Committee on Ways and Means – committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee – again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to lymphedema

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 2400 of the public health law is amended to read as follows:

S 2400. Cancer; powers and duties of commissioner. The commissioner shall conduct investigations of the cause, mortality, methods of treatment, prevention and cure of cancer, and allied diseases, including, BUT NOT LIMITED TO, LYMPHEDEMA RELATED TO THE TREATMENT OF CANCER, AS WELL AS the nature and extent of the facilities available in the several counties and cities of the state, for the diagnosis and treatment of these diseases, and shall cooperate with local health authorities, physicians, hospitals, clinics and voluntary associations, in the development of suitable facilities for the diagnosis, treatment and control of cancer.

S 2. Subdivisions 1 and 3 of section 2401 of the public health law, as amended by chapter 642 of the laws of 1997, are amended to read as follows:

EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted.

LBD00741-08-8

A. 5892–B 2

Every physician, dentist and other health care provider shall give notice immediately but not later than one hundred eighty days of every case of cancer {or}, other malignant disease, OR LYMPHEDEMA RELATED TO THE TREATMENT OF CANCER, coming under his or her care, to the department, except as otherwise provided.

The person in charge of every cancer reporting facility shall immediately but not later than one hundred eighty days give notice of every case of cancer {or}, malignant disease, OR LYMPHEDEMA RELATED TO THE TREATMENT OF CANCER, coming under the care of the institution to the department.

11 S 3. Section 2404 of the public health law is amended by adding a new subdivision 1-b to read as follows:

1-B. TO AID A PERSON IN DECIDING A COURSE OF TREATMENT, THE INFORMATIONAL SUMMARY SHALL ALSO INCLUDE INFORMATION ON POST TREATMENT RISKS, POTENTIAL SIDE-EFFECTS, AND OTHER PERTINENT INFORMATION ASSOCIATED WITH EACH TREATMENT OPTION, INCLUDING, BUT NOT LIMITED TO, INFORMATION ON POST-TREATMENT CONDITIONS SUCH AS LYMPHEDEMA AND ITS ASSOCIATED SYMPTOMS, COMPLICATIONS AND CURRENT AS WELL AS NEW AND EMERGING AND ALTERNATIVE TREATMENT OPTIONS FOR LYMPHEDEMA.

20 S 4. Paragraph © of subdivision 1 of section 2404-a of the public health law, as added by chapter 141 of the laws of 1997, is amended to read as follows:

23 © the alternative medically viable methods of treating prostate cancer, including but not limited to hormonal, radiological, chemotherapeutic or surgical treatments, or combinations thereof.

The summary shall contain information on prostate post-treatment risks, INCLUDING BUT NOT LIMITED TO, INFORMATION ON CONDITIONS SUCH AS LYMPHEDEMA AND ITS ASSOCIATED SYMPTOMS, COMPLICATIONS AND CURRENT AS WELL AS NEW AND EMERGING AND ALTERNATIVE TREATMENT OPTIONS FOR LYMPHEDEMA, and other pertinent information to aid a person in deciding a course of treatment.

The summary shall be updated as is necessary.

32 S 5. Subdivision 1 of section 2581 of the public health law, as amended by chapter 654 of the laws of 1986, is amended to read as follows:

“Children with physical disabilities” means any persons under twenty-one years of age who are disabled by reason of a defect or disability, whether congenital or acquired by accident, injury, or disease, or who are suffering from long-term disease, including, but without limiting the generality of the foregoing, chronic granulomatous, cystic fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumatic fever and rheumatic heart disease, blood dyscrasies, cancer, LYMPHATIC DISEASES, INCLUDING, BUT NOT LIMITED TO: INSUFFICIENCY OF LYMPHATIC CIRCULATORY FUNCTION (TO INCLUDE ALL FORMS OF LYMPHEDEMA, BOTH PRIMARY AND SECONDARY); LIPEDEMA; COMPLEX VASCULAR DISEASES OF THE LYMPHATIC VASCULATURE, INCLUDING LYMPHANGIOMATOSIS, LYMPHANGIOLEIOMYOMATOSIS, LYMPHANGIECTASIAS, LYMPHANGIOMAS, CYSTIC HYGROMAS, GORHAM`S DISEASE, LYMPHANGIOSARCOMA, AND COMPLEX VASCULAR/LYMPHATIC MALFORMATIONS AND SYNDROMES, brain injured, and chronic asthma, or from any disease or condition likely to result in a disability in the absence of treatment, provided, however, no child shall be deprived of a service under the provisions of this chapter solely because of the degree of mental retardation.

S 6. Subdivision 1 of section 207 of the public health law, as amended by chapter 471 of the laws of 2007, is amended to read as follows:

There is hereby created within the department the health care and wellness education and outreach program. The department shall conduct (A. 5892–B 3) 1 education and outreach programs for consumers, patients, and health care providers relating to any health care matters the commissioner deems appropriate and:

(a) Various health conditions, diseases and health care procedures and treatment options.

(b) Recommended preventative and wellness practices and services, including age and gender appropriate testing and screening exams and immunization schedules.

© Lymphedema AND LYMPHATIC DISEASE, an abnormal swelling of the extremities including the causes {and}, symptoms AND NATURE of PRIMARY AND SECONDARY lymphedema AND LYMPHATIC DISEASE, PREVENTION, EARLY DIAGNOSIS, CURRENT AND NEW AND EMERGING OPTIONS FOR TREATMENT AND THERAPY, RESEARCH, MEDICAL INSURANCE, LONG-TERM CHRONIC CARE ISSUES, AND CONTACT AND VOLUNTARY ENROLLMENT INFORMATION FOR THE NATIONAL PATIENT REGISTRY TISSUE/CELL BANK FOR LYMPHATIC DISEASES, the value of early detection, possible options for treatment including their benefits and risks, and other relevant information and the recommendation that hospitals treating breast cancer patients implement a lymphedema alert program by placing a bright pink wristband on the patient`s affected arm.

(d) The need and importance of organ and tissue donation, including information about being registered as an organ and tissue donor and executing documents of gift under article forty-three of this chapter.

(e) The need and importance for consumers and patients to have anadvance directive, particularly a health care proxy, and the need and importance for health care providers to play a leadership role in discussing end-of-life care preferences and values with patients and to provide patients with health care proxy forms.

S 7. This act shall take effect immediately, provided that sections one through five of this act shall take effect on the first of April next succeeding the date on which they shall become law; and provided further that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

Summary of the major provisions of NY A5892B

Section 1: Investigations of causes, treatment, facilities, etc of cancer-related lymphedema.

Section 2: Reporting of all cases of cancer-related lymphedema.

Section 3: Patient informed consent shall include risk of lymphedema for every treatment option.

Section 4: Prostate cancer patient informed consent shall include risk of lymphedema for every treatment option.

Section 5: Primary and Secondary Lymphedema, lymphatic disease, lipedema, vascular disease included in definition of “children with physical disabilities”

Section 6: Lymphedema and lymphatic diseases included in the healthcare and wellness education and outreach program of the NY Department of Health.

The Health Department has already published a brochure, with the help of NLN, called “Have You Had Cancer Treatment? If you have ever had radiation or surgery for cancer, LYMPHEDEMA is something that you need to know about.”

Lymphedema People Related Links

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Pat O'Connor

Lymphedema People / Advocates for Lymphedema

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new_york_law_to_raise_awareness_of_lymphedema.txt · Last modified: 2012/10/16 14:40 (external edit)