[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3628 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3628

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2012

 Mr. Blunt (for himself, Mr. Brown of Ohio, and Mr. Vitter) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 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.

    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 Cancer Patient Education Act 
of 2012''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Annually, about 207,090 new cases of breast cancer are 
        diagnosed, according to the American Cancer Society.
            (2) Breast cancer has a disproportionate and detrimental 
        impact on African-American women and is the most common cancer 
        among Hispanic/Latina women.
            (3) African-American women under the age of 40 have a 
        greater incidence of breast cancer than Caucasian women of the 
        same age.
            (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.
            (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.
            (6) According to the American Cancer Society, delayed 
        breast reconstruction may be advantageous in women who require 
        post-surgical radiation or other treatments.
            (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.
            (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.
            (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.
            (10) Up to 70 percent of women eligible for breast 
        reconstruction are not informed of their reconstructive 
        options.
            (11) Several states have enacted laws to require that women 
        receive information on their breast cancer treatment and 
        reconstruction options.
            (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.
            (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.
            (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.

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:

``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.
    ``(b) Information To Be Disseminated.--
            ``(1) Specific information.--Such campaign shall include 
        dissemination of the following information:
                    ``(A) Breast reconstruction is possible at the time 
                of breast cancer surgery, or in a delayed fashion.
                    ``(B) Prostheses or breast forms may be available.
                    ``(C) Federal law mandates both public and private 
                health plans to include coverage of breast 
                reconstruction and prostheses.
                    ``(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.
                    ``(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.
            ``(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.
            ``(3) Restriction.--Such campaign shall not specify, or be 
        designed to serve as a tool to limit, the health care providers 
        available to patients.
    ``(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.''.
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