Miami-Dade Legislative Item
File Number: 080928
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File Number: 080928 File Type: Resolution Status: Adopted
Version: 0 Reference: R-441-08 Control: Board of County Commissioners
File Name: BREAST CANCER PATIENT PROTECTION ACT, SB 459, HR 119, HR 758 Introduced: 3/31/2008
Requester: NONE Cost: Final Action: 4/22/2008
Agenda Date: 4/22/2008 Agenda Item Number: 11A5
Notes: Title: RESOLUTION URGING CONGRESS TO PASS THE BREAST CANCER PATIENT PROTECTION ACT, SB 459, HR 119, HR 758 OR SIMILAR LEGISLATION, THAT WOULD REQUIRE INSURANCE COMPANIES TO COVER A MINIMUM 48-HOUR HOSPITAL STAY FOR PATIENTS UNDERGOING A MASTECTOMY AND OTHER PROCEDURES
Indexes: LEGISLATURE
Sponsors: Rebeca Sosa, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/22/2008 11A5 Adopted P

County Manager 4/17/2008 Additions 4/22/2008

County Manager 4/17/2008 Assigned 4/22/2008

Budget and Finance Committee 4/15/2008 2O Forwarded to the BCC by the BCC Chairperson with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Heffernan read the foregoing proposed resolution into the record. It was moved by Commissioner Sosa that this proposed resolution be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Sorenson. Commissioners Sorenson, Gimenez, Diaz, and Chairman Martinez asked that they be listed as co-sponsors. Hearing no other questions or comments, the Committee proceeded to vote. Chairman Martinez noted he would prepare a memorandum requesting that Chairman Barreiro waive the Board's Rules and Procedures to allow this proposed resolution to be considered at the April 22, 2008, County Commission Meeting.

County Attorney 3/31/2008 Referred Budget and Finance Committee 4/15/2008

County Attorney 3/31/2008 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING CONGRESS TO PASS THE BREAST CANCER PATIENT PROTECTION ACT, SB 459, HR 119, HR 758 OR SIMILAR LEGISLATION, THAT WOULD REQUIRE INSURANCE COMPANIES TO COVER A MINIMUM 48-HOUR HOSPITAL STAY FOR PATIENTS UNDERGOING A MASTECTOMY AND OTHER PROCEDURES

BODY
WHEREAS, breast cancer is the second leading cause of death for women in America; and
WHEREAS, women in the U.S. today have a 1 in 7 chance of developing breast cancer in their lifetime; and
WHEREAS, every year, more than 216,000 women will receive a life-altering breast cancer diagnosis; and
WHEREAS, the Breast Cancer Patient Protection Act (“the Act”) would end the practice of “drive-through” mastectomies, where women are sometimes forced to leave the hospital just hours after their physically and emotionally difficult surgeries even if they and their doctors feel they are not ready to go home; and
WHEREAS, the Act would require that health plans provide coverage for a minimum hospital stay for mastectomies, lumpectomies, and lymph node dissection for the treatment of breast cancer and coverage for secondary consultations; and
WHEREAS, the Act would ensure a minimum hospital stay of 48 hours to any woman who requires it following such procedures; and
WHEREAS, the Act does not mandate a 48 hour hospital stay nor does it set 48 hours as a maximum amount of time a woman can stay in the hospital; and
WHEREAS, the Act does ensure that any decision in favor of a shorter or longer hospital stay will be made by the patient and her doctor; and
WHEREAS, U.S. Senator Olympia Snowe (R-ME) and Congresswoman Rosa L. DeLauro (D-CT), filed the Breast Cancer Patient Protection Act, which enjoys bipartisan support; and
WHEREAS, the Act is supported by the American College of Surgeons; American Medical Association; Association of Women’s Health, Obstetric and Neonatal Nurses; Families USA; Oncology Nursing Society; Society for Women’s Health Research; The Susan G. Komen Breast Cancer Foundation and the Y-Me National Breast Cancer Organization,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Urges the United States Congress to enact the Breast Cancer Patient Protection Act, SB 459, HR 119, HR 758 or similar legislation that would require insurance companies to cover a minimum of 48-hour hospital stay for patients undergoing a mastectomy if the doctor and patient believe it to be appropriate.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the two U.S. Senators that represent Florida and the members of the Miami-Dade County Congressional Delegation.
Section 3. Directs the County’s federal lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2008 Federal Legislative Package.



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