New Jersey-2016-ACR44-Introduced

A Concurrent Resolution urging the United States Congress to enact the "Breast Cancer Patient Education Act of 2015."

Whereas, The American Cancer Society estimates that in 2015, approximately 231,840 new cases of breast cancer will be diagnosed in women in the United States; and

Whereas, Breast cancer has a disproportionate and detrimental impact on African-American women and is the most common cancer among Hispanic women; and

Whereas, African-American women under 40 years of age have a greater incidence of breast cancer than Caucasian women of the same age; and

Whereas, Breast reconstruction is a plastic surgery technique that attempts to restore a breast to near normal shape, appearance, and size following mastectomy; and

Whereas, According to the American Cancer Society, immediate breast reconstruction offers the advantage of combining breast cancer surgery with reconstructive surgery in a more cost effective manner, while delayed reconstruction may be advantageous in women who require post-surgical radiation or other treatments; and

Whereas, The "Women's Health and Cancer Rights Act of 1998" (Pub. L.105-277) (WHCRA) requires health care plans offering medical and surgical benefits with respect to a mastectomy to also provide coverage for all stages of reconstruction of the breast on which the mastectomy was performed, surgery and reconstruction of the other breast to produce a symmetrical appearance, prostheses, and other physical complications of mastectomy; and

Whereas, A 2007 study reported that up to 70 percent of women eligible for breast reconstruction are not informed of their reconstructive options by their general surgeon; and

Whereas, Other studies have found that race is a significant predictor of breast reconstruction; compared with the odds of breast reconstruction for Caucasians, the odds of reconstruction for African-Americans, Hispanics, and Asians are significantly less; and

Whereas, The smaller number of minorities undergoing breast reconstructive surgery cannot be explained by a lower demand for the procedure; and

Whereas, Hispanic patients were less likely to receive breast reconstruction because of language barriers between the patient and provider; and

Whereas, A 2009 study conducted at the University of Michigan, showed that lower health literacy, financial issues, and less access to plastic surgeons were also barriers to breast reconstruction in the minority population; and

Whereas, Even though minority women are less likely than Caucasian women to see a plastic surgeon before initial breast cancer surgery, the 2009 study also showed that minority women are most likely to desire information about breast reconstruction and are the least satisfied without reconstruction; and

Whereas, There is a substantial unmet need for information, especially among racial groups and minority women, regarding breast reconstruction options and coverage required under the WHCRA; and

Whereas, All women undergoing breast cancer surgery should have the opportunity to 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; and

Whereas, "The "Breast Cancer Patient Education Act of 2015", sponsored by Senator Roy Blunt (R-Mo.) and Representative Leonard Lance (R-N.J.), would raise awareness of, and educate breast cancer patients about, breast reconstructive surgery and the types of health care coverage available to patients seeking breast reconstruction and other post-mastectomy alternatives; and

Whereas, The "Breast Cancer Patient Education Act of 2015" has the support of the American Society of Plastic Surgeons and the Plastic Surgery Foundation; and

Whereas, The passage of the "Breast Cancer Patient Education Act of 2015" would provide for the planning and implementation of a public education campaign to inform breast cancer patients, especially in the African-American and Hispanic populations, who are anticipating surgery about the availability and coverage of breast reconstruction, prostheses, and other treatment options; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The United States Congress is urged to enact the "Breast Cancer Patient Education Act of 2015" to provide for the planning and implementation of a public education campaign that would inform breast cancer patients, especially in the African-American and Hispanic population, who are anticipating surgery about the availability and coverage of breast reconstruction, prostheses, and other treatment options.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the Majority and Minority leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and to every member of Congress elected from this State.

STATEMENT

This concurrent resolution urges the United States Congress to enact the "Breast Cancer Patient Education Act of 2015" to provide for the planning and implementation of a public education campaign that would inform breast cancer patients, especially in the African-American and Hispanic populations, who are anticipating surgery about the availability and coverage of breast reconstruction, prostheses, and other treatment options.