Full Text of HB3175 98th General Assembly
HB3175enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended 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 | 3 | | implementation of an education campaign to inform breast cancer | 4 | | patients, especially those in racial and ethnic minority | 5 | | groups, anticipating surgery regarding the availability and | 6 | | coverage of breast reconstruction, prostheses, and other | 7 | | options. The
campaign shall include the dissemination, at a | 8 | | minimum, on relevant State health Internet websites, including | 9 | | the Department of Public Health's Internet website, of the | 10 | | following 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 | 24 | | information, whether developed by the Director or by other | 25 | | entities, as the Director determines relevant.
The campaign | 26 | | shall not specify, or be designed to serve as a tool to limit, |
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| 1 | | the health care providers available to patients. | 2 | | (d) In developing the information to be disseminated under | 3 | | this Section, the Director shall consult with appropriate | 4 | | medical societies and patient advocates related to breast | 5 | | cancer, patient advocates representing racial and ethnic | 6 | | minority groups, with a special emphasis on African-American | 7 | | and Hispanic population's breast reconstructive surgery, and | 8 | | breast prostheses and breast forms. | 9 | | (e) Beginning no later than 2 years after the effective | 10 | | date of this amendatory Act of the 98th General Assembly and | 11 | | continuing each second year thereafter, the Director shall | 12 | | submit to the General Assembly a report describing the | 13 | | activities carried out under this Section during the preceding | 14 | | 2 fiscal years, including evaluating the extent to which the | 15 | | activities have been effective in improving the health of | 16 | | racial and ethnic minority groups.
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