Federal · Title 29 — Labor
29 U.S.C. § 1185b: Required coverage for reconstructive surgery following mastectomies
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all stages of reconstruction of the breast on which the mastectomy has been performed; surgery and reconstruction of the other breast to produce a symmetrical appearance; and prostheses and physical complications of mastectomy, including lymphedemas; in the next mailing made by the plan or issuer to the participant or beneficiary; as part of any yearly informational packet sent to the participant or beneficiary; or not later than January 1, 1999 ; deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; and penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide incentives (monetary or otherwise) to an attending provider, to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. Nothing in this section shall be construed to preempt any State law in effect on October 21, 1998 , with respect to health insurance coverage that requires coverage of at least the coverage of reconstructive breast surgery otherwise required under this section. Nothing in this section shall be construed to affect or modify the provisions of section 1144 of this title with respect to group health plans. The amendments made by this section [enacting this section] shall apply with respect to plan years beginning on or after the date of enactment of this Act [ Oct. 21, 1998 ]. In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.”
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