Chapter 208 Oregon Laws 2011

 

AN ACT

 

HB 3616

 

Relating to health insurance coverage of mastectomy; amending ORS 743A.110.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. ORS 743A.110 is amended to read:

          743A.110. (1) As used in this section, “mastectomy” means the surgical removal of all or part of a breast or a breast tumor suspected to be malignant.

          [(1)] (2) All insurers offering a health benefit plan as defined in ORS 743.730 shall provide payment, coverage or reimbursement for mastectomy and for the following [mastectomy-related] services related to a mastectomy as determined by the attending physician and enrollee to be part of the enrollee’s course or plan of treatment:

          (a) All stages of reconstruction of the breast on which a mastectomy was performed, including but not limited to nipple reconstruction, skin grafts and stippling of the nipple and areola;

          (b) Surgery and reconstruction of the other breast to produce a symmetrical appearance;

          (c) Prostheses;

          (d) Treatment of physical complications of the mastectomy, including lymph edemas; and

          (e) Inpatient care related to the mastectomy and post-mastectomy services.

          [(2)] (3) An insurer providing coverage under subsection [(1)] (2) of this section shall provide written notice describing the coverage to the enrollee at the time of enrollment in the health benefit plan and annually thereafter.

          [(3)] (4) A health benefit plan must provide a single determination of prior authorization for all [mastectomy-related] services related to a mastectomy covered under subsection [(1)] (2) of this section that are part of the enrollee’s course or plan of treatment.

          [(4)] (5) When an enrollee requests an external review of an adverse decision by the insurer regarding services described in subsection [(1)] (2) of this section, the insurer must expedite the enrollee’s case pursuant to ORS 743.857 (4).

          [(5)] (6) The coverage required under subsection [(1)] (2) of this section is subject to the same terms and conditions in the plan that apply to other benefits under the plan.

          [(6)] (7) This section is exempt from ORS 743A.001.

 

Approved by the Governor June 1, 2011

 

Filed in the office of Secretary of State June 2, 2011

 

Effective date January 1, 2012

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