[Congressional Record Volume 145, Number 155 (Friday, November 5, 1999)]
[Extensions of Remarks]
[Page E2276]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     WOMEN'S HEALTH AND CANCER RIGHTS CONFORMING AMENDMENTS OF 1999

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                           HON. SUE W. KELLY

                              of new york

                    in the house of representatives

                       Thursday, November 4, 1999

  Mrs. KELLY. Mr. Speaker, I rise today to introduce the Women's Health 
and Cancer Rights Conforming Amendments of 1999. This bill is a 
technical correction to legislation adopted by Congress last year that 
ensures reconstructive surgery coverage for all stages of 
reconstruction, including symmetrical reconstruction, for breast cancer 
patients.
  In the last Congress I introduced H.R. 616, the Women's Health and 
Cancer Rights Act of 1998. A specific provision of this bill that 
requires coverage for reconstructive procedures after breast cancer 
surgery was passed into law in Title IX of the Omnibus Budget Bill. 
While passage of last year's legislation was a wonderful step forward, 
a loophole has been identified which seriously weakens the intent of 
this legislation. The bill I am proposing would correct this flaw by 
conforming the Internal Revenue Code of 1986 to the requirements 
consistent with the Women's Health and Cancer Rights Act. This change 
would provide a civil monetary penalty against those health plans who 
fail to provide coverage for breast reconstruction following mastectomy 
or other breast cancer surgery.
  There is indeed precedence for such a technical correction. Similar 
corrections were made to the Internal Revenue Code as part of the 
Taxpayer's Relief Act of 1997 to ensure compliance to the Mental Health 
Parity Act of 1996 and the Newborns' and Mothers' Health Protection Act 
of 1996. The correction I am seeking today is like these and would 
ensure compliance to the Women's Health and Cancer Rights Act of 1998.
  Studies have documented that the fear of losing a breast is a leading 
reason why women do not participate in early breast cancer detection 
programs. Now that coverage is guaranteed for reconstructive surgery 
following breast cancer surgery, it is time to put the teeth in that 
language and hold health plans accountable for providing that coverage. 
As we continue this month of Breast Cancer Awareness, let us make this 
important correction to ensure the best possible support for breast 
cancer victims.

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