Relates to hospital care for mastectomy, lumpectomy, and lymph node dissection patients

• Democratic3

◆ The sponsor's argument

Why Julia Salazar says this is needed

The Centers for Disease Control indicate that breast cancer is the second most common cancer among women in the United States. Women should be armed with all the information they need to make the best decision for themselves and their bodies, these very personal decisions should include the option of an aesthetic flat closure following surgery. A 2021 study released by the journal Annals of Surgical Oncology (1) indicates that more women are choosing to opt out of breast recon- struction after mastectomy surgery. The study further indicates that for many of those women their decision was not supported by their surgeon citing older studies indicating reconstruction provided a better quality of life option for women. In recent years, however, a growing number of women and advocacy groups have been outspoken about aesthetic flat closures and the pushback received from breast surgeons who have pushed heavily towards reconstruction. Women undergoing cancer treatment are dealing with enough trauma and to also have to worry about their surgeon going against their treatment choice should not be part of their recovery journey. In many cases, surgeons who do a mastectomy with no reconstruction often leave extra skin in case the patient changes her mind and then decides to choose implants. However, this action adds stress and the need to obtain "revision surgery" to remove the excess skin; sometimes more than one revision surgery may be needed. A woman's choice to go "flat" is very personal and can include wanting to avoid additional surgeries, feeling comfortable with this option, and even looking to avoid additional complications. In October 2021, the FDA strengthened the safety require- ments for manufacturers requiring that patients are warned of possible complications from the use of breast implants. (2) This action by the FDA was a direct result of issues faced by thousands of women after receiving breast implants. Implants have been linked to a long list of side effects and exposure to cancer causing materials. The FDA's new requirement ensures patients are informed of all risks associated with using breast implants. The patient should be fully informed of all risks to allow them to choose the best option for themselves. Another issue faced by women who choose going flat is a surgeon's failure to provide an aesthetically pleasing outcome after surgery. This leads to more surgeries, which can be costly for patients who may have high copayments or may not be able to take time off from work. According to the recently recognized term by the National Cancer Institute, an "aesthetic flat closure" is a type of surgery that is done to rebuild the shape of the chest wall after one or both breasts are removed. An aesthetic flat closure may also be done after removal of a breast implant that was used to restore breast shape. During an aesthetic flat closure, extra skin, fat, and other tissue in the breast area is removed. The remaining tissue is then tightened and smoothed out so that the chest wall appears flat. Federal protections are already in place to ensure women undergoing breast cancer receive the care they need. The 1998 Women's Health and Cancer Rights Act is the federal law that provides protection to those who choose to have breast reconstruction in connection with a mastectomy (3). Coverage must be provided for: 1) all stages of reconstruction of the breast on which the mastectomy has been performed; 2) surgery and reconstruction of the other breast to produce a symmetrical appearance; and 3) prosthesis and treatment of physical complications of all stages of the mastectomy, including lymphedema. This bill ensures breast cancer patients are informed of their choices, which include the option of an aesthetic flat closure. As more women continue to opt for this, their decision should be respected by the medical professionals providing care during their breast cancer journey. AMENDED BILL: The "A" print of this bill makes minor cha

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.