House
File
727
-
Introduced
HOUSE
FILE
727
BY
BROWN-POWERS
and
A.
MEYER
A
BILL
FOR
An
Act
relating
to
health
insurance
coverage
for
certain
1
post-mastectomy
related
issues,
and
including
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2587YH
(5)
89
ko/rn
H.F.
727
Section
1.
NEW
SECTION
.
514C.36
Mastectomies.
1
1.
As
used
in
this
section,
unless
the
context
otherwise
2
requires:
3
a.
“Cost
sharing”
means
any
coverage
limit,
copayment,
4
coinsurance,
deductible,
or
other
out-of-pocket
expense
5
obligation
imposed
on
a
covered
person
by
a
policy,
contract,
6
or
plan
providing
for
third-party
payment
or
prepayment
of
7
health
or
medical
expenses.
8
b.
“Covered
person”
means
a
policyholder,
subscriber,
or
9
other
person
participating
in
a
policy,
contract,
or
plan
that
10
provides
for
third-party
payment
or
prepayment
of
health
or
11
medical
expenses.
12
c.
“Health
care
professional”
means
the
same
as
defined
in
13
section
514J.102.
14
d.
“Mastectomy”
means
the
removal
of
all
or
part
of
a
breast
15
for
a
medically
necessary
reason
as
determined
by
a
covered
16
person’s
health
care
professional.
17
2.
Notwithstanding
the
uniformity
of
treatment
requirements
18
of
section
514C.6,
a
policy,
contract,
or
plan
providing
19
for
third-party
payment
or
prepayment
of
health
or
medical
20
expenses,
and
that
provides
coverage
for
mastectomies,
shall
21
provide
coverage
for
all
of
the
following:
22
a.
Physical
complications
caused
by
a
mastectomy,
including
23
lymphedema.
24
b.
Prosthetic
devices.
25
c.
A
custom
fabricated
breast
prothesis
for
each
breast
on
26
which
a
mastectomy
has
been
performed.
27
d.
One
additional
breast
prothesis
for
each
breast
affected
28
by
a
mastectomy.
29
e.
Reconstructive
surgery
incident
to
a
mastectomy,
in
30
the
manner
determined
by
the
covered
person
and
the
covered
31
person’s
health
care
professional
to
be
appropriate,
including
32
all
of
the
following:
33
(1)
All
stages
of
reconstruction
of
the
breast
on
which
the
34
mastectomy
has
been
performed.
35
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2587YH
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3
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727
(2)
Surgery
and
reconstruction
of
the
breast
on
which
the
1
mastectomy
was
not
performed
to
produce
symmetry
with
the
2
breast
on
which
the
mastectomy
was
performed.
3
3.
Coverage
shall
not
be
subject
to
cost
sharing
that
is
4
greater
than
the
cost
sharing
that
a
policy,
contract,
or
plan
5
imposes
for
a
mastectomy
under
the
policy,
contract,
or
plan.
6
4.
a.
This
section
shall
apply
to
the
following
classes
of
7
third-party
payment
provider
contracts,
policies,
or
plans:
8
(1)
Individual
or
group
accident
and
sickness
insurance
9
providing
coverage
on
an
expense-incurred
basis.
10
(2)
An
individual
or
group
hospital
or
medical
service
11
contract
issued
pursuant
to
chapter
509,
514,
or
514A.
12
(3)
An
individual
or
group
health
maintenance
organization
13
contract
regulated
under
chapter
514B.
14
(4)
A
plan
established
for
public
employees
pursuant
to
15
chapter
509A.
16
b.
This
section
shall
not
apply
to
accident-only,
specified
17
disease,
short-term
hospital
or
medical,
hospital
confinement
18
indemnity,
credit,
dental,
vision,
Medicare
supplement,
19
long-term
care,
basic
hospital
and
medical-surgical
expense
20
coverage
as
defined
by
the
commissioner
of
insurance,
21
disability
income
insurance
coverage,
coverage
issued
as
a
22
supplement
to
liability
insurance,
workers’
compensation
or
23
similar
insurance,
or
automobile
medical
payment
insurance.
24
5.
The
commissioner
of
insurance
shall
adopt
rules
pursuant
25
to
chapter
17A
to
administer
this
section.
26
Sec.
2.
APPLICABILITY.
This
Act
applies
to
third-party
27
payment
provider
contracts,
policies,
or
plans
delivered,
28
issued
for
delivery,
continued,
or
renewed
in
this
state
on
or
29
after
January
1,
2022.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
health
insurance
coverage
for
certain
34
post-mastectomy
related
issues.
35
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2587YH
(5)
89
ko/rn
2/
3
H.F.
727
The
bill
defines
“mastectomy”
as
the
removal
of
all
or
part
1
of
a
breast
for
a
medically
necessary
reason
as
determined
by
a
2
covered
person’s
health
care
professional.
3
The
bill
requires
a
health
carrier
that
offers
individual,
4
group,
or
small
group
contracts,
policies,
or
plans
(plans)
in
5
this
state
that
provide
for
third-party
payment
or
prepayment
6
of
health
or
medical
expenses,
and
that
provide
coverage
for
7
mastectomies,
to
provide
coverage
for
physical
complications
8
caused
by
a
mastectomy,
including
lymphedema;
prosthetic
9
devices;
a
custom
fabricated
breast
prothesis
for
each
breast
10
on
which
a
mastectomy
has
been
performed;
one
additional
breast
11
prothesis
for
each
breast
affected
by
a
mastectomy;
all
stages
12
of
reconstruction
of
the
breast
on
which
the
mastectomy
has
13
been
performed;
and
surgery
and
reconstruction
of
the
breast
on
14
which
the
mastectomy
was
not
performed
to
produce
symmetry
with
15
the
other
breast.
16
The
coverage
cannot
be
subject
to
cost
sharing
that
is
17
greater
than
the
cost
sharing
that
a
plan
imposes
for
a
18
mastectomy
under
the
plan.
19
The
bill
applies
to
the
third-party
payment
providers
20
enumerated
in
the
bill.
The
bill
specifies
the
types
of
21
specialized
health-related
insurance
which
are
not
subject
to
22
the
coverage
requirements
of
the
bill.
23
The
commissioner
of
insurance
must
adopt
rules
to
administer
24
the
requirements
of
the
bill.
25
The
bill
applies
to
third-party
payment
provider
plans
26
delivered,
issued
for
delivery,
continued,
or
renewed
in
this
27
state
on
or
after
January
1,
2022.
28
-3-
LSB
2587YH
(5)
89
ko/rn
3/
3