CHAPTER 25


97-H 5280A am
Approved Jun. 10, 1997



AN ACT RELATING TO INSURANCE -- BREAST CANCER PATIENT PROTECTION ACT OF 1997

It is enacted by the General Assembly as follows

SECTION 1. Chapter 27-18 of the General Laws entitled "Accident and Sickness Insurance Policies" is hereby amended by adding thereto the following section:

{ADD 27-18-40. Insurance coverage for mastectomy hospital stays. -- ADD} {ADD (a) The Rhode Island General Assembly recongnizes that breast cancer is a unique illness with both a physical and emotional impact on patients except as otherwise hereinafter provided, every individual or group hospital or medical services plan contract delivered, issued for delivery, as renewed in this state on or after September 1, 1997 shall provide coverage for a minimum forty-eight (48) hour time period in a hospital after the surgical procedures known as a mastectomy, and a minimum twenty-four (24) hours after an axilary node dissection.

Provided, however, this section shall not apply to insurance coverage providing benefits for: (i) hospital confinement indemnity; (ii) disablity income; (iii) accident only; (iv) long term care; (v) medicare supplement; (vi) limited benefit health; (vii) specified disease indemnity; (viii) sickness of bodily injury or death by accident or both, and (ix) other limited benefit policies. Any decision to shorten these minimum coverages shall be made by the attending physician in consultation with and upon agreement by the patient. If the patient participates in an early discharge, defined as in-patient care following a mastectomy that is less than forty-eight (48) hours and in-patient care following an axilary node dissection that is less than twenty-four (24) hours, coverage shall include a minimum of one (1) home visit conducted by a physician or registered nurse.

(b) Any subscriber who is aggrieved by a denial of benefits to be provided under this section may appeal said denial in accordance with regulations of the department of health, which have been promulgated pursuant to chapter 23-17.12. No policy or plan covered under this chapter shall terminate the services, reduce capitation payment, or otherwise penalize an attending physician or other health care provider who orders care consistent with the provisions of this section.

(c) Notice. All plans subject to this section shall provide notice to each enrollee:

(1) in the next mass mailing made by the plan to the employee; or

(2) as part of any informational packet sent to the enrollee. ADD}

SECTION 2. Chapter 27-19 of the General Laws entitled "Nonprofit Medical Hospital Service Corporations" is hereby amended by adding thereto the following section:

{ADD 27-19-34.1. Insurance coverage for mastectomy hospital stays. -- ADD} {ADD (a) The Rhode Island General Assembly recongnizes that breast cancer is a unique illness with both a physical and emotional impact on patients every individual or group hospital or medical services plan contract delivered, issued for delivery, as renewed in this state on or after September 1, 1997 shall provide coverage for a minimum forty-eight (48) hour time period in a hospital after the surgical procedures known as a mastectomy, and a minimum twenty-four (24) hours after an axilary node dissection. Any decision to shorten these minimum coverages shall be made by the attending physician in consultation with and upon agreement by the patient. If the patient participates in an early discharge, defined as in-patient care following a mastectomy that is less than forty-eight (48) hours and in-patient care following an axilary node dissection that is less than twenty-four (24) hours, coverage shall include a minimum of one (1) home visit conducted by a physician or registered nurse.

(b) Any subscriber who is aggrieved by a denial of benefits to be provided under this section may appeal said denial in accordance with regulations of the department of health, which have been promulgated pursuant to chapter 23-17.12. No policy or plan covered under this chapter shall terminate the services, reduce capitation payment, or otherwise penalize an attending physician or other health care provider who orders care consistent with the provisions of this section.

(c) Notice. All plans subject to this section shall provide notice to each enrollee:

(1) in the next mass mailing made by the plan to the employee; or

(2) as part of any informational packet sent to the enrollee. ADD}

SECTION 3. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service Corporations" is hereby amended by adding thereto the following section:

{ADD 27-20-29.1. Insurance coverage for mastectomy hospital stays. -- ADD} {ADD (a) The Rhode Island General Assembly recongnizes that breast cancer is a unique illness with both a physical and emotional impact on patients every individual or group hospital or medical services plan contract delivered, issued for delivery, or renewed in this state on or after September 1, 1997 shall provide coverage for a minimum forty-eight (48) hour time period in a hospital after the surgical procedures known as a mastectomy, and a minimum twenty-four (24) hours after an axilary node dissection. Any decision to shorten these minimum coverages shall be made by the attending physician in consultation with and upon agreement by the patient. If the patient participates in an early discharge, defined as in-patient care following a mastectomy that is less than forty-eight hours and in-patient care following an axilary node dissection that is less than twenty-four (24) hours, coverage shall include a minimum of one (1) home visit conducted by a physician or registered nurse.

(b) Any subscriber who is aggrieved by a denial of benefits to be provided under this section may appeal said denial in accordance with regulations of the department of health, which have been promulgated pursuant to chapter 23-17.12. No policy or plan covered under this chapter shall terminate the services, reduce capitation payment, or otherwise penalize an attending physician or other health care provider who orders care consistent with the provisions of this section.

(c) Notice. All plans subject to this section shall provide notice to each enrollee:

(1) in the next mass mailing made by the plan to the employee;or

(2) as part of any informational packet sent to the enrollee. ADD}

SECTION 4. Chapter 27-41 of the General Laws entitled "Health Maintenance Organizations" is hereby amended by adding thereto the following section:

{ADD 27-41-43.1. Insurance coverage for mastectomy hospital stays. -- ADD} {ADD (a) The Rhode Island General Assembly recongnizes that breast cancer is a unique illness with both a physical and emotional impact on patients every individual or group hospital or medical services plan contract delivered, issued for delivery, or renewed in this state on or after September 1, 1997 shall provide coverage for a minimum forty-eight (48) hour time period in a hospital after the surgical procedures known as a mastectomy, and a minimum twenty-four (24) hours after an axilary node dissection. Any decision to shorten these minimum coverages shall be made by the attending physician in consultation with and upon agreement by the patient. If the patient participates in an early discharge, defined as in-patient care following a mastectomy that is less than forty-eight (48) hours and in-patient care following an axilary node dissection that is less than twenty-four (24) hours, coverage shall include a minimum of one (1) home visit conducted by a physician or registered nurse.

(b) Any subscriber who is aggrieved by a denial of benefits to be provided under this section may appeal said denial in accordance with regulations of the department of health,which have been promulgated pursuant to chapter 23-17.12. No policy or plan covered under this chapter shall terminate the services, reduce capitation payment, or otherwise penalize an attending physician or other health care provider who orders care consistent with the provisions of this section.

(c) Notice. All plans subject to this section shall provide notice to each enrollee:

(1) in the next mass mailing made by the plan to the employee; or

(2) as part of any informational packet sent to the enrollee. ADD}

SECTION 5. This act shall take effect upon passage.



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