2005 Regular Session
To: Public Health and Welfare
By: Senator(s) Dawkins, Williamson, Harden, Hyde-Smith
AN ACT TO AUTHORIZE THE PERFORMANCE OF MAMMOGRAMS WITHOUT A PRESCRIPTION FROM A LICENSED PRACTITIONER; TO PROVIDE FOR NOTIFICATION OF THE RESULTS; TO PROVIDE LIMITED IMMUNITY FROM CIVIL LIABILITY; TO AMEND SECTION 83-9-108, MISSISSIPPI CODE OF 1972, TO PROVIDE DIRECT ACCESS WITHOUT ANY REQUIREMENT FOR SPECIALTY REFERRAL FOR MINIMUM MAMMOGRAPHY EXAMINATIONS COVERED BY HEALTH COVERAGE INSURANCE PLANS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Notwithstanding any provision of Section 73-21-73, Mississippi Code of 1972, or any physician protocol to the contrary, any person who may legally perform a mammography in this state may perform a screening mammography without the direction by prescription of a licensed practitioner. A facility offering screening mammography may request a referral for a screening mammogram from a physician licensed to practice medicine by the Mississippi State Board of Medical Examiners.
(2) Each patient shall be given the opportunity to name a physician to receive the results of any screening mammogram performed pursuant to this section. The results mailed to the patient and to the named physician shall clearly state whether the need for any follow-up care is indicated by the mammogram.
(3) Any liability or responsibility for any subsequent or follow-up care and treatment of an individual who receives a screening mammogram pursuant to this section on the part of the performer of that screening mammogram or any physician performing an assessment of a screening mammogram shall cease upon delivery of the results or report of such screening mammogram to the screened or tested individual and to any physician named by the patient to receive such results. These results shall be sent by certified mail, return receipt requested, and shall comply with the reporting requirements for mammography results in the federal Mammography Quality Standards Act, 42 USC 263b, and any regulations promulgated pursuant thereto. The liability of a supervising licensed practitioner for follow-up of patients following a screening mammogram shall be limited to informing the patient and a designated physician in accordance with guidelines issued under the Mammography Quality Standards Act, 42 USC 263b, and any regulations promulgated pursuant thereto.
SECTION 2. Section 83-9-108, Mississippi Code of 1972, is amended as follows:
83-9-108. (1) Every insurer shall offer in each group or individual policy, contract or certificate of health insurance issued or renewed for persons who are residents of this state, coverage for annual screenings by low-dose mammography for all women thirty-five (35) years of age or older for the presence of occult breast cancer within the provisions of the policy, contract or certificate. This coverage shall be offered on an optional basis, and each primary insured must accept or reject such coverage in writing and accept responsibility for premium payment.
(2) Such benefits shall be at least as favorable as for other radiological examinations and subject to the same dollar limits, deductibles and coinsurance factors. For purposes of this section, "low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, screens, films and cassettes with a radiation exposure which is diagnostically valuable and in keeping with the recommended "Average Patient Exposure Guides" as published by the Conference of Radiation Control Program Directors, Inc.
(3) Except for cancer policies, nothing in this section shall apply to accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care or limited benefit health insurance policies.
(4) No health coverage plan which is delivered or issued for delivery in this state shall prevent any insured, beneficiary, enrollee, or subscriber from having direct access, without any requirement for specialty referral, to the minimum mammography examination required to be covered by this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2005.