[Congressional Record Volume 147, Number 28 (Tuesday, March 6, 2001)]
[Extensions of Remarks]
[Page E283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     WOMEN'S HEALTH AND CANCER RIGHTS CONFORMING AMENDMENTS OF 2001

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                           HON. SUE W. KELLY

                              of new york

                    in the house of representatives

                         Tuesday, March 6, 2001

  Mrs. KELLY. Mr. Speaker, I rise today to introduce the Women's Health 
and Cancer Rights Conforming Amendments of 2001. This bill is a 
technical correction to legislation adopted by the 105th Congress that 
ensures reconstructive surgery coverage for all stages of 
reconstruction, including symmetrical reconstruction, for breast cancer 
patients.
  During the 105th Congress, I introduced 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 1998 Omnibus Budget Bill. While 
passage of that legislation was a wonderful step forward, a loophole 
has been identified which seriously weakens the intent of this 
legislation. The bill I am introducing again today, 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 begin to set the agenda for the 107th Congress, let us make this 
important correction to ensure the best possible support for breast 
cancer victims.

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