[Congressional Record Volume 149, Number 143 (Tuesday, October 14, 2003)]
[Senate]
[Page S12546]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself, Mrs. Murray, Mr. Biden, and Mrs. 
        Feinstein):
  S. 1730. A bill to require that health plans provide coverage for a 
minimum hospital stay for mastectomies, lumpectomies, and lymph node 
dissection for the treatment of breast cancer and coverage for 
secondary consultations; to the Committee on Health, Education, Labor, 
and Pensions.
  Ms. SNOWE. Mr. President, I rise today to reintroduce the Women's 
Health and Cancer Rights Act. I am pleased to be joined by my friends, 
Senator Murray of Washington and Senator Biden of Delaware, and Senator 
Feinstein of California, as original cosponsors of this bill.
  This bill has a two-fold purpose. First, it will ensure that 
appropriate medical care determines how long a woman stays in the 
hospital after undergoing a mastectomy--not a predetermined amount of 
time legislated by Congress. This provision says that inpatient 
coverage with respect to the treatment of mastectomy, lumpectomy, or 
lymph node dissection--regardless of whether the patient's plan is 
regulated by ERISA or State regulations--will be provided for a period 
of time as is determined by the attending physician, in consultation 
with the patient, to be medically necessary and appropriate. Second, 
this bill allows any person facing a cancer diagnosis of any type to 
get a second opinion on their course of treatment.
  A diagnosis of breast cancer is something that every woman dreads. 
But for an estimated 192,020 American women, this is the year their 
worst fears will be realized. One thousand new cases of breast cancer 
will be diagnosed among the women in Maine, and 200 women in my home 
State will die from this tragic disease. The fact is, one in nine women 
will develop breast cancer during their lifetime, and for women between 
the ages of 35 and 54, there is no other disease which will claim more 
lives.
  It's not hard to understand why the words ``you have breast cancer'' 
are some of the most frightening words in the English language. For the 
woman who hears them, everything changes from that moment forward. No 
wonder, then, that it is a diagnosis not only accompanied by fear, but 
also by uncertainty. What will become of me? What will they have to do 
to me? What will I have to endure? What's the next step?

  For many women, the answer to that last question is a mastectomy or 
lumpectomy. Despite the medical and scientific advances that have been 
made, despite the advances in early detection technology that more and 
more often negate the need for radical surgery, it still remains a fact 
of life at the beginning of the 21st century these procedures can be 
the most prudent option in attacking and eradicating cancer found in a 
woman's breast.
  These are the kind of decisions that come with a breast cancer 
diagnosis. These are the kind of questions women must answer, and they 
must do so under some of the most stressful and frightening 
circumstances imaginable. The last question a woman should have to 
worry about at a time like this is whether or not their health 
insurance plan will pay for appropriate care after a mastectomy or 
lumpectomy, or that she won't be able to remain in a doctor's immediate 
care for as long as she needs to be. A woman diagnosed with breast 
cancer in many ways already feels as though she has lost control of her 
life. She should not feel as though she has also lost control of her 
course of treatment.
  The evidence for the need for this bill--especially when it comes to 
so-called ``drive through mastectomies'', is more than just 
allegorical. Indeed, the facts speak for themselves--between 1986 and 
1995, the average length of stay for a mastectomy dropped from about 
six days to about two to three days. Thousands of women across the 
country are undergoing radical mastectomies on an outpatient basis and 
are being forced out of the hospital before either they or their doctor 
think it's reasonable or prudent.
  This decision must be returned to physicians and their patients, and 
all Americans who face the possibility of a cancer diagnosis must be 
able to make informed decisions about appropriate and necessary medical 
care.
  I urge my colleagues to join me in supporting this bill and work 
towards passing it this year.

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