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| Public Act 098-0479 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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.
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