[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1679 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1679

To amend the Internal Revenue Code of 1986 to implement enforcement of 
           the Women's Health and Cancer Rights Act of 1998.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 1999

  Mr. Biden (for himself, Mr. Kerry, and Ms. Mikulski) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to implement enforcement of 
           the Women's Health and Cancer Rights Act of 1998.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Breast Reconstruction Implementation 
Act of 1999''.

SEC. 2. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING 
              MASTECTOMIES.

    (a) In General.--Subchapter B of chapter 100 of the Internal 
Revenue Code of 1986 (relating to other requirements) is amended by 
adding at the end the following:

``SEC. 9813. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING 
              MASTECTOMIES.

    ``(a) Reconstructive Surgery.--A group health plan that provides 
medical and surgical benefits with respect to a mastectomy shall ensure 
that, in a case in which a mastectomy patient elects breast 
reconstruction, coverage is provided for--
            ``(1) all stages of reconstruction of the breast on which 
        the mastectomy has been performed, and
            ``(2) surgery and reconstruction of the other breast to 
        produce a symmetrical appearance;
in the manner determined by the attending physician and the patient to 
be appropriate, and consistent with any fee schedule contained in the 
plan.
    ``(b) Prohibition on Certain Modifications.--In implementing the 
requirements of this section, a group health plan may not modify the 
terms and conditions of coverage based on the determination by a 
participant or beneficiary to request less than the minimum coverage 
required under subsection (a).
    ``(c) Notice.--A group health plan shall provide notice to each 
participant and beneficiary under such plan regarding the coverage 
required by this section in accordance with regulations promulgated by 
the Secretary. Such notice shall be in writing and prominently 
positioned in any literature or correspondence made available or 
distributed by the plan and shall be transmitted--
            ``(1) in the next mailing made by the plan to the 
        participant or beneficiary,
            ``(2) as part of any yearly informational packet sent to 
        the participant or beneficiary, or
            ``(3) not later than January 1, 2002;
whichever is earlier.
    ``(d) Prohibition on Penalties.--A group health plan may not 
penalize or otherwise reduce or limit the reimbursement of a provider 
or specialist because the provider or specialist provided care to a 
participant or beneficiary in accordance with this section.''.
    (b) Clerical Amendment.--The table of contents for subchapter B of 
chapter 100 of the Internal Revenue Code of 1986 is amended by adding 
at the end the following:

``Sec. 9813. Required coverage for reconstructive surgery following 
                            mastectomies.''.
    (c) Effective Dates.--
            (1) In general.--The amendments made by this section shall 
        apply with respect to plan years beginning on or after the date 
        of enactment of this Act.
            (2) Special rule for collective bargaining agreements.--In 
        the case of a group health plan maintained pursuant to 1 or 
        more collective bargaining agreements between employee 
        representatives and 1 or more employers ratified before the 
        date of enactment of this Act, the amendments made by this 
        section shall not apply to plan years beginning before the 
        later of--
                    (A) the date on which the last collective 
                bargaining agreements relating to the plan terminates 
                (determined without regard to any extension thereof 
                agreed to after the date of enactment of this Act), or
                    (B) January 1, 2002.
        For purposes of subparagraph (A), any plan amendment made 
        pursuant to a collective bargaining agreement relating to the 
        plan which amends the plan solely to conform to any requirement 
        added by this section shall not be treated as a termination of 
        such collective bargaining agreement.
                                 <all>