Breast Cancer Patient Protection Act of 2008

Sponsor: ROSA DELAURO (D-CT)

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.

Health Topic assigned by the Congressional Research Service.