PlainBillCongress, translated.Legislation. Context. Public interest.Congressional Research Service
Version 36 · Passed House amended · Sep 25, 2008
Breast Cancer Patient Protect Act of 2008 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan or a health issuer offering group health insurance coverage that provides medical and surgical benefits to ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy are provided for breast cancer treatment. Prohibits such a plan or issuer from: (1) restricting benefits for any hospital length of stay to less than 48 hours in connection with a mastectomy or breast conserving surgery or 24 hours in connection with a lymph node dissection, insofar as the attending physician, in consultation with the patient, determines such stay to be medically necessary; or (2) requiring that a provider obtain authorization from the plan or issuer for prescribing any such length of stay.
Requires such a plan or issuer to: (1) provide notice (prominently in the summary of the plan) to each participant and beneficiary regarding the coverage required under this Act; (2) ensure that coverage is provided for secondary consultations (on terms and conditions that are no more restrictive than those applicable to the initial consultations) by specialists in the appropriate medical fields to confirm or refute a diagnosis of cancer; and (3) ensure that coverage is provided for such secondary consultations whether the consultation is based on a positive or negative initial diagnosis.
Prohibits such a plan or issuer from: (1) penalizing or otherwise reducing or limiting the reimbursement of a provider or specialist because of care to a participant or beneficiary in accordance with this Act; (2) providing incentives for a physician or specialist to keep the length of inpatient stays below certain limits following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer or to limit referrals for secondary consultations; or (3) providing incentives for a physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered.
Showing the opening paragraphs of the official summary.
Applies such requirements to health insurance issuers offering coverage in the individual market.
Allows a health insurance issuer that provides individual health insurance coverage to nonrenew or discontinue an individual's coverage based on the intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed. Sets forth procedures for notice and independent, external review of any proposed nonrenewal, discontinuation, or rescission of health insurance coverage.
People & committees
Rep. DeLauro, Rosa L. [D-CT-3] · D–CT
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Received in the Senate.
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 421 - 2 (Roll no. 639). (text: CR 9/23/2008 H8661-8664)
House roll call 639 · Individual votesPassed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 421 - 2 (Roll no. 639).(text: CR 9/23/2008 H8661-8664)
House roll call 639 · Individual votesConsidered as unfinished business. (consideration: CR H9896)
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
DEBATE - The House proceeded with forty minutes of debate on H.R. 758.
Considered under suspension of the rules. (consideration: CR H8661-8666)
Mr. Pallone moved to suspend the rules and pass the bill, as amended.
Placed on the Union Calendar, Calendar No. 564.
Committee on Education and Labor discharged.
Committee on Education and Labor discharged.
Committee on Ways and Means discharged.
Committee on Ways and Means discharged.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 110-868, Part I.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 110-868, Part I.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Subcommittee Hearings Held.
Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Mar 23, 2026. Consult Congress.gov for the current record.
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