The U.S. Women's Health and Cancer Rights Act
, also known as Janet's Law
, signed into law on October 21, 1998, contains protections for patients who elect breast reconstruction
in connection with a mastectomy.
This law, which is administered by the Departments of Labor and Health and Human Services, states that group health plans, insurance companies and health maintenance organizations
(HMOs) must provide coverage for reconstructive surgery after mastectomy for breast cancer and prohibited "drive through" mastectomies, where breast cancer patient's hospital stays were limited by their carriers
. The required coverage includes 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 treatment of physical complications of the mastectomy, including lymphedema.
The history of the law is an interesting one. Prior to 1998, although several states had laws requiring health insurance
carriers to cover reconstructive surgery, there was no federal legislation and many states did not offer such protection. In addition, self-funded insurance plans, such as those often offered by unions, which fall under federal ERISA guidelines, also did not have such protection. A 32-year-old Long Island
woman, Janet Franquet, was diagnosed with an aggressive
form of breast cancer in late 1997. She required a mastectomy, after chemotherapy to try to shrink her tumor, and desired reconstructive surgery to restore the breast. Upon contacting her insurance carrier, her reconstructive surgeon, Dr. Todd Wider, learned
that her insurance plan, a self-funded plan
, refused to cover the reconstructive surgery, and considered it cosmetic. The carrier recommended using a skin graft. Dr. Wider went ahead and performed the surgery for free, but he was outraged by the carrier's decision. Wider decided to begin a crusade to change the law. He contacted a number of politicians, and Senator Alphonse D'Amato became an outspoken supporter of legislation to change this. D'Amato led a nationwide bipartisan lobbying
effort that culminated in legislation that he sponsored with Senator Dianne Feinstein and 21 other senators. Speaking on the floor
of the Congress, D'Amato said when he had heard that the insurance carrier had denied Ms. Franquet coverage for her surgery:
Mr. President, I decided that I would give Mrs. Franquet's insurance company
a call. When I spoke with the Medical Director, he told me that "replacement
of a breast is not medically necessary
. This is not a bodily
function and therefore cannot and should not be replaced" ... Luckily for her, Dr. Todd Wider agreed to forgo payment of this surgery. ... I ask you, Mr. President, how many other Janet Franquets are out there? Will they be lucky enough to have a Dr. Wider to take care of them? ... Too many women have been denied reconstructive surgery because insurers have deemed the procedure cosmetic and not medically necessary. It is absolutely wrong.
On October 21, 1998, the Women's Health and Cancer Rights Act (WHCRA) was signed into federal law and officially named "Janet’s Law". Since passage of this law, many thousands of women have had reconstructive surgery after mastectomy. However, many women have not had good reconstructive results, and further, had to battle their insurance companies to cover board certified
surgeons who are breast specialists, rather than medical generalists frequently rated
below national average. While the 1998 Act was hugely significant, implementation has been uneven and frequently of little practical use to women choosing reconstruction after mastectomy. Presently
no mandates exist that allow a woman to choose her surgical team, no mandates exist for insurance companies to pay PPO rates to non-PPO providers, and no mandates exist to cover the procedure inpatient at a hospital rather than at an office or surgery center. Currently there is a proposed Amendment to this Act circulating in the State of California, calling for fast
track options that address all of this, and give women far greater control over their own treatment.