Regulations proposed by Governor Andrew M. Cuomo to require hospitals and extension clinics certified to offer mammography services under the Mammography Quality Standards Act to provide extended hours for mammography services are effective May 18, 2016.
At the request of the New York State Radiological Society, the final rule was amended to: 1) change the term “mammography services” to “screening mammography” to clarify that the requirement does not include diagnostic or other procedures; and 2) eliminate the requirement that the screening hours provided must be consecutive.
The final regulation provides that extended hours must be offered for at least 2 days each week, for at least 2 hours each day offered, for a total of at least 4 hours per week. Appointment times must offered during the following times:
- * Monday-Friday, between 7 a.m. and 9 a.m. or 5 p.m. and 7 p.m.; or
- * Saturday or Sunday, between 9 a.m. and 5 p.m.
The regulation includes a waiver provision that would allow a facility to be exempt from the requirements for up to 90 days if it does not have sufficient staff to provide the expanded hours, if the center is in the process of discontinuing mammography services, or such other hardships as the Department of Health (DOH) deems appropriate.
The Department of Health has advised us that if a facility cannot comply with the regulations as of May 18, 2016, that they can apply for a waiver.