Public Act 098-0479
 
HB3175 EnrolledLRB098 09375 RPM 39516 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Department of Public Health Powers and 
Duties Law of the
Civil Administrative Code of Illinois is 
amended by adding Section 2310-665 as follows:
 
    (20 ILCS 2310/2310-665 new)
    Sec. 2310-665. Breast cancer patient education.
    (a) The General Assembly makes the following findings:
        (1) Annually, about 207,090 new cases of breast cancer 
    are diagnosed, according to the American Cancer Society.
        (2) Breast cancer has a disproportionate and 
    detrimental impact on African-American women and is the 
    most common cancer among Hispanic and Latina women.
        (3) African-American women under the age of 40 have a 
    greater incidence of breast cancer than Caucasian women of 
    the same age.
        (4) Individuals undergoing surgery for breast cancer 
    should give due consideration to the option of breast 
    reconstructive surgery, either at the same time as the 
    breast cancer surgery or at a later date.
        (5) According to the American Cancer Society, 
    immediate breast reconstruction offers the advantage of 
    combining the breast cancer surgery with the 
    reconstructive surgery and is cost effective.
        (6) According to the American Cancer Society, delayed 
    breast reconstruction may be advantageous in women who 
    require post-surgical radiation or other treatments.
        (7) A woman suffering from the loss of her breast may 
    not be a candidate for surgical breast reconstruction or 
    may choose not to undergo additional surgery and instead 
    choose breast prostheses.
        (8) The federal Women's Health and Cancer Rights Act of 
    1998 requires health plans that offer breast cancer 
    coverage to also provide for breast reconstruction.
        (9) Required coverage for breast reconstruction 
    includes all the necessary stages of reconstruction. 
    Surgery of the opposite breast for symmetry may be 
    required. Breast prostheses may be necessary. Other 
    sequelae of breast cancer treatment, such as lymphedema, 
    must be covered.
        (10) Several states have enacted laws to require that 
    women receive information on their breast cancer treatment 
    and reconstruction options.
    (b) In this Section:
        "Hispanic" has the same meaning as in Section 1707 of 
    the federal Public Health Services Act.
        "Racial and ethnic minority group" has the same meaning 
    as in Section 1707 of the federal Public Health Services 
    Act.
    (c) The Director shall provide for the planning and 
implementation of an education campaign to inform breast cancer 
patients, especially those in racial and ethnic minority 
groups, anticipating surgery regarding the availability and 
coverage of breast reconstruction, prostheses, and other 
options. The
 campaign shall include the dissemination, at a 
minimum, on relevant State health Internet websites, including 
the Department of Public Health's Internet website, of the 
following information:
        (1) Breast reconstruction is possible at the time of 
    breast cancer surgery or in a delayed fashion.
        (2) Prostheses or breast forms may be available.
        (3) Federal law mandates both public and private health 
    plans to include coverage of breast reconstruction and 
    prostheses.
        (4) The patient has a right to choose the provider of 
    reconstructive care, including the potential transfer of 
    care to a surgeon that provides breast reconstructive care.
        (5) The patient may opt to undergo breast 
    reconstruction in a delayed fashion for personal reasons or 
    after completion of all other breast cancer treatments.
    The campaign may include dissemination of such other 
information, whether developed by the Director or by other 
entities, as the Director determines relevant.
The campaign 
shall not specify, or be designed to serve as a tool to limit, 
the health care providers available to patients.
    (d) In developing the information to be disseminated under 
this Section, the Director shall consult with appropriate 
medical societies and patient advocates related to breast 
cancer, patient advocates representing racial and ethnic  
minority groups, with a special emphasis on African-American 
and Hispanic population's breast reconstructive surgery, and 
breast prostheses and breast forms.
    (e) Beginning no later than 2 years after the effective 
date of this amendatory Act of the 98th General Assembly and 
continuing each second year thereafter, the Director shall 
submit to the  General Assembly a report describing the 
activities carried out under this Section during the preceding 
2 fiscal years, including evaluating the extent to which the 
activities have been effective in improving the health of 
racial and ethnic minority groups.