Breast Cancer Patient Protection Act of 2008
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.
- IntroducedJan 31, 2007
- Passed HouseSep 25, 2008
- Passed SenateNot reached
- To the PresidentNot reached
- 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 call | Question | Result | Date |
|---|---|---|---|
| House 639 | On Motion to Suspend the Rules and Pass, as Amended | Passed421–2 | Sep 25, 2008 |
Cosponsors 223
Members who signed on, in the order they did. Signatures ran from Jan 31, 2007 to Sep 23, 2008; 127 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | Adam B. Schiff | Original | Jan 31, 2007 |
| D-TX | Al Green | Original | Jan 31, 2007 |
| D-MD | Albert Russell Wynn | Original | Jan 31, 2007 |
| D-CA | Anna G. Eshoo | Original | Jan 31, 2007 |
| D-NY | Anthony D. Weiner | Original | Jan 31, 2007 |
| D-CA | Barbara Lee | Original | Jan 31, 2007 |
| D-MA | Barney Frank | Original | Jan 31, 2007 |
| D-MI | Bart Stupak | Original | Jan 31, 2007 |
| D-KY | Ben Chandler | Original | Jan 31, 2007 |
| D-MN | Betty McCollum | Original | Jan 31, 2007 |
| D-NC | Brad Miller | Original | Jan 31, 2007 |
| D-CA | Brad Sherman | Original | Jan 31, 2007 |
| D-NY | Brian Higgins | Original | Jan 31, 2007 |
| D-NY | Carolyn B. Maloney | Original | Jan 31, 2007 |
| D-MI | Carolyn C. Kilpatrick | Original | Jan 31, 2007 |
Committees 3
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Energy and Commerce Committee | Referred Jan 31, 2007Markup Sep 17, 2008Reported Sep 23, 2008 |
| Health Subcommittee | Referred Feb 2, 2007Hearings May 21, 2008 | |
| House | Ways and Means Committee | Referred Jan 31, 2007Discharged Sep 23, 2008 |
| Health Subcommittee | Referred Feb 20, 2007 | |
| House | Education and Workforce Committee | Referred Jan 31, 2007Discharged Sep 23, 2008 |
| Health, Employment, Labor, and Pensions Subcommittee | Referred May 18, 2007 |
Actions 20
Everything that happened, newest first.
- Sep 25, 2008Considered as unfinished business. (consideration: CR H9896)
- 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)
- Sep 25, 2008Motion to reconsider laid on the table Agreed to without objection.
- Sep 25, 2008Received in the Senate.
- Sep 23, 2008Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 110-868, Part I.
- Sep 23, 2008Committee on Ways and Means discharged.
- Sep 23, 2008Committee on Education and Labor discharged.
- Sep 23, 2008Placed on the Union Calendar, Calendar No. 564.
- Sep 23, 2008Mr. Pallone moved to suspend the rules and pass the bill, as amended.
- Sep 23, 2008Considered under suspension of the rules. (consideration: CR H8661-8666)
- Sep 23, 2008DEBATE - The House proceeded with forty minutes of debate on H.R. 758.
- Sep 23, 2008At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- Sep 17, 2008Committee Consideration and Mark-up Session Held.
- Sep 17, 2008Ordered to be Reported (Amended) by Voice Vote.
- May 21, 2008Subcommittee Hearings Held.
- May 18, 2007Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
- Feb 20, 2007Referred to the Subcommittee on Health.
- Feb 2, 2007Referred to the Subcommittee on Health.
- Jan 31, 2007Introduced in House
- Jan 31, 2007Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
In the Congressional Record 6
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E2176, E2183 | Bob Etheridge D-NC, Robert E. Andrews D-NJ | Sep 30, 2008 |
| Extensions | Debate and remarks E2118 | John D. Dingell D-MI | Sep 28, 2008 |
| Extensions | Debate and remarks E2021 | Rush Holt D-NJ | Sep 26, 2008 |
| House · Extensions | Debate and remarks E1980Recorded votes H9896enact | Janice D. Schakowsky D-IL | Sep 25, 2008 |
| House | Debate and remarks H8661–H8666Text printed H8661–H8664 | Chris Van Hollen D-MD, Frank Pallone, Jr. D-NJ, Joe Barton R-TX, John B. Larson D-CT, Louise McIntosh Slaughter D-NY, Lynn C. Woolsey D-CA, Michael C. Burgess R-TX, Rosa L. DeLauro D-CT, Sheila Jackson Lee D-TX | Sep 23, 2008 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Sep 22, 2008H.R. 758, Breast Cancer Protection Act of 2007<p>Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on September 17, 2008</p>
- Sep 22, 2008H.R. 758, Breast Cancer Protection Act of 2007Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on September 17, 2008
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 110-121 | H.R. 1157, BREAST CANCER AND ENVIRONMENTAL RESEARCH ACT OF 2007 AND H.R. 758, BREAST CANCER PATIENT PROTECTION ACT OF 2007107 pages | Energy and Commerce Committee | May 21, 2008 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 119 | Breast Cancer Patient Protection Act of 2007 | Related bill | May 9, 2007 |
| S 459 | Breast Cancer Patient Protection Act of 2007 | Identical bill | Jan 31, 2007 |
Titles 3
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Short Titles as Introduced
- Breast Cancer Patient Protection Act of 2007
- Short Titles as Passed House
- Breast Cancer Patient Protection Act of 2008
Subjects
Assigned by the Library of Congress. Policy area: Health.
- Breast cancer
- Civil Rights and Liberties, Minority Issues
- Collective bargaining
- Commerce
- Conflict of interests
- Consumer education
- Discrimination in insurance
- Discrimination in medical care
- Employee health benefits
- Finance and Financial Sector
- Health
- Health insurance
- Hospital care
- Labor and Employment
- Labor contracts
- Mastectomy
- Medical ethics
- Medical fees
- Patients' rights
- Physicians
- Radiotherapy
- Surgery
- Women
- Women's health
Text 4
Each version as it was printed, newest first.
- Sep 25, 2008Engrossed in House
- Sep 25, 2008Received in Senate
- Sep 23, 2008Reported in House
- Jan 31, 2007Introduced in House
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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
