text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Breast Cancer Patient Education Act 
  of 2012''.
  
  SEC. 2. FINDINGS.
  
      The Congress makes the following findings:
              (1) Annually, about 207,090 new cases of breast cancer are 
          diagnosed, according to the American Cancer Society.
              (2) Breast cancer has a disproportionate and detrimental 
          impact on African-American women and is the most common cancer 
          among Hispanic/Latina women.
              (3) African-American women under the age of 40 have a 
          greater incidence of breast cancer than Caucasian women of the 
          same age.
              (4) Individuals undergoing surgery for breast cancer should 
          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.
              (5) According to the American Cancer Society, immediate 
          breast reconstruction offers the advantage of combining the 
          breast cancer surgery with the reconstructive surgery and is 
          cost effective.
              (6) According to the American Cancer Society, delayed 
          breast reconstruction may be advantageous in women who require 
          post-surgical radiation or other treatments.
              (7) A woman suffering from the loss of her breast may not 
          be a candidate for surgical breast reconstruction or may choose 
          not to undergo additional surgery and instead choose breast 
          prostheses.
              (8) The Women's Health and Cancer Rights Act of 1998 
          (WHCRA; Public Law 105-277) requires health plans that offer 
          breast cancer coverage to also provide for breast 
          reconstruction.
              (9) Required coverage for breast reconstruction includes 
          all the necessary stages of reconstruction. Surgery of the 
          opposite breast for symmetry may be required. Breast prostheses 
          may be necessary. Other sequelae of breast cancer treatment, 
          such as lymphedema, must be covered.
              (10) Up to 70 percent of women eligible for breast 
          reconstruction are not informed of their reconstructive 
          options.
              (11) Several states have enacted laws to require that women 
          receive information on their breast cancer treatment and 
          reconstruction options.
              (12) A 2009 study by Amy Alderman, M.D. at the University 
          of Michigan and Caprice Greenberg of the Dana Farber Institute 
          determined the two dominant reasons why women did not undergo 
          breast reconstruction: (1) the woman was not informed of her 
          options, and (2) the woman was not referred to a breast 
          reconstruction surgeon.
              (13) According to a 2008 report by Greenberg, most women 
          undergo breast reconstruction because the option was offered 
          and discussed by the breast cancer surgeon. This critical 
          discussion is often lacking.
              (14) Greenberg reports that women with Medicare undergo 
          breast reconstruction at a rate of 11 percent. Women with 
          managed care or indemnity insurance undergo reconstruction at a 
          rate of approximately 54 percent. Nationally, only 33 percent 
          of eligible women with breast cancer undergo breast 
          reconstruction.
  
  SEC. 3. BREAST RECONSTRUCTION EDUCATION.
  
      Part V of title III of the Public Health Service Act (42 U.S.C. 
  280; programs relating to breast health and cancer) is amended by 
  adding at the end the following:
  
  ``SEC. 399NN-1. BREAST RECONSTRUCTION EDUCATION.
  
      ``(a) In General.--The Secretary shall provide for the planning and 
  implementation of an education campaign to inform breast cancer 
  patients anticipating surgery regarding the availability and coverage 
  of breast reconstruction, prostheses, and other options.
      ``(b) Information To Be Disseminated.--
              ``(1) Specific information.--Such campaign shall include 
          dissemination of the following information:
                      ``(A) Breast reconstruction is possible at the time 
                  of breast cancer surgery, or in a delayed fashion.
                      ``(B) Prostheses or breast forms may be available.
                      ``(C) Federal law mandates both public and private 
                  health plans to include coverage of breast 
                  reconstruction and prostheses.
                      ``(D) The patient has a right to choose their 
                  provider of reconstructive care, including the 
                  potential transfer of care to a surgeon that provides 
                  breast reconstructive care.
                      ``(E) The patient may opt to undergo breast 
                  reconstruction in a delayed fashion for personal 
                  reasons, or after completion of all other breast cancer 
                  treatments.
              ``(2) Other information.--In addition to the information 
          described in paragraph (1), such campaign may include 
          dissemination of such other information (whether developed by 
          the Secretary or by other entities) as the Secretary determines 
          relevant.
              ``(3) Restriction.--Such campaign shall not specify, or be 
          designed to serve as a tool to limit, the health care providers 
          available to patients.
      ``(c) Consultation.--In developing the information to be 
  disseminated under this section, the Secretary shall consult with 
  appropriate medical societies and patient advocates related to breast 
  cancer, breast reconstructive surgery, and breast prostheses and breast 
  forms.''.
target: Breast Cancer Patient Education Act of 2012 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options.
  
  Requires such campaign to include dissemination of the following information: (1) breast reconstruction is possible at the time of breast cancer surgery or in a delayed fashion; (2) prostheses or breast forms may be available; (3) federal law mandates that both public and private health plans include coverage of breast reconstruction and prostheses; (4) the patient has a right to choose the provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care; and (5) the patient may opt to undergo breast reconstruction in a delayed fashion for personal reasons or after completion of all other breast cancer treatments.
  
  Prohibits such campaign from specifying, or being designed to serve as a tool to limit, the health care providers available to patients.
feat_title: To amend the Public Health Service Act to raise awareness of, and to educate breast cancer patients anticipating surgery regarding, the availability and coverage of breast reconstruction, prostheses, and other options.