Health Care Availability and Access Committee
Filed: 2/28/2007
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1 | AMENDMENT TO HOUSE BILL 147
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2 | AMENDMENT NO. ______. Amend House Bill 147 by replacing | ||||||
3 | lines 4 through 23 on page 1 and lines 1 through 16 on page 2 | ||||||
4 | with the following:
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5 | "Section 2. The Department of Public Health Powers and | ||||||
6 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
7 | amended by changing Section 2310-345 as follows:
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8 | (20 ILCS 2310/2310-345) (was 20 ILCS 2310/55.49)
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9 | Sec. 2310-345. Breast cancer; written summary regarding | ||||||
10 | early detection and
treatment. | ||||||
11 | (a) From funds made available for this purpose, the
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12 | Department shall publish, in layman's language, a
standardized | ||||||
13 | written summary outlining methods for the early detection and
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14 | diagnosis of breast cancer. The summary shall include | ||||||
15 | recommended
guidelines for screening and detection of breast | ||||||
16 | cancer through the use of
techniques that shall include but not |
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1 | be limited to self-examination and
diagnostic radiology.
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2 | (b) The summary shall also suggest that women seek | ||||||
3 | mammography
services from facilities that
are certified to | ||||||
4 | perform mammography as required by the
federal Mammography | ||||||
5 | Quality Standards Act of 1992.
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6 | (c) The summary shall also include the medically viable
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7 | alternative
methods for the treatment of breast cancer, | ||||||
8 | including, but not limited to,
hormonal, radiological, | ||||||
9 | chemotherapeutic, or surgical treatments or
combinations | ||||||
10 | thereof. The summary shall contain information on breast
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11 | reconstructive surgery, including, but not limited to, the use | ||||||
12 | of breast
implants and their side effects.
The summary shall | ||||||
13 | inform the
patient of the advantages, disadvantages, risks, and | ||||||
14 | dangers of the various
procedures.
The summary shall include | ||||||
15 | (i) a statement that mammography is the most
accurate method | ||||||
16 | for making an early detection of breast cancer, however, no
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17 | diagnostic tool is 100% effective and (ii) instructions for
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18 | instructions for performing breast self-examination and a | ||||||
19 | statement that
it is
important to perform a breast | ||||||
20 | self-examination monthly.
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21 | (c-5) The summary shall specifically address the benefits | ||||||
22 | of early detection and regular comprehensive clinical breast | ||||||
23 | examinations as well as the mandate that health and government | ||||||
24 | benefit payers pay for the breast examinations.
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25 | (d) In developing the summary, the Department shall consult | ||||||
26 | with the
Advisory Board of Cancer Control, the Illinois State |
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1 | Medical Society and
consumer groups. The summary shall be | ||||||
2 | updated by the Department every 2 years.
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3 | (e) The summaries shall additionally be translated into | ||||||
4 | Spanish, and
the Department shall conduct a public information | ||||||
5 | campaign to distribute
the summaries to the Hispanic women of | ||||||
6 | this State in order to inform them
of the importance of early | ||||||
7 | detection and mammograms.
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8 | (f) The Department shall distribute the summary to | ||||||
9 | hospitals, public
health centers, and physicians who are likely | ||||||
10 | to perform or order
diagnostic
tests for breast disease or | ||||||
11 | treat breast cancer by surgical or other
medical methods. Those | ||||||
12 | hospitals, public health centers, and physicians
shall make the | ||||||
13 | summaries available to the public. The Department shall
also | ||||||
14 | distribute the summaries to any person, organization, or other
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15 | interested parties upon request. The summaries may be | ||||||
16 | duplicated by any
person, provided the copies are identical to | ||||||
17 | the current summary
prepared
by the Department.
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18 | (g) The summary shall display, on the inside of its cover, | ||||||
19 | printed in
capital letters, in bold face type, the following | ||||||
20 | paragraph:
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21 | "The information contained in this brochure regarding | ||||||
22 | recommendations for
early detection and diagnosis of breast | ||||||
23 | disease and alternative breast
disease treatments is only for | ||||||
24 | the purpose of assisting you, the patient,
in understanding the | ||||||
25 | medical information and advice offered by your
physician. This | ||||||
26 | brochure cannot serve as a substitute for the sound
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1 | professional advice of your physician. The availability of this | ||||||
2 | brochure
or the information contained within is not intended to | ||||||
3 | alter, in any way,
the existing physician-patient | ||||||
4 | relationship, nor the existing professional
obligations of | ||||||
5 | your physician in the delivery of medical services to you,
the | ||||||
6 | patient."
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7 | (h) The summary shall be updated when necessary.
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8 | (Source: P.A. 91-239, eff. 1-1-00; revised 10-19-05.)
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9 | Section 5. The Illinois Insurance Code is amended by adding | ||||||
10 | Section 356g.5 as follows: | ||||||
11 | (215 ILCS 5/356g.5 new) | ||||||
12 | Sec. 356g.5. Comprehensive clinical breast exam. | ||||||
13 | (a) The General Assembly finds that comprehensive clinical | ||||||
14 | breast examinations are a critical tool in the early detection | ||||||
15 | of breast cancer, while the disease is in its earlier and | ||||||
16 | potentially more treatable stages. Insurer reimbursement of | ||||||
17 | comprehensive clinical breast examinations is essential to the | ||||||
18 | effort to reduce breast cancer deaths in Illinois. | ||||||
19 | (b) Every insurer shall provide, in each group or | ||||||
20 | individual policy, contract, or certificate of accident or | ||||||
21 | health insurance issued or renewed for persons who are | ||||||
22 | residents of Illinois, coverage for a complete and thorough | ||||||
23 | comprehensive clinical breast examination for each breast, | ||||||
24 | performed by a physician licensed to practice medicine in all |
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1 | its branches, an advanced practice nurse who has a | ||||||
2 | collaborative agreement with a collaborating physician that | ||||||
3 | authorizes comprehensive breast
examinations, or a physician | ||||||
4 | assistant who has been delegated authority to provide | ||||||
5 | comprehensive breast examinations, to check for lumps and other | ||||||
6 | changes for the purpose of early detection and prevention of | ||||||
7 | breast cancer as follows: | ||||||
8 | (1) annually for women 18 years of age and older; and | ||||||
9 | (2) at any time at the recommendation of the woman's | ||||||
10 | health care professional. | ||||||
11 | (c) An insurance policy, contract, or certificate must | ||||||
12 | provide separate and distinct coverage for physical | ||||||
13 | examinations of the breast as described in subsection (b) | ||||||
14 | regardless of whether a health care professional performs other | ||||||
15 | preventive women's health examinations or makes a referral for | ||||||
16 | other preventive women's health examinations at the same time | ||||||
17 | the health care professional performs
the breast | ||||||
18 | examination. ".
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