H.R.1691 - Breast Cancer Patient Protection Act of 2009111th Congress (2009-2010)
Summary: H.R.1691 — 111th Congress (2009-2010)
Introduced in House (03/24/2009)
Breast Cancer Patient Protect Act of 2009 - 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 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 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 to each participant and beneficiary regarding the coverage required under this Act; and (2) ensure that coverage is provided for secondary consultations.
Prohibits a group health plan from taking specified actions to avoid the requirements of this Act.
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.