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| | HB3175 Enrolled | | LRB098 09375 RPM 39516 b |
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1 | | AN ACT concerning health.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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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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