I 
112TH CONGRESS 
2D SESSION 
H. R. 5937 
To amend the Public Health Service Act to raise awareness of, and to 
educate breast cancer patients anticipating surgery regarding, the avail-
ability and coverage of breast reconstruction, prostheses, and other op-
tions. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2012 
Mr. LANCE (for himself, Mrs. CHRISTENSEN, Ms. ROS-LEHTINEN, Mrs. 
BLACKBURN, Mr. CONNOLLY of Virginia, Mr. MORAN, Mr. CLARKE of 
Michigan, Mr. LEWIS of Georgia, Ms. LEE of California, Ms. NORTON, 
Ms. MOORE, Mr. RANGEL, and Mr. HONDA) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Public Health Service Act to raise awareness 
of, and to educate breast cancer patients anticipating 
surgery regarding, the availability and coverage of breast 
reconstruction, prostheses, and other options. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Breast Cancer Patient 
Education Act of 2012’’. 
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SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) Annually, about 207,090 new cases of 
breast cancer are diagnosed, according to the Amer-
ican Cancer Society. 
(2) Breast cancer has a disproportionate and 
detrimental impact on African-American women and 
is the most common cancer among Hispanic/Latina 
women. 
(3) African-American women under the age of 
40 have a greater incidence of breast cancer than 
Caucasian women of the same age. 
(4) Individuals undergoing surgery for breast 
cancer should give due consideration to the option of 
breast reconstructive surgery, either at the same 
time as the breast cancer surgery or at a later date. 
(5) According to the American Cancer Society, 
immediate breast reconstruction offers the advan-
tage of combining the breast cancer surgery with the 
reconstructive surgery and is cost effective. 
(6) According to the American Cancer Society, 
delayed breast reconstruction may be advantageous 
in women who require post-surgical radiation or 
other treatments. 
(7) A woman suffering from the loss of her 
breast may not be a candidate for surgical breast re-
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construction or may choose not to undergo addi-
tional surgery and instead choose breast prostheses. 
(8) The Women’s Health and Cancer Rights 
Act of 1998 (WHCRA; Public Law 105–277) re-
quires health plans that offer breast cancer coverage 
to also provide for breast reconstruction. 
(9) Required coverage for breast reconstruction 
includes all the necessary stages of reconstruction. 
Surgery of the opposite breast for symmetry may be 
required. Breast prostheses may be necessary. Other 
sequelae of breast cancer treatment, such as 
lymphedema, must be covered. 
(10) Up to 70 percent of women eligible for 
breast reconstruction are not informed of their re-
constructive options. 
(11) Several states have enacted laws to require 
that women receive information on their breast can-
cer treatment and reconstruction options. 
(12) A 2009 study by Amy Alderman, M.D. at 
the University of Michigan and Caprice Greenberg 
of the Dana Farber Institute determined the two 
dominant reasons why women did not undergo 
breast reconstruction: (1) the woman was not in-
formed of her options, and (2) the woman was not 
referred to a breast reconstruction surgeon. 
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(13) According to a 2008 report by Greenberg, 
most women undergo breast reconstruction because 
the option was offered and discussed by the breast 
cancer surgeon. This critical discussion is often lack-
ing. 
(14) Greenberg reports that women with Medi-
care undergo breast reconstruction at a rate of 11 
percent. Women with managed care or indemnity in-
surance undergo reconstruction at a rate of approxi-
mately 54 percent. Nationally, only 33 percent of eli-
gible women with breast cancer undergo breast re-
construction. 
SEC. 3. BREAST RECONSTRUCTION EDUCATION. 
Part V of title III of the Public Health Service Act 
(42 U.S.C. 280; programs relating to breast health and 
cancer) is amended by adding at the end the following: 
‘‘SEC. 399NN–1. BREAST RECONSTRUCTION EDUCATION. 
‘‘(a) IN GENERAL.—The Secretary shall provide for 
the planning and implementation of an education cam-
paign to inform breast cancer patients anticipating sur-
gery regarding the availability and coverage of breast re-
construction, prostheses, and other options. 
‘‘(b) INFORMATION TO BE DISSEMINATED.— 
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‘‘(1) SPECIFIC INFORMATION.—Such campaign 
shall include dissemination of the following informa-
tion: 
‘‘(A) Breast reconstruction is possible at 
the time of breast cancer surgery, or in a de-
layed fashion. 
‘‘(B) Prostheses or breast forms may be 
available. 
‘‘(C) Federal law mandates both public 
and private health plans to include coverage of 
breast reconstruction and prostheses. 
‘‘(D) The patient has a right to choose 
their provider of reconstructive care, including 
the potential transfer of care to a surgeon that 
provides breast reconstructive care. 
‘‘(E) The patient may opt to undergo 
breast reconstruction in a delayed fashion for 
personal reasons, or after completion of all 
other breast cancer treatments. 
‘‘(2) OTHER INFORMATION.—In addition to the 
information described in paragraph (1), such cam-
paign may include dissemination of such other infor-
mation (whether developed by the Secretary or by 
other entities) as the Secretary determines relevant. 
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‘‘(3) RESTRICTION.—Such campaign shall not 
specify, or be designed to serve as a tool to limit, the 
health care providers available to patients. 
‘‘(c) CONSULTATION.—In developing the information 
to be disseminated under this section, the Secretary shall 
consult with appropriate medical societies and patient ad-
vocates related to breast cancer, breast reconstructive sur-
gery, and breast prostheses and breast forms.’’. 
Æ 
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