WashingtonWatch.com - H.R. 758, The Breast Cancer Patient Protection Act of 2007

Comment by CCharles (December 27, 2008, 01:00:00)

Sat, 27 Dec 2008 00:00:00 EST

Just had a bilateral mastectomy this past Monday. There was no way I could have gone home afterward. Too much pain and needed help getting in an out of bed and to the toilet. It felt like a piano had been dropped on my chest of like I had been pinned under a car. I did not have strength to reach for the pitcher at the bedside table to pour myself a cup of water. A minimal 1-night stay for mastectomy patients is essential....

Comment by SK (December 5, 2008, 01:00:00)

Fri, 05 Dec 2008 00:00:00 EST

A note to the "What about the men" post: Your quote doesn't say anywhere that outpatient surgery for prostate cancer has increased. In fact, it doesn't really say ANYTHING. If I support breast cancer patients it doesn't mean I DON'T support other cancer victims and survivors. And to the senate: PASS THIS BILL. A version of it has been around since 2001, and that's WAY too long....

Revision by webmaster (December 5, 2008, 01:00:00)

Fri, 05 Dec 2008 00:00:00 EST

H.R. 758 would require that health plans provide coverage for a minimum hospital stay for mastectomies, lumpectomies, and lymph node dissection for the treatment of breast cancer and coverage for secondary consultations.

Detailed Summary

Breast Cancer Patient Protect Act of 2008 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan or a health issuer offering group health insurance coverage that provides medical and surgical benefits to ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy are provided for breast cancer treatment. Prohibits such a plan or issuer from: (1) restricting benefits for any hospital length of stay to less than 48 hours in connection with a mastectomy or breast conserving surgery or 24 hours in connection with a lymph node dissection, insofar as the attending physician, in consultation with the patient, determines such stay to be medically necessary; or (2) requiring that a provider obtain authorization from the plan or issuer for prescribing any such length of stay.

Requires such a plan or issuer to: (1) provide notice (prominently in the summary of the plan) to each participant and beneficiary regarding the coverage required under this Act; (2) ensure that coverage is provided for secondary consultations (on terms and conditions that are no more restrictive than those applicable to the initial consultations) by specialists in the appropriate medical fields to confirm or refute a diagnosis of cancer; and (3) ensure that coverage is provided for such secondary consultations whether the consultation is based on a positive or negative initial diagnosis.

Prohibits such a plan or issuer from: (1) penalizing or otherwise reducing or limiting the reimbursement of a provider or specialist because of care to a participant or beneficiary in accordance with this Act; (2) providing incentives for a physician or specialist to keep the length of inpatient stays below certain limits following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer or to limit referrals for secondary consultations; or (3) providing incentives for a physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered.

Applies such requirements to health insurance issuers offering coverage in the individual market.

Allows a health insurance issuer that provides individual health insurance coverage to nonrenew or discontinue an individual's coverage based on the intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed. Sets forth procedures for notice and independent, external review of any proposed nonrenewal, discontinuation, or rescission of health insurance coverage.

Status of the Legislation

Latest Major Action: 9/25/2008: Received in the Senate.

Points in Favor

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Points Against

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Revision by webmaster (September 26, 2008, 01:00:00)

Fri, 26 Sep 2008 00:00:00 EDT

Detailed Summary

Breast Cancer Patient Protect Action of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan or a health issuer offering group health insurance coverage that provides medical and surgical benefits to ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy are provided for breast cancer treatment. Prohibits such a plan or issuer from: (1) restricting benefits for any hospital length of stay to less than 48 hours in connection with a mastectomy or breast conserving surgery or 24 hours in connection with a lymph node dissection; or (2) requiring that a provider obtain authorization from the plan or issuer for prescribing any such length of stay.

Requires such a plan or issuer to: (1) provide notice to each participant and beneficiary regarding the coverage required under this Act; and (2) ensure that full coverage is provided for secondary consultations by specialists in the appropriate medical fields to confirm or refute a diagnosis of cancer.

Applies such requirements to health insurance issuers offering coverage in the individual market.

Status of the Legislation

Latest Major Action: 9/25/2008: Received in the Senate.

Points in Favor

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Points Against

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Status as of September 25, 2008

Thu, 25 Sep 2008 00:00:00 EDT

9/25/2008: Received in the Senate.

Comment by What about the Men (September 24, 2008, 01:00:00)

Wed, 24 Sep 2008 00:00:00 EDT

Women get all the statutory protections. What about the men? Nearly 1 in 6 men will be diagnosed with Prostate Cancer (higher rate than women and breast cancer) and 2,000,000 men live with the disease. According to the Healthcare Cost and Utilization Project, "Although the hospitalization rate for prostate cancer decreased by nearly 30 percent between 1997 and 2004, the use of an open prostatectomy during inpatient hospitalization remained relatively stable. However, the rate of inpatient TURPs performed during this period declined by about 44 percent, decreasing from 117.1 inpatient procedures per 100,000 males in 1997 to 65.8 inpatient procedures per 100,000 males in 2004. This decrease was especially marked between 2001 and 2004, during which time a decrease of about 30 percent was noted." Yet no statutory protection for men. No 3 day walks. No big pink ribbons. Hmmmmmm. Where's your concern there. Sounds like discrimination to me....

Revision by webmaster (September 24, 2008, 01:00:00)

Wed, 24 Sep 2008 00:00:00 EDT

Detailed Summary

Applies such requirements to health insurance issuers offering coverage in the individual market.

Status of the Legislation

Latest Major Action: 9/23/2008: House floor actions. Status: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

Points in Favor

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Points Against

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Status as of September 23, 2008

Tue, 23 Sep 2008 00:00:00 EDT

9/23/2008: House floor actions. Status: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

Revision by webmaster (September 18, 2008, 01:00:00)

Thu, 18 Sep 2008 00:00:00 EDT

Detailed Summary

Applies such requirements to health insurance issuers offering coverage in the individual market.

Status of the Legislation

Latest Major Action: 9/17/2008: House committee/subcommittee actions. Status: Ordered to be Reported (Amended) by Voice Vote.

Points in Favor

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Points Against

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Status as of September 17, 2008

Wed, 17 Sep 2008 00:00:00 EDT

9/17/2008: House committee/subcommittee actions. Status: Ordered to be Reported (Amended) by Voice Vote.

Comment by Sukie Knight (July 10, 2008, 01:00:00)

Thu, 10 Jul 2008 00:00:00 EDT

I know all about "bills never coming out of committee." Who serves on this committee where this bill is languishing now for nearly 19 months-time for any woman to create, incubate and deliver two children. If all the folks on the committee holding this bill hostage, thought of their mothers anbd sisters and grams and aunts and lady teachers, and listened and voted, then all of the 200,000 women who will get diagnosed with breast cancer this year, might have a chance at some rest and quality care IN A HOSPITAL while they ar healing from breast cancer surgery. All the 40,000 women WHOW WILL DIE THIS YEAR FROM BREAST CANCER MIGHT AT LEAST HAVE SOME COMFORT FOR A FEW DAYS FOLLOWING THIS PAINFUL SURGERY. For all and anyone, women and men reading this please get involved, write call email fax your congresspeople to get this bill out of committee now. And why is there only the name of ONE(1) woman on this bill in the house, Joann Davis who sponsored it. Where Are the rest of the women?...

Comment by guess wh o (July 10, 2008, 01:00:00)

Thu, 10 Jul 2008 00:00:00 EDT

this system is such a joke, when you are limited to 1000 words. Who counts when they type in an "open" window? If you want only 1000 words then limit the size of the window to accommodate only 100 words and what is the with the secret word to enter the mail once it is written. Is this the CIA of Bush or what....

Comment by Marti Swanson (June 30, 2008, 01:00:00)

Mon, 30 Jun 2008 00:00:00 EDT

Please expedite the passage of this bill. Help to alleviate the suffering of your sisters, wives, daughters and mothers. Also, do not forget that men suffer from breast cancer, too. Please act quickly....

Comment by Ann F. Schatzle (June 23, 2008, 01:00:00)

Mon, 23 Jun 2008 00:00:00 EDT

Please realize that this bill covers all insured Americans, not just women. Men can and do have breast cancer, as well. As a breast cancer survivor, I urge you to pass this bill. I had little assistance after my surgery. No one should have to endure that....

Comment by Pushing 60 (May 26, 2008, 01:00:00)

Mon, 26 May 2008 00:00:00 EDT

Please EXPEDITE the passage of this bill in the interest of your mother, your wife (or yourself), your daughter(s)and all females requiring mastectomies. Why it has already taken this long is a disgrace to the aforementioned ladies in your life--it's a small gesture, but a worthwhile one. Thank you for your consideration....

Revision by webmaster (May 23, 2008, 01:00:00)

Fri, 23 May 2008 00:00:00 EDT

Detailed Summary

Applies such requirements to health insurance issuers offering coverage in the individual market.

Status of the Legislation

Latest Major Action: 5/18/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.

Points in Favor

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Points Against

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Revision by webmaster (May 23, 2008, 01:00:00)

Fri, 23 May 2008 00:00:00 EDT

Detailed Summary

Applies such requirements to health insurance issuers offering coverage in the individual market.

Status of the Legislation

Latest Major Action: 5/21/2008: House committee/subcommittee actions. Status: Subcommittee Hearings Held.

Points in Favor

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Points Against

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Status as of May 21, 2008

Wed, 21 May 2008 00:00:00 EDT

5/21/2008: House committee/subcommittee actions. Status: Subcommittee Hearings Held.

Comment by Ann Hall (April 2, 2008, 01:00:00)

Wed, 02 Apr 2008 00:00:00 EDT

Please pass this bill so that women, and their families, who are already traumatized by cancer, can receive a few inpatient days of professional healthcare prior to going back to their lives....

Comment by Elizabeth L. Waller (March 28, 2008, 01:00:00)

Fri, 28 Mar 2008 00:00:00 EDT

I respectfully request that this bill be passed now. Please do not allow it to languish in committee again. Too many women must endure additional suffering. They have suffered enough....

Comment by Brenda McWhorter (March 28, 2008, 01:00:00)

Fri, 28 Mar 2008 00:00:00 EDT

I request that this bill be passed now.These are your daughters mothers, wives,friends,girl friends,grandmothers that are calling out for your protection....

Comment by Clurie Bennis (March 13, 2008, 01:00:00)

Thu, 13 Mar 2008 00:00:00 EDT

Surely this is a medical issue of great importance to women in their prime, and their families, NOT a political issue, and not one to be decided by commercial interests, but by Health and Welfare? Why not quickly?...

Comment by Concerned (February 25, 2008, 01:00:00)

Mon, 25 Feb 2008 00:00:00 EST

This bill needs to be passed now. Congress, let us know you can do something worthwhile besides earmarks and worhtless rebate checks that will not even help us!...

Comment by Catherine Simon (October 3, 2007, 01:00:00)

Wed, 03 Oct 2007 00:00:00 EDT

Please do not let this bill languish in committee. I am respetfully requesting that it be brought up for thorough discussion and brought to the floor. Thank you....

Status as of May 18, 2007

Fri, 18 May 2007 00:00:00 EDT

5/18/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.