please stop minimizing my diagnosis

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  • melissa-5-19
    melissa-5-19 Member Posts: 391
    edited October 2009

    Ok I just have to say straight a way that my BS day one said "50% of the medical community does not consider this CA but I do because the treatment is the same" I sat there thinking "ok I'm in the right place and my pathology report states CARCINOMA. DCIS she goes on to say is treated with a lumpectomy and rads-   NOT CA? REALLY?

    steps two, three and four ANXIETY (still at BS  listening-kindof blablabla Charlie Browns teacher here) then she said "we must do an MRI to ensure this is only in the one spot-that your other breastssss and nodes are clean"- NOT CA?

    MRI comes back with 2 areas on rt (all on RT) of enhanced dye up take- we need 2 more biopsies guiged by MR: NOT CA? I had this done 10/2/09- swelling better today.

    The first time I met with the BS I told her "take them both-" I have seen this in my mom and know clearly how I feel and will not tolerate contiued worry about the recurrence of this NONE CA.....

    On Friday the radiologist spoke with me at lenght as my med onc told me to get to the bottom of small highlights on the left before surgery - I have had a med onc for 2 years due to another issue- which is truely NOT CA-like for real- the radiologist asked me why I was having the biopsies if I had told the BS x2 to just do the bilmx- my answer "to be compliant BUT once these results are in I will take charge"

    My mom had CA x2- I am 56 and have thought about this for years- I know clearly how I feel and what is right for me is mine alone-

    Meanwhile: I have been told "DCIS is not an emergency"  I am a nurse, my reply was "OH yes you are so right--- I have an airway and I am not bleeding to death- mean while I have diarrhea, can not eat, sleep 2 hours a  night ! RIGHT" as is my best friend and husband- and was thinking F   Y  ! I will admitt- medically there are worse things OK- but a DX of DCIS is unknown until the tissue is in the pan and under the microscope- then is when we get our real and final DX.

    I have also been told "OH you are just one of those women who can't take the wait"  well,  F Y 2!

    None of these folks have met the Tiger yet- they have me by the boob and I will inflict my patient rights very soon- we all have to do what is right for us and if the treatment is the same as CA, then it is CA! We have to fight like hell and support each other and do what is right for us- it is OURS.

    a word on lab results: ALL pathology reports that are magliant (you know DCIS-the NONE CA)  are read by 2 pathologist- you can get another opinion on the same slides by asking your doctor to send a request to the original lab (you sign it) to send the slides to a second lab.

     I have a 2nd opinion from a BS  on the 8th- I like my BS BUT her nurse sucks- she is the  mouth- and after all I have to wait anyway so I decided to seek a second opinion while I was NOT WAITING WELL! Yell

    LOVE TO YOU ALL Hang in support one another and be kind -even to the A--H--- who tell us we are so lucky- karma yaknow?

  • melissa-5-19
    melissa-5-19 Member Posts: 391
    edited October 2009

     go have fun---love ya!

  • louishenry
    louishenry Member Posts: 417
    edited October 2009

    Virginia,

    DCIS is not included in the breast cancer numbers. Just invasive. In the US, we have about 180,000  invasive breast cancer dx every year with about 40,000 deaths.

    We have roughly 60,000 women get dx with DCIS a year. How many are saved from getting IDC is hard to tell. Current numbers suggest that 30-50% of untreated DCIS  will change cells and become invasive, primarily grade 3.

  • Dawnbelle
    Dawnbelle Member Posts: 696
    edited October 2009

    Hey, louishenry....

    Please forgive me if it is obvious to everyone but me....how in the world would ANYONE know that "30-50% of untreated DCIS will become invasive" & better yet??? "primarily grade 3"?

    Please enlighten me.

  • swimangel72
    swimangel72 Member Posts: 1,989
    edited October 2009

    Hi Virginia - just wanted to tell you I loved your words:

    ".... there is always someone a few steps further down the road than me, so I think we are all passengers on a train trip together, whatever the stage."

    I felt this way rigt from the beginning - only for me, it's more of a never-ending roller-coaster ride! Still, roller-coasters all began with small trains on elevated tracks, lol!

    And Hi Melissa - just wanted to tell you "love you back"........your post says sooo much and your words really put a smile on my face - you GO GIRL! Wink

  • melissa-5-19
    melissa-5-19 Member Posts: 391
    edited October 2009

    to all my sisters by a different mother - lets fight them together- Power in numbers and never let them off the hook. I will call the pathology lab in the AM because I want my results by the 8th and not one day later- I have some advantage in knowing how to work the system but honestly worry how many folks don't have a decent advocate?

    Be Strong , as my mom said many many years ago "what they learn from me (us) will be helpful to others in the future"---meaning our neices, grand daughters, great grand daughters etc.

  • Somuch
    Somuch Member Posts: 69
    edited October 2009

    Hmmm, started reading this board to see how others were feeling about the "don't worry, you'll be fine" statements. and discovered a raging controversy over postings and opinions/advice. Maybe there should be a special board for disgruntled posters. We all have our own reasons for being active on these boards, If you don't like what is being posted skip it. There are some I don't ever read because the opinion stated are so strong I'm uncomfortable.

    Yes, we all have CANCER and it leaves scars, physical and mental. We need to be each others advocates not be at each others throats. Thanks Activern for stating it so well.

  • carrielynn
    carrielynn Member Posts: 3
    edited October 2009

    i have DCIS stage 0 but with a 8 cm tumor and grade 3 i'm not in the mood to take chances.

    my one year diagnostic mammogram is in november and i am debating asking for an MRI as well.

    i have read it sometimes finds cancer the mammograms missed.  my doctor says there are too many false positives but i think, what about the ones that weren't false?  also i'm not sure that insurance will pay for it.  i'm on medicare with a supplement.  

  • allvirgo71
    allvirgo71 Member Posts: 196
    edited October 2009

    newly diagnosed with DCIS, I was told by onco the same thing-"its not cancer" which on some level I find very amusing with this metaphor-is calling DCIS not cancer like saying prisoners in Gitmo are not terrorists? I mean they arent actively terrorizing anyone?

    It makes me laugh, and take myself less seriously BUT I would prefer not be dismissed by the oncologist. My range of emotions are just as big as anyone elses. Am I relieved that its not invasive right now? YES. Thank goodness. 

    Does it mean that I wont look at the 4 inch scar on my chest and wonder about the dirty margin every day until I know for sure 'whats next'? 

    Its not a sliding scale DCIS meaning you arent allowed to cry, Stage 4 Invasive meaning you can throw yourself off the nearest high rise- everyone is different and if the word cancer is involved regardless of the dx there is a range of emotions for every woman and they are all different. 

    Power to the women!

  • melissa-5-19
    melissa-5-19 Member Posts: 391
    edited October 2009

    Allvigo71

    Well I JUST LOVE your annolagy- (SP?) DCIC- scar , radiation, poss, chemo, if left alone; metz?
    ? NOT CANCER-no crying allowed, no emergency- I could scream.  Then with each advancing DX women AND men are allowed to increase their anxiety ACCORDING TO WHAT A PERSON WITHOUT CA THINKS IS OK???? BS AND I DON'T MEAN BREAST SURGEON!

     BTW My med onc told me just yesterday that "Melissa I believe you have made the right decision"  when I told him I am having a bilate mx on 10/19- I knew that for me anyway- BUT to hear it from him was everything! I have known him 2 years and have the highest regard for him.This is a doctor who calls me at home, calls me while I am on vacation- tells his office staff "give her any appointment she wants"-gave me his cell number and told me "we will talk again before the 19th" HE SHOULD BE CLONED

    We make the decisions that are right for each of us--- good luck, all my support to you and you will be in my prayers daily!

    And you could be right - and I need to learn from you,  life should not be taken so seriously!! GREAT THOUGHT and a good start to my day!   long hugs - don't be the first to let go!

  • melissa-5-19
    melissa-5-19 Member Posts: 391
    edited October 2009

    hey I have a GREAT IDEA_ for each and every med onc, BS or anyone else who tells us DCIS (including insurance companies), is not cancer,  Let us save our removed sick breast and have them reattached to one of these morons.Then we can run cereal breast testing to see how long it takes to have them decide that DCIS IS CA! We can run our little test and be sure to comfort them with repeated messages of "this is no emergency, it isn't really cancer", no xanax, maybe a support group or two just to reassure them that "you will be fine".  I AM OPEN TO OTHER AREAS OF POSSIBLE RESEARCH FOR THIS TOPIC. PLEASE SEND YOUR SUGGESTIONS. Oh what a great research project, I bet we can get Federal Grant Money for it too!

    We  need to unite and as soon as my surgery for the bil mx is over and I feel a little better I am going to work on this --we need to BLOCK the name change to prevent the insurance companies from creating a loophole in which they do not want to pay for our procedures!

  • Robby
    Robby Member Posts: 126
    edited October 2009

    There appears to be  a substantial body of  medical opinion, trying to sway public opinion against tests such as mammograms and PSA tests, as well as trying to remove the word "cancer" from early stage breast cancer and prostate cancer --- and are trying to influence the health insurance debate. They claim that the number of lives saved (i.e. us !!!) is not worth the cost to the public at large.  To them we are all anecdotes.  So what I'm suggesting if and when you have the time is to do a google search for mammography, or dcis, or cancer screening and you will find that you can often respond to the blogs and news articles should you differ with the  views expressed.

     For example, check out:

     http://www.kevinmd.com/blog/2009/07/are-we-finding-too-much-breast-cancer.html 

  • allvirgo71
    allvirgo71 Member Posts: 196
    edited October 2009

    Robby-

    what gets me about that entire blog is how it dances around the subject which for me, is this : if its to be left 'untreated' like they would suggest-where is the study that proves nothing more will happen to the "non" tumor ? ? Not a single one of those articles that pronounce these things has that information..one of the articles even says DCIS MIGHT "spontaneously regress" ...tell that to my 13 x9 x 4 cm NON CANCER that was removed HA! 

    (dripping sarcasm) who knows...since i never had a mammo before-  maybe it was bigger before and it was "regressing"?

    Easy articles to write from a logical point of view it seems for them..however I seriously doubt theyve ever been told their wife or daughter had such a dx-theyd probably prefer what they call "overtreatment" in personal cases...

  • London-Virginia
    London-Virginia Member Posts: 851
    edited October 2009

    Ladies - as you see from my details, I live in England.

    We don't have this thing going on here. (plenty of other not great things, but not this).

    May I,  with all respect, suggest that something odd is going on with your US health authorities, and maybe you need to start complaining right now to your congressmen and women, or whoever you would complain to.  Frankly, there should be a nationwide outburst of fury in this regard.  Any sign s og the Pink People addressing this?

    doh........

  • pip57
    pip57 Member Posts: 12,401
    edited October 2009

    Interesting Virginia.  What have the Canadian girls with DCIS found?  My mom was treated with respect for her DCIS here in Canada many years ago.  Have things changed?

  • London-Virginia
    London-Virginia Member Posts: 851
    edited October 2009

    The problem with articles is that  they get syndicated worldwide a lot of the time so one ill informed bunch of tripe can spread very quickly.

     As none of us has yet stated where this entire thing commenced, if one merely assumed for a mo that it was in the US, is it the insurers that have the most to gain?

  • allvirgo71
    allvirgo71 Member Posts: 196
    edited October 2009

    Im in agreement- we do we trample  CNN HQ? sign me up.

  • dreaming
    dreaming Member Posts: 473
    edited October 2009

    I know of patients that even if it was DCIS they chose to have chemo, just in case, some cases can be very aggressive, cancer is cancer, some with Stage IV can survived  and have a long life and others that believe 'I have DCIS "let their guard down, I work in a Cancer Center and we take seriously any sign of cancer, B.C is very unpredictable and no two patients are alike in the outcomes, treatments that work. Just tell them frankly that you do care to hear their opinions, that for you it is a serious matter your diagnosis.

  • melissa-5-19
    melissa-5-19 Member Posts: 391
    edited October 2009

    ok you guys I just love you all the articles suck and the ones that get onto CNN etc, are the ones that spread the hype. I am making a "promise to each of you, my self, my future female relatives (from all mothers ) and on my Dearly Departed Mothers Grave that I WILL ATTACK THIS LUNACY" I have surgery on the 19th- Am slightly hooked up here in Las Vegas because I have done thousands of hours of NON-Profit volunteer work and some other volunteer projects, including up to the State and National level at the CDC- don't get any grand ideas- I am simply a little gray headed woman who believes CONSTANT BABY STEPS ADD UP. I need a project anyway because the BS is making me take way too much time off and without a cause/project surely I will be insane within 6 weeks, It is not like I can go out and garden which is what I want to do. Anyway- I will start talking to the others I know who ARE somebody and maybe, just maybe WE (all of us) can turn this lost, anger and general disappointment in the medical system, and insurance system into a silver lined flower. Those of us who have been told that DCIS is NOT CA need to band together, we need to keep in touch and we need to get something talked about- WE CAN DO IT-

    Now I would like to rave, rage, rant, and generally bi-ch about my BS's office manager telling me that "we only do FMLA one way, we NEVER do intermittent FMLA and we Always give flat out 6 weeks. We have done this for 5 years- it is the way it is done." Me and my smart mouth asked if that was "Patient Centered Care?" What a "concept- taking- care- of- patients. " Well I have gotten cookie cutter care- they suck, they really suck, I don't have cancer, and my recovery period will be dictated by AN OFFICE MANAGER! Are you kidding- really the only justice is that they get the care they give us- and yet I will not lay down! Damn the man! screw them and I am going bra-less just like I did in the 60s! And I may do a lot of those 60 things and have some real fun.thanks for listening- they suck too!

    Back to business - I will contact the moderators of this site to see if we can start collecting some numbers among us and design a questionnaire. We will feel better if we are busy and kick some ash!

    Love you guys-long hugs and don't be the first one to let go!

  • kal52
    kal52 Member Posts: 26
    edited October 2009

    Hi, this is my first post and I have a question on this subject.  My post-lumpectomy pathology report reads "invasive grade 2, mixed classical lobular and ductal carcinoma with associated low grade DCIS.  Size 13mm."  Although it mentions the DCIS it does not include it in the size of the tumour.  My BS explained that DCIS is not included in the sizing.  I live in Australia and am wondering if this is the same in the UK, US or anywhere else.  The DCIS component was 14mm.  I don't understand this, as obviously the DCIS was just as much cancer as the invasive component.  Now, if this isn't playing down the seriousness of DCIS, I would like to know what is.  It probably is to make the statistics look better.

  • melissa-5-19
    melissa-5-19 Member Posts: 391
    edited October 2009

    Kal it is the same on my path report  (no size measurement) for DCIS as it is considered to never be invasive--then you let it go and are in trouble. I am 2 days out from my bilat MX- anxieously waiting my final pathology report which will give my TRUE dx, as they only found dcis by biopsy- but one never knows.

    I feel that DCIS is just as much the CA component as lobular and ductial invasive. Have read a lot- constsntly for 6 weeks and am convinced  that DCIS is the early warning system for more serious ca.

    I would ask my surgeon but it sounds as if there was more than one ca in you pathology- what is the plan from here, if I may ask.

    My thoughts are with you- I am very comfortable for having both breats removed! Everyone around me is amazed and in an effort to sound modest I am trying to be low key- but AM AMAZED!

    We women are tough, we do what we have to and you will too. Hang in and remember YOU ARE NOT WALKING THIS JOURNEY ALONE! Much love and many prayers sent your way, my new sister.

  • dee1961
    dee1961 Member Posts: 1,672
    edited October 2009

    Hi Kal52, This is off the BCO site, hope it helps :



    DCIS: Non-invasive (or "in situ") cancers confine themselves to the ducts or lobules and do not spread to the surrounding tissues in the breast or other parts of the body. They can, however, develop into or raise your risk for a more serious, invasive cancer.



    IDC/ILC: Invasive (or infiltrating) cancers have started to break through normal breast tissue barriers and invade surrounding areas. Read a study that discusses treatments to lower your risk of developing an invasive cancer after DCIS. Much more serious than non-invasive cancers, invasive cancers can spread cancer to other parts of the body through the bloodstream and lymphatic system.



    So basically I think any invasive component "trumps" the DCIS as far as the doctors are concerned. I am NOT minimalizing anyones DX. I had both DCIS and IDC and would have had bilateral masts either way. Best wishes to you all :)

  • kal52
    kal52 Member Posts: 26
    edited October 2009

    Thank you Melissa for responding to my query.  My DCIS was adjacent to the invasive section and, I assume, from where the invasive CA sprung.  Even though it was low grade, it still broke loose so to speak and therefore must be considered CA.  I had a lumpectomy and Rads. I was not given a choice really.  The doctors here quote statistics and say you don't need anything else.   I am on Arimadex now.  It has been awhile but I still wonder, now and then, if I should have done more.  I have watched this forum for a long time but only decided today to register and post my query.  I will be thinking of you and hope everthing goes well.

  • melissa-5-19
    melissa-5-19 Member Posts: 391
    edited October 2009

    "yes I had some choice but the insurance company did NOT paying for the "Healthy Breast' to come off- even though the radiologist put me on a  6 month watch for suspicious activity and stability. We live in a crazy world and the men in the insurance industry and medical communities don't have DCIS in one breast to worry about.

    I think we could solve their risky  decision making by reattaching my sick breast to their chest and see how much anxiety the waiting for the other "shoe to drop" so to speak feels to them!

    Sick science fantasy of a DCIS patient.

  • melissa-5-19
    melissa-5-19 Member Posts: 391
    edited October 2009

    Robby - read my last blog- I think we Pink Ladies should conduct our own scientific study on the morons that call DCIS NON CA and think it may "Spontaneously regress"???

    is that like spontaneous fire???

    give me a break- the insurance industry is probably behind all of this thinking here in the states- f---king tightwads- I have only paid into my insurance plan for 10+ years.

    I hope they get spontaneous diarrgea today- while at the fricking bus stop! LOL

  • frywoman
    frywoman Member Posts: 76
    edited October 2009

    Melissa,

    I am pretty certain that due to legislation passed in the late 1990's that insurance companies are required to pay for the removal of the healthy breast and reconstruction. I think i saw someone post the exact legislative information on here at some point. Can anyone back me on this?

  • melissa-5-19
    melissa-5-19 Member Posts: 391
    edited October 2009

    yes- there is some legalize jargon but I have the law and am preparing my battle- I am not sure about prophylactic removal but for sure the law covers reconstruction which would cost more that removal! Thanks I will keep you all posted

  • sweatyspice
    sweatyspice Member Posts: 922
    edited October 2009
    Insurance Coverage - State Laws

    SOURCE:  http://www.diepflap.com/insurance-statelaws.html 

    Insurance Coverage is Required for Post-Mastectomy Breast Reconstruction if Mastectomy is Covered.

    Alaska: enacted in 2000; conforms state law to the federal standards. The bill directly refers to the specific federal requirement: (A health care insurer that offers, issues for delivery, delivers, or renews in this state a health care insurance plan providing medical and surgical benefits for mastectomies shall comply with 42 U.S.C. 300gg-6 and 42 U.S.C. 300gg-52 regarding coverage for reconstructive surgery following mastectomies).

    Arizona: enacted in 2000; conforms state law to the federal standards. The bill directly refers to the specific federal requirement: (A health care insurer that offers, issues for delivery, delivers, or renews in this state a health care insurance plan providing medical and surgical benefits for mastectomies shall comply with 42 U.S.C. 300gg-6 and 42 U.S.C. 300gg-52 regarding coverage for reconstructive surgery following mastectomies).

    Arkansas: enacted in 1997; covers prosthetic devices and reconstructive surgery.

    California: enacted in 1978; covers prosthetic devices or reconstructive surgery incident to mastectomy, including restoring symmetry; law was amended in 1991 to include coverage for pre-1980 mastectomies.

    Connecticut: enacted in 1987; covers at least a yearly benefit of $500 for reconstructive surgery, $300 for prosthesis, and $300 for surgical removal of each breast due to tumor.

    Delaware: enacted 2001; covers all stages of breast reconstruction including surgery and reconstruction of the opposite breast to produce symmetry; includes language stating surgery shall be provided in a manner determined in consultation with the attending physician.

    Florida: enacted in 1987; covers initial prosthetic device and reconstructive surgery incident to mastectomy; 1997 amendment states that the surgery must be in a manner chosen by the treating physician, and surgery to reestablish symmetry is covered.

    Illinois: initially enacted in 1980; covers initial prosthetic device and reconstructive surgery incident to post-1981 mastectomies. New bill enacted 2001 brings state into Federal compliance with federal requirements of the 1998 Womens' Health and Cancer Rights Act

    Indiana: enacted in 1997; covers prosthetic devices and all stages of reconstructive surgery, in the manner determined by the attending physician and patient, including reconstruction of the other breast to produce symmetry. Additional legislation enacted in 2002 requires coverage for post-mastectomy services regardless of whether the individual was covered under the policy at the time of the mastectomy.

    Kansas: enacted in 1999; covers breast reconstruction, including surgery of the other breast to produce a symmetrical appearance, prostheses and physical complications, in a manner determined in consultation with the attending physician and the patient.

    Kentucky: enacted in 1998; covers all stages of breast reconstruction surgery following a mastectomy that resulted from breast cancer. 2002 amendment conforms statute to federal law

    Louisiana: enacted in 1997; covers reconstructive surgery following a mastectomy, including reconstruction of the other breast to produce a symmetrical appearance, as agreed by the patient and attending physician. 1999 amendment conforms statute to federal law.

    Maine: enacted in 1995; covers both breast on which surgery was performed and the other breast if patient elects reconstruction, in the manner chosen by the patient and physician.

    Maryland: enacted in 1996; requires coverage for reconstructive surgery resulting from a mastectomy, including surgery performed on a non-diseased breast to establish symmetry.

    Michigan: enacted in 1989; covers breast cancer rehabilitative services, delivered on an inpatient or outpatient basis, including reconstructive plastic surgery and physical therapy.

    Minnesota: enacted in 1980; covers all reconstructive surgery incidental to or following injury, sickness or other diseases of the involved part, or congenital defect for a child. Additional legislation enacted in April 2002 expands language to specifically include benefits for all stages of reconstruction following mastectomy consistent with federal law. Also specifies that limitations on reconstructive surgery do not apply to reconstructive breast surgery following medically necessary mastectomy.

    Missouri: enacted in 1997; covers prosthetic devices and reconstructive surgery necessary to achieve symmetry, as recommended by the oncologist or primary care physician.

    Montana: enacted in 1997; covers reconstructive surgery following a mastectomy resulting from breast cancer, including all stages of one reconstructive surgery on the non-diseased breast to establish symmetry, and costs of any prostheses.

    Nebraska: enacted in March 2000; follows the example of the federal statute by requiring coverage for medical and surgical benefits for mastectomy and for all stages of reconstruction of the breast after a mastectomy has been performed and reconstruction of the other breast to produce a symmetrical appearance. The measure also requires coverage for prostheses and physical complications of mastectomy.

    Nevada: enacted in 1983; covers at least two prosthetic devices and reconstructive surgery incident to mastectomy. The law was amended in 1989 to cover surgery to reestablish symmetry.

    New Hampshire: enacted in 1997; covers breast reconstruction, including surgery and reconstruction of the other breast to produce a symmetrical appearance, in the manner chosen by the patient and physician.

    New Jersey: enacted in 1985; covers reconstructive breast surgery, including cost of prostheses. The law was amended in 1997 to extend coverage to reconstructive surgery to achieve and restore symmetry.

    New York: enacted in 1997: covers breast reconstruction following mastectomy, including reconstruction on a healthy breast required to achieve reasonable symmetry, in the manner determined by the attending physician and the patient to be appropriate.

    N. Carolina: enacted in 1997; covers for reconstructive breast surgery, including all stages and revisions of surgery performed on a non-diseased breast to establish symmetry, and reconstruction of the nipple/areolar complex without regard to the lapse of time between mastectomy and reconstruction. (1999 amendment conforms statute to federal law: Not Carried Over to 1999 General Assembly Second Session.)

    N. Dakota: enacted 2001; specifies that health insurance policies may not be issued or renewed in the state unless they provide the benefit provisions of the 1998 Federal Womens' Health and Cancer Rights Act.

    Oklahoma: enacted in 1997; covers reconstructive breast surgery performed as a result of a partial or total mastectomy, including all stages of reconstructive surgery performed within 2 years on a non-diseased breast to establish symmetry.

    Pennsylvania: enacted in 1997; covers prosthetic devices and breast reconstruction, including surgery on the opposite breast to achieve symmetry, within six years of the mastectomy date. Additional legislation enacted 2002 adds language consistent with federal law.

    Rhode Island: enacted in 1996; covers prosthetic devices and reconstructive surgery to restore and achieve symmetry incident to a mastectomy. Surgery must be performed within 18 months of the original mastectomy.

    S. Carolina: enacted in 1998; covers prosthetic devices and breast reconstruction, including the non-diseased breast, if determined medically necessary by the patient and attending physician with the approval of the insurer.

    Tennessee: enacted in 1997; covers all stages of reconstruction for the diseased breast, excluding lumpectomy, and procedures to restore and achieve symmetry between the breasts, in the manner chosen by the patient and physician, within 5 years of the reconstructive surgery on the diseased breast.

    Texas: enacted in 1997; covers reconstruction of the breast incident to mastectomy, including procedures to restore and achieve symmetry, for contracts delivered, issued for delivery or renewed on or after Jan. 1, 1998. 1999 amendment conforms statute to federal law.

    Utah: enacted in 2000; follows the example of the federal statute by requiring coverage for medical and surgical benefits for mastectomy and for all stages of reconstruction of the breast after a mastectomy has been performed and reconstruction of the other breast to produce a symmetrical appearance. The measure also requires coverage for prostheses and physical complications of mastectomy.

    Virginia: enacted in 1998; covers reconstructive breast surgery performed coincident with a mastectomy performed for breast cancer or following the mastectomy, and surgery performed to reestablish symmetry between the two breasts.

    Washington: enacted in 1985; covers reconstructive breast surgery if mastectomy resulted from disease, illness or injury. The law was amended in 1996 to include surgery to reestablish symmetry.

    West Virginia: Enacted 2002, includes coverage for reconstruction of the breast on which mastectomy was performed and the opposite breast for symmetry; also provides coverage for prosthesis and complications all as determined in consultation with attending physician and patient.

    Wisconsin: enacted in 1997; covers breast reconstruction of the affected tissue incident to mastectomy and specifies that such surgery is not considered cosmetic.

    Source:  http://www.breastcenter.com/support/rights.php

    1998 Federal Breast Reconstruction Law Signed into Law on October 21, 1998 - ASPS is working with federal regulators as they draft guidance on implementation of the new law. SEC. 901. SHORT TITLE. This title may be cited as the ''Women's Health and Cancer Rights Act of 1998''. SEC. 902. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) IN GENERAL.- Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: SEC. 713. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES. (a) IN GENERAL.- A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides medical and surgical benefits with respect to a mastectomy shall provide, in a case of a participant or beneficiary who is receiving benefits in connection with a mastectomy and who elects breast reconstruction in connection with such mastectomy, coverage for- (1) reconstruction of the breast on which the mastectomy has been performed; (2) surgery and reconstruction of the other breast to produce a symmetrical appearance; and (3) prostheses and physical complications all stages of mastectomy, including lymphedemas; in a manner determined in consultation with the attending physician and the patient. Such coverage may be subject to annual deductibles and coinsurance provisions as may be deemed appropriate and as are consistent with those established for other benefits under the plan or coverage. Written notice of the availability of such coverage shall be delivered to the participant upon enrollment and annually thereafter. (b) NOTICE.- A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance 1078 with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted- (1) in the next mailing made by the plan or issuer to the participant or beneficiary; (2) as part of any yearly informational packet sent to the participant or beneficiary; or (3) not later than January 1, 1999; whichever is earlier. (c) PROHIBITIONS.- A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not- (1) deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; and (2) penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide incentives (monetary or otherwise) to an attending provider, to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. 1079 (d) RULE OF CONSTRUCTION.- Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. (e) PREEMPTION, RELATION TO STATE LAWS.- (1) IN GENERAL.- Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage of reconstructive breast surgery otherwise required under this section. (2) ERISA.- Nothing in this section shall be construed to affect or modify the provisions of section 514 with respect to group health plans.'' (3) CLERICAL AMENDMENT.- The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 712 the following new item: (f) EFFECTIVE DATES.- (1) IN GENERAL.- The amendments made by this section shall apply with respect to plan years beginning on or after the date of enactment of this Act. 1080 (2) SPECIAL RULE FOR COLLECTIVE BARGAINING AGREEMENTS.- In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 903. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) GROUP MARKET.- Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following new section: SEC. 2706. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES. ''The provisions of section 713 of the Employee Retirement Income Security Act of 1974 shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart.''. (b) INDIVIDUAL MARKET.- Subpart 3 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 1081 300gg-51 et seq.) is amended by adding at the end the following new section: ''SEC. 2752. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES. ''The provisions of section 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) EFFECTIVE DATES.- (1) GROUP PLANS.- (A) IN GENERAL.- The amendment made by subsection (a) shall apply to group health plans for plan years beginning on or after the date of enactment of this Act. (B) SPECIAL RULE FOR COLLECTIVE BARGAINING AGREEMENTS.- In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendment made by 1082 subsection (a) shall not be treated as a termination of such collective bargaining agreement. (2) INDIVIDUAL PLANS.- The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the date of enactment of this Act.  
  • jezza
    jezza Member Posts: 698
    edited October 2009

    Hi Kal52. I have sent you a Private Message.

    jezza

  • melissa-5-19
    melissa-5-19 Member Posts: 391
    edited October 2009

    wow thatnks!!!

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