Breast Cancer "Rights"

One of the biggest issues facing all patients these days is access to treatment. I have found that most women are not aware that Breast Reconstruction after a cancer procedure is available to all women, in fact it is a law. Unfortunately many women are not given the opportunity to even consider reconstruction as they are not even made aware that reconstruction can be done at the same time as their Mastectomy or Breast Cancer Procedure. New York has gone one step further,  the act of informing patients of what their options are concerning breast reconstruction must be discussed by law. I think that this is a wonderful idea and allows a woman to make the choice of whether or not to reconstruct their Breast. I offer all the latest Breast Reconstruction techniques here on the North Shore and I am always available to discuss reconstructive options no matter where a woman is in her treatment.

New Law Requires Hospitals to Inform Breast Cancer Patients of Reconstruction Options

While breast reconstruction after a mastectomy is covered by insurers in New York, many poor, minority, and less educated women do not seek out the procedure. Now, New York Governor David A. Paterson has signed into law a bill that is aimed at reversing this trend.

"A disproportionate number of women who are at a socioeconomic disadvantage do not get breast reconstruction surgery after a mastectomy for one of several reasons. Either they are unaware of it as an option, they do not know it is covered by Medicaid and Medicare insurance programs, they do not know where to gain access to the procedures, or it is never mentioned to them by their other doctors," said Evan Garfein, MD, the plastic and reconstructive surgeon at Montefiore Medical Center who authored the Bill.

He hopes that the new law (A10094B/S6993-B/Information and Access to Breast Reconstruction Surgery) will correct this disparity. It requires hospitals in New York to inform breast cancer patients about the availability of, and insurance coverage for, breast reconstruction before they undergo "mastectomy surgery, lymph node dissection or a lumpectomy."

While Congress passed the Women's Health and Cancer Rights Act in 1998, which guaranteed universal coverage for reconstruction after surgery, and New York soon passed comparable provisions into its laws, disparities in access remain.

"Breast reconstruction has been repeatedly shown to improve the quality of life and overall well-being of women who have been treated for breast cancer," Garfein says. "This new law will ensure that breast cancer patients from all socioeconomic groups are informed about their options regarding breast reconstruction and about where to get the procedure."