[Congressional Record Volume 143, Number 13 (Wednesday, February 5, 1997)]
[Extensions of Remarks]
[Page E159]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


            THE WOMEN'S HEALTH AND CANCER RIGHTS ACT OF 1997

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                          HON. SUSAN MOLINARI

                              of new york

                    in the house of representatives

                      Wednesday, February 5, 1997

  Ms. MOLINARI. Mr. Speaker, I would like today to introduce the 
Women's Health and Cancer Rights Act of 1997. This unprecedented 
legislation is not only critical for breast cancer patients, but also 
for all cancer patients.
  Last year in the U.S., 182,000 women were diagnosed with breast 
cancer and 85,000 breast cancer patients received a mastectomy as part 
of their treatment--7,500 of which were performed in New York State. A 
similar survey found that 43 percent of the respondents had been denied 
coverage of followup reconstructive symmetry procedures and nearly 20 
percent had been denied insurance coverage for revisions of an initial 
breast reconstructive surgery. These numbers are far too high and this 
denial of coverage must end.
  Currently, many insurance companies are the sole decision makers in 
how long a breast cancer patient should stay in the hospital, without 
taking into account her individual needs or circumstance. In addition, 
these companies are frequently reluctant to pay for the initial breast 
reconstruction, as well as followup procedures because they deem 
reconstruction cosmetic. Ironically, insurance companies do not deny 
reconstructive surgery for an ear that is lost due to cancer. Insurance 
companies are simply not being sensitive to the needs of breast cancer 
patients, and this bill seeks to ensure a breast cancer patient's 
access to an appropriate hospital stay as well as reconstructive 
surgery.
  There are few procedures which are of such a sensitive nature as 
mastectomies. Under the Women's Health and Cancer Rights Act, the 
patient in consultation with her physician, determines when it is 
medically appropriate to be discharged following a mastectomy. Rather 
than leaving the decision to insurance companies or even to Congress, 
this crucial decision is made by those personally involved. So if a 
woman is prepared mentally and physically to be discharged soon after 
the procedure, she may do so with her doctor's permission. This is also 
true in the case when a woman is not quite ready after several days. 
Patients should never be denied the opportunity to be covered by 
insurance in this frightening situation.
  The Women's Health and Cancer Rights Act also ensures access to all 
stages of reconstructive surgery. Surgeons across the country have 
confirmed that the problems with reimbursement have grown worse in 
recent years as insurance companies become more cost-conscious. Women 
have been denied coverage for reconstructive surgery even in States 
where coverage for breast reconstruction was mandatory.
  Finally, the Women's Health and Cancer Rights Act ensures that 
individuals diagnosed with any type of cancer have access to a second 
opinion, including one that may be outside of their health plan 
network. It is vital that an individual facing a potentially life-
threatening disease, such as cancer, have the opportunity to consult a 
second physician and not the anxiety of whether or not it will be 
covered by their insurance.
  Unfortunately, almost all of us have had a family member or known 
someone who has been hit by breast cancer--and frankly all women live 
with that fear. This bill is attempting to provide some sense of 
security that hospitals and medical providers are able to do the right 
thing. We will be able to claim success if we can minimize the pain, 
confusion, and trauma following a breast cancer diagnosis--and the 
Women's Health and Cancer Rights Act aims to do just that.

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