[Congressional Record Volume 149, Number 49 (Wednesday, March 26, 2003)]
[Extensions of Remarks]
[Pages E582-E583]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      WOMEN'S CANCER RECOVERY ACT

                                 ______
                                 

                         HON. FRANK A. LoBIONDO

                             of new jersey

                    in the house of representatives

                       Wednesday, March 26, 2003

  Mr. LoBIONDO. Mr. Speaker, I rise today to speak on behalf of the 
Women's Cancer Recovery Act, a bill I introduced today with my 
colleague, Representative Sue Myrick. This important piece of 
legislation would provide a significant measure of relief for women 
across our Nation who are confronted by breast cancer. We introduce 
this bill on behalf of women who are now fighting the battle against 
breast cancer, and for any friends and relatives who may have lost a 
loved one to this terrible disease.
  According to the National Breast Cancer Foundation, this year 182,000 
new breast cancer diagnoses are expected in the United States. 
Fortunately, with increased early detection through mammography and 
improved surgery options, the past two decades have seen large 
improvements in the treatment of breast cancer. However, although some 
of the trauma associated with breast cancer treatment has been reduced, 
in recent years there has been a sharp rise in the number of 
outpatient, or ``drive-through,'' mastectomies. Of particular concern 
to me is that insurance plans, rather than the patient and her 
physician, have been determining the appropriate length of 
postoperative hospital stay.
  Specifically, our legislation would address these concerns by 
requiring insurance plans that provide breast cancer medical and 
surgical benefits to guarantee medically appropriate and adequate 
inpatient care following a mastectomy, lumpectomy or lymph node 
dissection. This legislation will help to end the practice of ``drive-
through'' mastectomies and will also protect doctors from any penalties 
or reductions in reimbursement from insurance plans when they follow 
their judgment on what is medically appropriate and necessary for the 
patient.
  Most importantly, group health insurers will not be able to provide 
``bonuses'' or any other financial incentives to a physician in order 
to keep in-patient stays below certain limits, or limit referrals to 
second opinions.

[[Page E583]]

  Our legislation also requires health care providers to pay for 
secondary consultations when test results come back either negative or 
positive. This provision will give all patients the benefit of a second 
opinion in relation to diagnosing all types of cancer, not just breast 
cancer.
  I am proud to say that the Women's Cancer Recovery Act will empower 
women to determine the best course of care. Recovery time from a 
mastectomy will not be decided by an insurance company actuary. Rather, 
it will be decided by someone with medical expertise, which, in most 
cases, is the familiar face of the woman's doctor.
  I hope that this legislation will at least ease some of the fear 
associated with mas- tectomies. Breast cancer is devastating enough for 
a woman and her family to cope with, without the added burden of 
overcoming obstacles to treatment.
  I urge my colleagues to support and adopt the Women's Cancer Recovery 
Act of 2003.

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