Women's Health Rights and Cancer Act - Alaska

Summary of differences between federal and state regulations

Health insurance issuers are required to provide benefits for certain services relating to mastectomies for individual health insurance policies offered, sold, issued, renewed, in effect, or operated on or after October 21, 1998. These requirements are generally within the jurisdiction of the State insurance department.

The federal laws regarding women’s health rights include the following provisions:

• If the plan covers mastectomies, it must cover 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 a manner determined in consultation with the attending physician and the patient. (Women’s Health Rights and Cancer Act)
• If the group health plan provides maternity coverage, it must cover at least a 48-hour hospital stay following childbirth (96-hour stay in the case of Cesarean section). (Newborns' and Mothers' Health Protection Act)

The state laws include the following provisions:

• Health care insurers that offer, issues for delivery, delivers, or renews a health care insurance plan must provide coverage for low-dose mammography screening if the plan covers mastectomies and prosthetic devices and reconstructive surgery incident to mastectomies. (§21.42.375)
• Health care insurer that offers, issues for delivery, delivers, or renews in this state a health care insurance plan shall provide coverage for the costs of cervical cancer screening tests. (§21.42.395)

State

Contact

Division of Insurance

Regulations

Alaska Stat. Title 21, Insurance

Alaska Stat. §21.42.375 Coverage for mammograms

Alaska Stat. §21.42.395 Coverage for prostate and cervical cancer detection

Federal

Contact

Employee Benefits Security Administration (EBSA)

Regulations

See the text of the Women’s Health and Cancer Rights Act under Acts/Laws, Title 1, Subtitle B, Part 7, Subpart B; and the U.S. Code, Title 29, chapter 18, §1185b.

See also U. S. Code Title 29, chapter 18, §1185 for laws regarding mothers.

29 CFR 1604.10 (Employment policies relating to pregnancy and childbirth)

29 CFR chapter XXV (Parts 2509 – 2590)