- Not enactedThe President has not signed this bill
- The senate has not voted
- The house has not voted
Committee on Education and LaborHealth, Employment, Labor, and PensionsCommittee on Energy and CommerceHealthCommittee on Ways and MeansIntroducedMarch 24th, 2009
- house Committees
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Breast Cancer Patient Protection Act of 2009
To require that health plans provide coverage for a minimum hospital stay for mastectomies, lumpectomies, and lymph node dissection for the treatment of breast cancer and coverage for secondary consultations.
Breast Cancer Patient Protect Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan that provides medical and surgical benefits to ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy are provided for breast cancer treatment. Prohibits such a plan from: (1) restricting benefits for any hospital length of stay to less than 48 hours in connection with a mastectomy or breast conserving surgery or 24 hours in connection with a lymph node dissection, insofar as the attending physician, in consultation with the patient, determines such stay to be medically necessary; or (2) requiring that a provider obtain authorization from the plan or issuer for prescribing any such length of stay. Requires such a plan or issuer to: (1) provide notice to each participant and beneficiary regarding the coverage required under this Act; and (2) ensure that coverage is provided for secondary consultations. Prohibits a group health plan from taking specified actions to avoid the requirements of this Act. Applies such requirements to health insurance issuers offering coverage in the individual market. Allows a health insurance issuer that provides individual health insurance coverage to nonrenew or discontinue an individual's coverage based on the intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed.