II 

114TH CONGRESS 

1ST SESSION S. 370 

To require breast density reporting to physicians and patients by facilities 

that perform mammograms, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 4, 2015 

Mrs. FEINSTEIN (for herself, Ms. AYOTTE, Mrs. GILLIBRAND, Mrs. BOXER, 

Ms. HEITKAMP, Ms. BALDWIN, Mr. BROWN, Ms. MIKULSKI, Ms. STABENOW, Mrs. CAPITO, Mrs. SHAHEEN, Mr. CASEY, Ms. HIRONO, Mrs. 

MCCASKILL, Ms. WARREN, and Ms. CANTWELL) introduced the following 

bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To require breast density reporting to physicians and patients by facilities that perform mammograms, and for 

other purposes. 

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 2015’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 


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1 (1) The National Cancer Institute estimates 

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

3 a cancer of the breast in their lifetime. 

4 (2) The Centers for Disease Control and Pre5 vention reports that breast cancer is the number one 

6 cause of cancer death among Hispanic women, and 

7 the number two cause of cancer death among White, 

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

9 Alaska Native women. 

10 (3) Individuals receiving mammograms are not 

11 currently required to receive medical summaries or 

12 reports from their mammogram providers which ad13 dress breast density or its correlation to masking the 

14 presence of breast cancer on mammograms, despite 

15 the fact that the radiologist interpreting the mam16 mogram makes an assessment of the patient’s breast 

17 density. 

18 SEC. 3. BREAST DENSITY REPORTING BY FACILITIES THAT 

19 PERFORM MAMMOGRAMS TO PHYSICIANS 

20 AND PATIENTS. 

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

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

23 263b(f)(1)(G)) is amended— 

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

25 striking ‘‘and’’ at the end; and 


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

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

3 and the summary under subclause (IV) 

4 shall include information about breast den5 sity, as specified by the Secretary based 

6 upon— 

7 ‘‘(aa) current scientific knowl8 edge; 

9 ‘‘(bb) technological advances; or 

10 ‘‘(cc) other updated medical pro11 cedures where the use of such screen12 ing developments is consistent with 

13 the practice of medical experts in the 

14 field; 

15 ‘‘(VI) the summary under subclause 

16 (IV) shall convey the effect of breast den17 sity in masking the presence of breast can18 cer on mammography, using the provider’s 

19 qualitative assessment of the patient’s 

20 breast density; and 

21 ‘‘(VII) the summary under subclause 

22 (IV) shall include language, developed by 

23 the Secretary in consultation with leading 

24 experts and leading cancer organizations, 

25 communicating that individuals with dense 


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1 breasts should talk with their physicians 

2 about— 

3 ‘‘(aa) any questions or concerns 

4 regarding the summary; and 

5 ‘‘(bb) whether the individuals 

6 would benefit from additional tests.’’. 

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

8 amendments made by this section shall not be construed 

9 to alter in any way Federal requirements relating to finan10 cial obligations of any person in connection with health 

11 insurance. 

12 SEC. 4. ENHANCING RESEARCH RELATING TO BREAST DEN13 SITY. 

14 Title III of the Public Health Service Act is amended 

15 by inserting after section 354 (42 U.S.C. 263b) the fol16 lowing: 

17 ‘‘SEC. 354A. ENHANCING RESEARCH RELATING TO BREAST 

18 DENSITY. 

19 ‘‘The Secretary shall expand and intensify the pro20 grams and activities of the Department of Health and 

21 Human Services for conducting or supporting— 

22 ‘‘(1) applied research on breast density; 

23 ‘‘(2) research on the cost-effectiveness, effec24 tiveness, and feasibility of reimbursement models for 

25 supplemental imaging relating to breast density; and 


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1 ‘‘(3) research in support of clinical guidelines 

2 and best practices concerning use of mammograms 

3 and supplemental screening for women with dense 

4 breasts.’’. 

Æ 


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