Full Text of HB3175 98th General Assembly
HB3175enr 98TH GENERAL ASSEMBLY
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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)
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
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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
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(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
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
(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
(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.
shall not specify, or be designed to serve as a tool to limit,
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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.