Illinois General Assembly - Full Text of HB3175
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Full Text of HB3175  98th General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by adding Section 2310-665 as follows:
7    (20 ILCS 2310/2310-665 new)
8    Sec. 2310-665. Breast cancer patient education.
9    (a) The General Assembly makes the following findings:
10        (1) Annually, about 207,090 new cases of breast cancer
11    are diagnosed, according to the American Cancer Society.
12        (2) Breast cancer has a disproportionate and
13    detrimental impact on African-American women and is the
14    most common cancer among Hispanic and Latina women.
15        (3) African-American women under the age of 40 have a
16    greater incidence of breast cancer than Caucasian women of
17    the same age.
18        (4) Individuals undergoing surgery for breast cancer
19    should give due consideration to the option of breast
20    reconstructive surgery, either at the same time as the
21    breast cancer surgery or at a later date.
22        (5) According to the American Cancer Society,
23    immediate breast reconstruction offers the advantage of



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1    combining the breast cancer surgery with the
2    reconstructive surgery and is cost effective.
3        (6) According to the American Cancer Society, delayed
4    breast reconstruction may be advantageous in women who
5    require post-surgical radiation or other treatments.
6        (7) A woman suffering from the loss of her breast may
7    not be a candidate for surgical breast reconstruction or
8    may choose not to undergo additional surgery and instead
9    choose breast prostheses.
10        (8) The federal Women's Health and Cancer Rights Act of
11    1998 requires health plans that offer breast cancer
12    coverage to also provide for breast reconstruction.
13        (9) Required coverage for breast reconstruction
14    includes all the necessary stages of reconstruction.
15    Surgery of the opposite breast for symmetry may be
16    required. Breast prostheses may be necessary. Other
17    sequelae of breast cancer treatment, such as lymphedema,
18    must be covered.
19        (10) Several states have enacted laws to require that
20    women receive information on their breast cancer treatment
21    and reconstruction options.
22    (b) In this Section:
23        "Hispanic" has the same meaning as in Section 1707 of
24    the federal Public Health Services Act.
25        "Racial and ethnic minority group" has the same meaning
26    as in Section 1707 of the federal Public Health Services



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1    Act.
2    (c) The Director shall provide for the planning and
3implementation of an education campaign to inform breast cancer
4patients, especially those in racial and ethnic minority
5groups, anticipating surgery regarding the availability and
6coverage of breast reconstruction, prostheses, and other
7options. The campaign shall include the dissemination, at a
8minimum, on relevant State health Internet websites, including
9the Department of Public Health's Internet website, of the
10following information:
11        (1) Breast reconstruction is possible at the time of
12    breast cancer surgery or in a delayed fashion.
13        (2) Prostheses or breast forms may be available.
14        (3) Federal law mandates both public and private health
15    plans to include coverage of breast reconstruction and
16    prostheses.
17        (4) The patient has a right to choose the provider of
18    reconstructive care, including the potential transfer of
19    care to a surgeon that provides breast reconstructive care.
20        (5) The patient may opt to undergo breast
21    reconstruction in a delayed fashion for personal reasons or
22    after completion of all other breast cancer treatments.
23    The campaign may include dissemination of such other
24information, whether developed by the Director or by other
25entities, as the Director determines relevant. The campaign
26shall not specify, or be designed to serve as a tool to limit,



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1the health care providers available to patients.
2    (d) In developing the information to be disseminated under
3this Section, the Director shall consult with appropriate
4medical societies and patient advocates related to breast
5cancer, patient advocates representing racial and ethnic
6minority groups, with a special emphasis on African-American
7and Hispanic population's breast reconstructive surgery, and
8breast prostheses and breast forms.
9    (e) Beginning no later than 2 years after the effective
10date of this amendatory Act of the 98th General Assembly and
11continuing each second year thereafter, the Director shall
12submit to the General Assembly a report describing the
13activities carried out under this Section during the preceding
142 fiscal years, including evaluating the extent to which the
15activities have been effective in improving the health of
16racial and ethnic minority groups.