Hastings and Wasserman Schultz Reintroduce Legislation to Improve Health Coverage for Breast Cancer Survivors

Press Release

Representatives Alcee L. Hastings (D-FL) and Debbie Wasserman Schultz (D-FL) introduced the Comprehensive Breast Reconstruction Act of 2021. While advances in medicine and patient care have established and perfected breast reconstruction, many post-mastectomy patients' access to these procedures are determined on a case by case basis or are guided by a patchwork of differing policies, restrictions, and guidelines. This bill would remedy the challenges faced by these patients by amending the Women's Health and Cancer Act of 1998 (WHCRA) to state that nipple-areola complex (NAC) tattooing is a medically necessary part of breast reconstruction and by amending the Social Security Act to require Medicare and Medicaid to comply with the WHCRA, as well as to cover NAC tattooing as part of post-mastectomy breast reconstruction. Joining Hastings and Wasserman Schultz as original co-sponsors include: Representatives Jenniffer González Colón (R-PR), Val Butler Demings (D-FL), Mary Gay Scanlon (D-PA), Bennie G. Thompson (D-MS), Sheila Jackson Lee (D-TX), Darren Soto (D-FL), Theodore E. Deutch (D-FL), Henry C. "Hank" Johnson Jr. (D-GA), Sanford D. Bishop Jr. (D-GA), and Barbara Lee (D-CA). (Please find a copy of the bill attached):

"Breast cancer survivors have already fought for their lives, they shouldn't have to fight for the care they deserve. This legislation builds on advancements to fix the holes in the current patchwork of care available to survivors after a medically-necessary mastectomy, expanding covered procedures and allowing survivors access to the care they need to heal," said Hastings.

"As a breast cancer survivor, I know firsthand the importance of ensuring Americans can access the full range of post-mastectomy breast reconstruction procedures. Restoring a breast cancer patient both physically and mentally is absolutely critical to the healing process," said Wasserman Schultz. "I'm proud to join with my colleague Congressman Alcee Hastings to introduce legislation to ensure nipple-areolar tattooing, a medically necessary surgery, will become accessible to the thousands of Americans in their battle with breast cancer."

"This will make a big difference in survivors' lives; if they are able to get reimbursement it will allow more women the opportunity to complete their journey. They will be able to look in the mirror and feel back to normal. That tattooed circle is very powerful," said Renee Maschinot, Founder of Restoration Ink Corp and the Pink Ink Project and a Cosmetic/Medical tattoo artist in Fort Lauderdale,

ADDITIONAL ENDORSEMENTS

The American Society of Plastic Surgeons and the American Society of Breast Surgeons

BILL SUMMARY

The Comprehensive Breast Reconstruction Act will provide those who underwent a medically-necessary mastectomy the option of choosing comprehensive reconstruction surgery that includes nipple-areola complex tattooing. Specifically, this bill will amend the Women's Health and Cancer Rights Act of 1998 (WHCRA), under the 1974 Employee Retirement Income Security Act, to state that nipple-areola complex tattooing is medically necessary and is a part of breast reconstruction. Additionally, it will amend the Social Security Act to require Medicare to adhere to the WHCRA, as well as to add licensed tattoo artists to the list of Medicare providers, and to require state Medicaid programs to add medically necessary nipple-areola complex tattooing to the list of required services each State must offer relating to breast cancer reconstruction.

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