[Congressional Record Volume 160, Number 112 (Thursday, July 17, 2014)]
[Senate]
[Pages S4621-S4622]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself and Ms. Ayotte):
  S. 2622. A bill to require breast density reporting to physicians and 
patients by facilities that perform mammograms, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mrs. FEINSTEIN. Mr. President, despite significant progress in the 
diagnosis and treatment of breast cancer, this continues to be the 
second leading cause of cancer death for women, affecting one of every 
8 women in the United States.
  Women with dense breast tissue may receive a normal mammogram report 
even if cancer is present. Dense breast tissue makes it harder to catch 
cancer early because it can obscure cancer in the mammogram image. This 
is why, for some women, additional screening is so important in 
catching breast cancer early.
  Despite this risk for cancer being missed, when women receive their 
mammogram report there is no Federal standard for them to be told if 
they have dense tissue--even though this is already noted by the 
radiologist reading their mammogram.
  This bill simply requires that women be informed if they have dense 
tissue, and that they may want to talk with their doctor if they have 
questions and to find out if they might benefit from additional 
screening. Early detection is the key to survival. Withholding this 
kind of information from women just doesn't make sense.
  This bill sets a minimum Federal standard, so any state that wants to 
have additional reporting requirements may do so. The bill also 
requires the Department of Health and Human Services to focus on 
research regarding dense breast tissue, and better screening tools. 
Early detection is the key to beating cancer and patients deserve 
access to information that might just save their life.
  I urge my colleagues to join Senator Ayotte and me in supporting the 
Breast Density and Mammography Reporting Act. This commonsense bill 
increases transparency in medicine by

[[Page S4622]]

improving patients' access to their own health information and is 
supported by organizations including the American Cancer Society Cancer 
Action Network, Are You Dense Advocacy, Breast Cancer Fund, and Susan 
G. Komen for the Cure.
  I look forward to working with my colleagues on this important issue.
                                 ______
                                 
      By Mr. BOOKER (for himself, Mr. Blumenthal, Mr. Brown, Mr. 
        Franken, Mr. Whitehouse, Mrs. Feinstein, Mr. Tester, Mr. Wyden, 
        Ms. Warren, Ms. Baldwin, Ms. Hirono, Mr. Menendez, Mrs. 
        Gillibrand, Mrs. Boxer, Mrs. Murray, Mr. Sanders, Mr. Kaine, 
        Mr. Markey, Mr. Begich, Mrs. Shaheen, and Mr. Merkley):
  S. 2625. A bill to establish certain duties for pharmacies to ensure 
provision of Food and Drug Administration-approved contraception, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. BOOKER. Mr. President, I rise today to introduce with nineteen of 
my colleagues the Access to Birth Control Act of 2014, ABC Act, which 
protects an individual's right to birth control by requiring pharmacies 
to fill a valid prescription for birth control in a timely manner.
  Family planning is central to women's basic health care. Studies show 
that 99 percent of women will use contraception at some point in their 
lives. Yet, despite the prevalence of contraceptive use, women in at 
least 24 States across the country have reported incidents where 
pharmacists have refused to fill prescriptions for birth control or 
provide emergency contraception to individuals who do not require a 
prescription. Furthermore, 6 States permit refusals without patient 
protections, such as requirements to refer or transfer prescriptions, 
and 7 States allow refusals but prohibit pharmacists from obstructing 
patient access to medication. It is Unbelievable to me that in 2014 we 
are still debating a woman's right to make responsible and personal 
decisions about her own health.
  Thanks to the Affordable Care Act, insurance plans are required to 
cover preventive services, including birth control without a copay. 
Congress has an obligation to see that the intent of the Affordable 
Care Act to make preventive health care affordable and accessible comes 
to fruition and act to make sure that the pharmacy counter does not 
come between women and timely access to contraception.
  The ABC Act would ensure women's timely access to basic, preventative 
health care and ensures that women of age will not be denied birth 
control or emergency contraception by their pharmacist. The bill 
requires pharmacies to help a woman obtain medication by her preferred 
method if the requested product is not in stock and protects women from 
being intimidated when requesting contraception.
  Denying contraception to women represents an erosion of a woman's 
right to access to contraception and a threat to women's access to 
basic health care. Access is especially important for low-income women 
who may lack the resources to find an alternative pharmacy in the 
appropriate time frame and women living in rural areas who may not have 
multiple pharmacies near them. When women are seeking emergency 
contraception, a pharmacist's denial can be an unsurmountable obstacle 
to access within the limited timeframe.
  Under the ABC Act, if a requested product is not in stock, but the 
pharmacy stocks other forms of contraception, the pharmacy must help 
the woman obtain the medication without delay by the method of her 
preference: order, referral, or a transferred prescription. By placing 
the burden on the pharmacy--not the individual pharmacist--the ABC Act 
strikes a balance between the rights of individual pharmacists who 
might have personal religious objections to contraception and the 
rights of women to receive their validly prescribed medication.
  The idea that women would still have to fight for access to birth 
control is astonishing. It should be clear: personal health care 
decisions should be between women and their doctors. I'm proud to join 
with my colleagues in putting forward this legislation that will 
protect woman's right to access contraception throughout the country. A 
woman's rights must not be dependent on her zip code or State.
  I also want to acknowledge the late Senator Frank R. Lautenberg, who 
introduced a version of this legislation 5 times in the past. I am 
proud to build on Senator Lautenberg's leadership in defending a 
woman's right to make responsible and personal decisions about her own 
health.
  I look forward to working with my colleagues to build support for 
this bill.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Begich, and Ms. Hirono):
  S. 2629. A bill to require employers to notify employees and 
prospective employees of exemptions from otherwise required coverage of 
health services under group health plans; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2629

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Preventive Care Coverage 
     Notification Act''.

     SEC. 2. PROVIDING INFORMATION TO EMPLOYEES AND PROSPECTIVE 
                   EMPLOYEES.

       (a) Development of Standards.--With respect to an employer 
     (other than an organization that is organized and operates as 
     a nonprofit entity and is referred to in section 
     6033(a)(3)(A)(i) or (iii) of the Internal Revenue Code of 
     1986) that establishes or maintains a group health plan 
     (other than a grandfathered health plan as defined in section 
     1251 of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18011)) for its employees, the Secretary of Health and 
     Human Services, the Secretary of Labor, and the Secretary of 
     the Treasury shall jointly develop standards that require the 
     employer to provide notice to current and prospective 
     employees if the employer is exempted or excepted from 
     covering health services otherwise required to be covered 
     pursuant to title XXVII of the Public Health Service Act 
     (including preventive health services required under section 
     2713 of such Act). Such notice shall include a description of 
     the specific items and services that are not covered under 
     such plan as a result of such exemption or exception. Such 
     standards shall require that any notice provided under this 
     subsection be provided by the employer to employees and 
     prospective employees in a timely and easily understandable 
     manner.
       (b) Informing Employees of Limitations on Coverage.--With 
     respect to the notice required under subsection (a), an 
     employer shall be deemed to be in compliance with the 
     requirements of such section if the employer is an eligible 
     organization as defined in, and provides for the notice in 
     accordance with, regulations issued pursuant to section 2713 
     of the Public Health Service Act (42 U.S.C. 300gg-13).
       (c) Enforcement.--The provisions of this section shall 
     apply to employers acting as plan sponsors, group health 
     plans, and health insurance issuers as if enacted in the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1001 et seq.), the Public Health Service Act (42 U.S.C. 201 
     et seq.), and the Internal Revenue Code of 1986. Any failure 
     by an employer acting as a plan sponsor, a group health plan, 
     or a health insurance issuer to comply with the provisions of 
     this Act shall be subject to enforcement through part 5 of 
     subtitle B of title I of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1131 et seq.), section 2723 
     of the Public Health Service Act (42 U.S.C. 300gg-22), and 
     section 4980D of the Internal Revenue Code of 1986.
       (d) Application.--This section shall apply to plan years 
     beginning on or after July 1, 2014.

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