CHAPTER 94

An Act concerning benefits related to mastectomies in the State Health Benefits Program and supplementing P.L.1961, c.49 (C.52:14-17.25).

      Be It Enacted by the Senate and General Assembly of the State of New Jersey:

C.52:14-17.29b Provision of inpatient care following mastectomy.

      1. The State Health Benefits Commission shall ensure that every contract purchased by the commission on or after the effective date of this act that provides hospital or medical expense benefits, shall provide coverage for a minimum of 72 hours of inpatient care following a modified radical mastectomy and a minimum of 48 hours of inpatient care following a simple mastectomy. The contract shall also provide that a carrier shall not require a health care provider to obtain authorization from the carrier for prescribing 72 or 48 hours, as appropriate, of inpatient care as provided for in this section.

      The provisions of this section shall not be construed: to require a patient to receive inpatient care for 72 or 48 hours, as appropriate, if the patient in consultation with the patient's physician determines that a shorter length of stay is medically appropriate; or to relieve a patient or a patient's physician, if appropriate, of any notification requirements to the carrier under the contract.

      2. This act shall take effect immediately.

      Approved May 8, 1997.