I 

113TH CONGRESS 

1ST SESSION H. R. 3404 

To require that every mammography summary delivered to a patient after 

a mammography examination, as required by section 354 of the Public 

Health Service Act (commonly referred to as the ‘‘Mammography Quality 

Standards Act of 1992’’), contain information regarding the patient’s 

breast density and language communicating that individuals with more 

dense breasts may benefit from supplemental screening tests, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2013 

Ms. DELAURO (for herself, Mr. ISRAEL, Ms. BROWN of Florida, Ms. CASTOR

of Florida, Mr. COHEN, Mr. CONNOLLY, Mr. CONYERS, Mr. DEFAZIO, 

Mr. FITZPATRICK, Mr. GRIJALVA, Mr. GUTIE ́RREZ, Mr. HASTINGS of 

Florida, Mr. LARSON of Connecticut, Mrs. LOWEY, Ms. MOORE, Mr. 

MORAN, Ms. NORTON, Mr. RUSH, Mr. SCHIFF, Ms. TSONGAS, and Mr. 

WOLF) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To require that every mammography summary delivered to 

a patient after a mammography examination, as required 

by section 354 of the Public Health Service Act (commonly referred to as the ‘‘Mammography Quality Standards Act of 1992’’), contain information regarding the 

patient’s breast density and language communicating 

that individuals with more dense breasts may benefit 

from supplemental screening tests, and for other purposes. 


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•HR 3404 IH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Breast Density and 

5 Mammography Reporting Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 

8 (1) The American Cancer Society reports that 

9 an individual with dense breast tissue faces a rel10 ative risk of developing breast cancer 4 or more 

11 times higher than an individual without dense breast 

12 tissue. 

13 (2) The National Cancer Institute estimates 

14 that 1 in 8 women in the United States will develop 

15 a cancer of the breast in their lifetime. 

16 (3) The Centers for Disease Control and Pre17 vention reports that breast cancer is the number one 

18 cause of cancer death among Hispanic women, and 

19 the number two cause of cancer death among White, 

20 Black, Asian/Pacific Islander, and American Indian/ 

21 Alaska Native women. 

22 (4) Individuals receiving mammograms are not 

23 currently required to receive medical summaries or 

24 reports from their mammogram providers which ad25 dress breast density or its correlation to breast canVerDate Mar 15 2010 23:46 Nov 05, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3404.IH H3404

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•HR 3404 IH

1 cer, despite the fact that the radiologist interpreting 

2 the mammogram makes an assessment of the pa3 tient’s breast density. 

4 SEC. 3. BREAST DENSITY REPORTING BY FACILITIES THAT 

5 PERFORM MAMMOGRAMS TO PHYSICIANS 

6 AND PATIENTS. 

7 (a) IN GENERAL.—Clause (ii) of section 354(f)(1)(G) 

8 of the Public Health Service Act (42 U.S.C. 

9 263b(f)(1)(G)) is amended— 

10 (1) in each of subclauses (III) and (IV), by 

11 striking ‘‘and’’ at the end; and 

12 (2) by adding at the end the following: 

13 ‘‘(V) the report under subclause (I) 

14 and the summary under subclause (IV) 

15 shall include information regarding the pa16 tient’s individual measure of breast den17 sity, as specified by the Secretary based 

18 upon— 

19 ‘‘(aa) current scientific knowl20 edge; 

21 ‘‘(bb) technological advances; or 

22 ‘‘(cc) other updated medical pro23 cedures where the use of such screen24 ing developments is consistent with 


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•HR 3404 IH

1 the practice of medical experts in the 

2 field; 

3 ‘‘(VI) the summary under subclause 

4 (IV) shall convey to the patient his or her 

5 risk of developing breast cancer associated 

6 with below, above, and average levels of 

7 breast density as measured under sub8 clause (V) and analyzed by the patient’s 

9 interpreting physician; and 

10 ‘‘(VII) the summary under subclause 

11 (IV) shall include language, developed by 

12 the Secretary in consultation with leading 

13 experts, communicating that individuals 

14 with more dense breasts— 

15 ‘‘(aa) may benefit from supple16 mental screening tests; and 

17 ‘‘(bb) should talk with their phy18 sicians about any questions or con19 cerns regarding the summary; and’’. 

20 (b) RULE OF CONSTRUCTION.—This section and the 

21 amendments made by this section shall not be construed 

22 to alter in any way Federal requirements relating to finan23 cial obligations of any person in connection with health 

24 insurance. 


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•HR 3404 IH

1 (c) NO PREEMPTION.—This section and the amend2 ments made by this section shall not be construed to pre3 empt any State requirements relating to reporting on a 

4 patient’s individual measure of breast density. 

Æ 


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