HR 5937 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 5937CommentsClose CommentsPermalink

To amend the Public Health Service Act to raise awareness of, and to educate breast cancer patients anticipating surgery regarding, the availability and coverage of breast reconstruction, prostheses, and other options.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

June 8, 2012CommentsClose CommentsPermalink

Mr. LANCE (for himself, Mrs. CHRISTENSEN, Ms. ROS-LEHTINEN, Mrs. BLACKBURN, Mr. CONNOLLY of Virginia, Mr. MORAN, Mr. CLARKE of Michigan, Mr. LEWIS of Georgia, Ms. LEE of California, Ms. NORTON, Ms. MOORE, Mr. RANGEL, and Mr. HONDA) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Public Health Service Act to raise awareness of, and to educate breast cancer patients anticipating surgery regarding, the availability and coverage of breast reconstruction, prostheses, and other options.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Breast Cancer Patient Education Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Congress makes the following findings:CommentsClose CommentsPermalink





(1) Annually, about 207,090 new cases of breast cancer are diagnosed, according to the American Cancer Society.CommentsClose CommentsPermalink





(2) Breast cancer has a disproportionate and detrimental impact on African-American women and is the most common cancer among Hispanic/Latina women.CommentsClose CommentsPermalink





(3) African-American women under the age of 40 have a greater incidence of breast cancer than Caucasian women of the same age.CommentsClose CommentsPermalink





(4) Individuals undergoing surgery for breast cancer should give due consideration to the option of breast reconstructive surgery, either at the same time as the breast cancer surgery or at a later date.CommentsClose CommentsPermalink





(5) According to the American Cancer Society, immediate breast reconstruction offers the advantage of combining the breast cancer surgery with the reconstructive surgery and is cost effective.CommentsClose CommentsPermalink





(6) According to the American Cancer Society, delayed breast reconstruction may be advantageous in women who require post-surgical radiation or other treatments.CommentsClose CommentsPermalink





(7) A woman suffering from the loss of her breast may not be a candidate for surgical breast reconstruction or may choose not to undergo additional surgery and instead choose breast prostheses.CommentsClose CommentsPermalink





(8) The Women’s Health and Cancer Rights Act of 1998 (WHCRA; Public Law 105-277) requires health plans that offer breast cancer coverage to also provide for breast reconstruction.CommentsClose CommentsPermalink





(9) Required coverage for breast reconstruction includes all the necessary stages of reconstruction. Surgery of the opposite breast for symmetry may be required. Breast prostheses may be necessary. Other sequelae of breast cancer treatment, such as lymphedema, must be covered.CommentsClose CommentsPermalink





(10) Up to 70 percent of women eligible for breast reconstruction are not informed of their reconstructive options.CommentsClose CommentsPermalink





(11) Several states have enacted laws to require that women receive information on their breast cancer treatment and reconstruction options.CommentsClose CommentsPermalink





(12) A 2009 study by Amy Alderman, M.D. at the University of Michigan and Caprice Greenberg of the Dana Farber Institute determined the two dominant reasons why women did not undergo breast reconstruction: (1) the woman was not informed of her options, and (2) the woman was not referred to a breast reconstruction surgeon.CommentsClose CommentsPermalink





(13) According to a 2008 report by Greenberg, most women undergo breast reconstruction because the option was offered and discussed by the breast cancer surgeon. This critical discussion is often lacking.CommentsClose CommentsPermalink





(14) Greenberg reports that women with Medicare undergo breast reconstruction at a rate of 11 percent. Women with managed care or indemnity insurance undergo reconstruction at a rate of approximately 54 percent. Nationally, only 33 percent of eligible women with breast cancer undergo breast reconstruction.CommentsClose CommentsPermalink

SEC. 3. BREAST RECONSTRUCTION EDUCATION.

Part V of title III of the Public Health Service Act (42 U.S.C. 280; programs relating to breast health and cancer) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 399NN-1. BREAST RECONSTRUCTION EDUCATION.

‘(a) In General- The Secretary shall provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options.CommentsClose CommentsPermalink





‘(b) Information To Be Disseminated-CommentsClose CommentsPermalink





‘(1) SPECIFIC INFORMATION- Such campaign shall include dissemination of the following information:CommentsClose CommentsPermalink





‘(A) Breast reconstruction is possible at the time of breast cancer surgery, or in a delayed fashion.CommentsClose CommentsPermalink





‘(B) Prostheses or breast forms may be available.CommentsClose CommentsPermalink





‘(C) Federal law mandates both public and private health plans to include coverage of breast reconstruction and prostheses.CommentsClose CommentsPermalink





‘(D) The patient has a right to choose their provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care.CommentsClose CommentsPermalink





‘(E) The patient may opt to undergo breast reconstruction in a delayed fashion for personal reasons, or after completion of all other breast cancer treatments.CommentsClose CommentsPermalink





‘(2) OTHER INFORMATION- In addition to the information described in paragraph (1), such campaign may include dissemination of such other information (whether developed by the Secretary or by other entities) as the Secretary determines relevant.CommentsClose CommentsPermalink





‘(3) RESTRICTION- Such campaign shall not specify, or be designed to serve as a tool to limit, the health care providers available to patients.CommentsClose CommentsPermalink





‘(c) Consultation- In developing the information to be disseminated under this section, the Secretary shall consult with appropriate medical societies and patient advocates related to breast cancer, breast reconstructive surgery, and breast prostheses and breast forms.’.CommentsClose CommentsPermalink