ISSUE SUMMARY:



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BREAST CANCER PATIENT EDUCATION ACT

REQUEST The American Society of Plastic Surgeons urges you to co-sponsor the H.R. 5937, the “Breast Cancer Patient Education Act,” which was introduced by Reps. Lance (R-NJ) and Christensen (D-VI). The bill empowers women to make the best care choices for their unique circumstances. To cosponsor, please contact either Jeffrey Last with Rep. Lance (jeffrey.last@mail. or 5-5361) or Britt Weinstock with Rep. Christensen (britt.weinstock@mail. or 5-1790).

PROBLEM Since 1998, health plans that offer breast cancer coverage have been required to provide for breast reconstruction and prostheses. Surprisingly, published studies report that up to 70% of women eligible for breast reconstruction following breast cancer are not informed of their care options.

SOLUTION The “Breast Cancer Patient Education Act” requires the Secretary of Health and Human Services to plan and implement an education campaign to inform breast cancer patients of the availability and coverage of breast reconstruction and other options. The Secretary may develop information for distribution or may identify information prepared by organizations. Educational materials should inform women that breast reconstruction is possible at the time of breast cancer surgery, it may be delayed until after other treatments, or they may choose not to have reconstruction and be informed of the availability of prostheses or breast forms. Also, educational materials should inform breast cancer patients that federal law mandates coverage of breast reconstruction, even if such reconstruction is delayed after other treatments.

BACKGROUND 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 and prostheses. However, only 33 % of eligible women with breast cancer undergo breast reconstruction and published research reports that nearly 70% of women are not informed of their care options. There is no consensus on the reasons women do not receive this information.

Breast cancer has a disproportionate and detrimental impact on African-American women. In fact, African-American women under the age of 40 have a greater incidence of breast cancer than Caucasian women of the same age. Also, breast cancer is the most common cancer among Hispanic/Latina women.

A 2009 study by Amy Alderman, M.D. at the University of Michigan and Caprice Greenberg of The Dana Farber Institute determined that the two dominant reasons why women did not undergo breast reconstruction were that they were not informed of options and they were not referred to a breast reconstruction surgeon.

Several states have enacted laws to require that women receive information on their breast cancer treatment and reconstruction options. The “Breast Reconstruction Education Act” seeks to inform and empower women to make health care decisions that best meet their personal needs.

COST ESTIMATE The bill is not expected to have a cost. Rather, the Secretary has current authority for educational activities.

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