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On October 21, 1998, a new federal law entitled the
"Women's Health and Cancer Rights Act" became
effective. It requires group health plans sponsored by
public and private employers to provide coverage for certain
reconstructive surgery follows mastectomy. It's effective
for group plans as of the first plan year beginning on
or after October 21, 1998 (the date it was signed). There
is no delayed effective date for collectively bargained
plans. (The new law also applies to individual insurance
products, for which the effective date is October 21,
1998.)
The new law also requires that the insurer
or HMO send you a notice explaining the required benefits.
They must send this initial notice before January 1, 1999
[for plan years beginning on or after October 21, 1998
and on or before January 1, 1999] and they must notify
you annually at each open enrollment.
The specific requirements of the new
law are that a plan which provides medical and surgical
benefits for mastectomies must cover the following benefits
for a member who undergoes a medically necessary mastectomy
and who elects breast reconstruction after surgery:
-
reconstruction of the breast on which the mastectomy
was performed;
-
surgery and reconstruction of the other breast to
achieve a symmetrical appearance, and
-
prostheses and treatment of treatment of physical
complications of all stages of the mastectomy, including
lymphedemas.
This coverage will be provided as determined by the
attending physician in consultation with the patient, and will be provided
in a manner consistent with that applicable to other benefits (e.g.,
same annual deductibles and cost sharing provisions that apply for other
benefits).
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