Women's Health and Cancer Rights Act

Released: Tuesday, June 15, 2010

Everyday at UBCF I receive many applications from clients requesting assistance with the reconstruction of their breasts due to a mastectomy.  The reason for so many women looking for assistance with this type of surgery is due to no insurance or the insurance they do have refuses to assist.  Many Health insurance companies feel this type of surgery is cosmetic.  As we all know Breast Reconstruction surgery is needed for so many women.   Many women feel they need the surgery to feel like a woman again, as well as for their mental and physical well being. 

 

On October 21, 1998, twelve years ago, the government passed a law stating: “Federal law requires most group insurance plans that cover mastectomies to also cover breast reconstruction.”  This law is called The Women’s Health and Cancer Rights Act (WHCRA).   The WHCRA law helps protect many women with breast cancer who choose to have their breast reconstructed after a mastectomy.   The American Cancer Society posted the following guidelines in accordance with the WHCRA law and has listed websites and National Organizations that may be able to assist you.   Please take a moment to read the information below.

The WHCRA:

  • applies to group health plans for plan years starting on or after October 1, 1998
  • applies to group health plans, health insurance companies, and HMOs, as long as the plan covers medical and surgical costs for mastectomy

Under the WHCRA, mastectomy benefits must cover:

  • reconstruction of the breast that was removed by mastectomy
  • surgery and reconstruction of the other breast to make the breasts look symmetrical or balanced after mastectomy
  • any external breast prostheses (breast forms that fit into your bra) that are needed before or during the reconstruction
  • any physical complications at all stages of mastectomy, including lymph edema

Mastectomy benefits may have a yearly deductible and may require that you pay co-insurance. Co-insurance is when health costs are insured for less than the full amount and the patient must pay the difference. For instance, the company may cover 80% of your expenses after you pay the deductible, leaving you to pay the other 20%. This 20% is also called a co-payment or co-pay. But any required deductible and co-insurance must be like those the plan uses for other conditions it covers. So, if a plan pays 80% for hospital and surgery fees for an appendectomy, but only 70% of hospital and surgery fees for breast reconstruction, that would violate the WHCRA.

 

In addition to the American Cancer Society, other sources of patient information and support include:

Cancer Legal Resource Center (CLRC)
Toll-free number: 1-866-843-2572 (may need to leave a number for a call back)
Web site: www.disabilityrightslegalcenter.org

Health Insurance Info
Georgetown University Health Policy Institute
(Offers free online Consumer Guides for Getting and Keeping Health Insurance for each state)
Web site: http://healthinsuranceinfo.net

National Association of Insurance Commissioners (NAIC)
Toll-free number: 1-866-470-6242 (866-470-NAIC)
Web site: http://naic.org
For state insurance department phone numbers, visit: www.naic.org/state_web_map.htm

US Department of Health and Human Services
Toll-free number: 1-877-267-2323, ext. 61565 (you will need to dial "9" before entering this extension)
Web site: www.cms.hhs.gov

US Department of Labor
Toll-free number: 1-866-4-USA-DOL (1-800-487-2365)
Web site: www.dol.gov.ebsa

*Inclusion on this list does not imply endorsement by the American Cancer Society.

No matter who you are, we can help. Contact us anytime, day or night, for information and support. Call us at 1-800-ACS-2345 or visit www.cancer.org.

 

Contact United Breast Cancer Foundation if you need any assistance with the remainder of your Breast Reconstruction surgery at  www.ubcf.info  or call us at 1-877-822-4287.