Public Act 098-0479

HB3175 Enrolled LRB098 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.