[Congressional Record Volume 143, Number 46 (Thursday, April 17, 1997)]
[Senate]
[Page S3354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY (for himself, Ms. Mikulski, Mr. Daschle, Mr. Dodd, 
        Mr. Harkin, Mr. Wellstone, Mrs. Murray, Mrs. Boxer, Ms. 
        Moseley-Braun, Mrs. Feinstein, Mr. Ford, and Mr. Inouye):
  S. 609. A bill to amend the Public Health Service Act and Employee 
Retirement Income Security Act of 1974 to require that group and 
individual health insurance coverage and group health plans provide 
coverage for reconstructive breast surgery if they provide coverage for 
mastectomies; to the Committee on Labor and Human Resources.


           RECONSTRUCTIVE BREAST SURGERY BENEFITS ACT OF 1997

  Mr. KENNEDY. Mr. President, today I am introducing the Reconstructive 
Breast Surgery Benefits Act of 1997. An identical bill is being 
introduced by Representative Anna Eshoo in the House of 
Representatives. Our purpose in introducing this legislation is to 
improve the lives of thousands of women who suffer from breast cancer.
  Breast cancer is the most common form of cancer in American women, 
affecting one woman out of every nine. Nearly three million American 
women are living with the disease, and 46,000 die from it each year. 
Over 180,000 more women will be diagnosed with breast cancer this year, 
and nearly half of the women will suffer the loss of one or both 
breasts in order to survive.
  Reconstructive surgery or use of a prothesis can help women cope with 
the consequences of this deadly illness. Every woman deserves the 
opportunity to have these important options available if breast cancer 
strikes. It is also a distressing fact that some women avoid early 
detection procedures, for fear that it may result in the loss of a 
breast if cancer is detected. For these women, breast reconstruction 
surgery should be available as a part of treatment, since its 
availability can alleviate fears about the disease and encourage life-
saving early detection and treatment.
  Many insurers classify this important medical procedure as cosmetic, 
however, and deny coverage for it. In addition, as many as 25 percent 
of women who undergo breast cancer treatments are affected by 
lymphedema, a complication resulting from mastectomy. Many insurers 
also refuse to cover treatment and management of this condition. This 
legislation will end these types of discrimination.
  Currently, 12 States have laws that require coverage for breast 
reconstruction following mastectomy. Nine States require coverage for 
prosthesis. This legislation will extend these protections to all 
women.
  This bill will amend the Public Health Service Act and the Employee 
Retirement Income Security Act in order to accomplish the following 
important actions:
  It requires insurers and companies that provide coverage for 
mastectomy to provide coverage for reconstructive breast surgery, 
prosthesis and other treatments which may be necessary as a result of 
surgical complications, including lymphedema;
  It prohibits monetary payments or rebates that encourage a woman to 
accept less than the minimum medical protection available; and
  Finally, it prohibits insurers using penalties or incentives to 
encourage providers to furnish levels of care inconsistent with this 
legislation.
  This bill has been endorsed by major national organizations involved 
in the diagnosis and treatment of breast cancer, including the American 
Cancer Society, the National Breast Cancer Coalition, the National 
Women's Health Network, and the national medical and nursing groups 
concerned with this disease.
  Our goal is to end the cruel and arbitrary practice that unfairly 
discriminates against breast cancer patients and their needs. I look 
forward to early action by Congress, and I hope that it will receive 
the overwhelming bipartisan support it deserves.
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