Illinois General Assembly - Full Text of Public Act 098-0479
Illinois General Assembly

Previous General Assemblies

Public Act 098-0479





Public Act 098-0479
HB3175 EnrolledLRB098 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
    (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
        (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.

Effective Date: 1/1/2014