HR 758 · 110th Congress 2007–2009, ended

Breast Cancer Patient Protection Act of 2008

Introduced Jan 31, 2007 Originated House Sponsor Rosa L. DeLauro D-CT

Fact sheet

Latest action · Sep 25, 2008 Received in the Senate.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 31, 2007
  2. Passed HouseSep 25, 2008
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Breast Cancer Patient Protect Act of 2008 - 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 or a health issuer offering group health insurance coverage 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 or issuer 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 (prominently in the summary of the plan) to each participant and beneficiary regarding the coverage required under this Act; (2) ensure that coverage is provided for secondary consultations (on terms and conditions that are no more restrictive than those applicable to the initial consultations) by specialists in the appropriate medical fields to confirm or refute a diagnosis of cancer; and (3) ensure that coverage is provided for such secondary consultations whether the consultation is based on a positive or negative initial diagnosis.

Prohibits such a plan or issuer from: (1) penalizing or otherwise reducing or limiting the reimbursement of a provider or specialist because of care to a participant or beneficiary in accordance with this Act; (2) providing incentives for a physician or specialist to keep the length of inpatient stays below certain limits following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer or to limit referrals for secondary consultations; or (3) providing incentives for a physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered.

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. Sets forth procedures for notice and independent, external review of any proposed nonrenewal, discontinuation, or rescission of health insurance coverage.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 639Passed—Sep 25, 2008

Cosponsors 223

Members who signed on, in the order they did. Signatures ran from Jan 31, 2007 to Sep 23, 2008, with 127 there on the day it was introduced.

SeatCosponsorSigned on
D-CAAdam B. SchiffOriginalJan 31, 2007
D-TXAl GreenOriginalJan 31, 2007
D-MDAlbert Russell WynnOriginalJan 31, 2007
D-CAAnna G. EshooOriginalJan 31, 2007
D-NYAnthony D. WeinerOriginalJan 31, 2007
D-CABarbara LeeOriginalJan 31, 2007
D-MABarney FrankOriginalJan 31, 2007
D-MIBart StupakOriginalJan 31, 2007
D-KYBen ChandlerOriginalJan 31, 2007
D-MNBetty McCollumOriginalJan 31, 2007
D-NCBrad MillerOriginalJan 31, 2007
D-CABrad ShermanOriginalJan 31, 2007
D-NYBrian HigginsOriginalJan 31, 2007
D-NYCarolyn B. MaloneyOriginalJan 31, 2007
D-MICarolyn C. KilpatrickOriginalJan 31, 2007
Show all 223 cosponsors

Actions 21

Everything that happened, newest first.

  1. Sep 25, 2008Considered as unfinished business. (consideration: CR H9896)
  2. Sep 25, 2008Motion to reconsider laid on the table Agreed to without objection.
  3. Sep 25, 2008On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 421 - 2 (Roll no. 639). (text: CR 9/23/2008 H8661-8664)
  4. Sep 25, 2008Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 421 - 2 (Roll no. 639).(text: CR 9/23/2008 H8661-8664)
  5. Sep 25, 2008Received in the Senate.
Show all 21 actions

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 119Breast Cancer Patient Protection Act of 2007Related billMay 9, 2007
S 459Breast Cancer Patient Protection Act of 2007Identical billJan 31, 2007

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 4

Each version as it was printed, newest first.

  1. Sep 25, 2008Engrossed in House
  2. Sep 25, 2008Received in Senate
  3. Sep 23, 2008Reported in House
  4. Jan 31, 2007Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.