S. 3069 Introduced Into Senate

Published in Government Relations on October 19, 2023

S. 3069 Introduced Into Senate

On Oct. 18, U.S. Senators Tammy Duckworth (D-IL) and Lisa Murkowski (R-AK) re-introduced legislation to ensure breast cancer patients and survivors who have experienced a mastectomy are able to access custom breast prosthetics under Medicare. The Breast Cancer Patient Equity Act would provide coverage for custom fabricated breast prostheses—which, unlike other prosthetic devices, are not currently covered by Medicare—to the more than 100,000 women who undergo mastectomies annually. 

“We can do so much more to help patients and survivors of breast cancer fully recover and achieve the best quality of life,” said Sen. Duckworth. “It is absurd that the breast is the only human body part not currently covered by Medicare as a customized replacement, which is one of the reasons why I’m proud to reintroduce this legislation with Senator Murkowski to finally change that and help expand access and options for women who have already been through so much.”

“Battling breast cancer is a traumatizing experience for the many women who go through it—and right now, many who undergo mastectomies have poor choices when it comes to reconstructive surgeries. That’s why I’m proud to join Senator Duckworth on the Breast Cancer Patient Equity Act, which would provide more choices for women who undergo mastectomies,” said Sen. Murkowski. “This bill will not just expand coverage under Medicare for thousands of women, but it will also aid in the emotional and physical healing for women who battled breast cancer.”

A copy of the bill text is available here.

"We’re fortunate to have such strong support from Sen. Duckworth and Sen. Murkowski. They understand there’s so much more to recovering from breast cancer than being done with chemotherapy and radiation treatment," said Nikki Jensen, vice president of Essentially Women. "Being able to move forward with the breast replacement option that’s most appropriate for the patient is an important part of recovery."

For most women, a flat-backed, off-the-shelf breast prosthesis will be suitable and fit well. However, after mastectomy surgery, not all women will have a flat chest wall to allow a good fit for off-the-shelf prosthesis. Further, it can be difficult for some women, particularly women of color, to find prostheses that match their skin tone.

In recent years, technological advancements have enabled the creation and precise fitting of custom breast prostheses. Custom prostheses are typically made from higher-end silicone products produced in a unique mold designed to fit the chest like a puzzle piece. Through laser scans of the chest, which may have bumps, scarring, or dips due to surgery, many women find that custom breast prostheses provide a superior fit and comfort. Unfortunately, these patients and survivors may struggle to access custom breast prostheses due to lack of coverage.

The need for grassroots advocates to step forward and ask their own senators and representatives in Congress to support this bicameral legislation is essential in ensuring that Medicare beneficiaries are able to select custom breast prosthesis if that’s the right choice for them.

Learn more and take action here


TAGS

  1. essentially women
  2. legislation
  3. let her decide
  4. mastectomy
  5. vgm government
  6. women's health

From Our Experts

Senate Backs DME Relief Act with Bipartisan Support thumbnail Senate Backs DME Relief Act with Bipartisan Support In a significant development for the durable medical equipment (DME) industry and Medicare beneficiaries, the U.S. Senate has introduced S.2951, the companion legislation to H.R. 2005, known as the DMEPOS Relief Act of 2025. The Senate bill is being led by Senator James Lankford (R-OK) and has gained bipartisan support with Senator Maggie Hassan (D-NH) joining as a co-sponsor. Gov't Shutdown: What It Means for Providers thumbnail Gov't Shutdown: What It Means for Providers As expected, Democrats and Republican members of the Senate was unable to agree on terms in passing a continuing resolution (CR) ahead of the October 1st deadline, resulting in a government shutdown. But how did we get here? Oppose DMEPOS Bidding Expansion – Take Action Now thumbnail Oppose DMEPOS Bidding Expansion – Take Action Now A critical Congressional Sign-On Letter is now circulating in the House of Representatives, led by Reps. Neal Dunn (R-FL) and Greg Murphy (R-NC). This bipartisan letter calls on CMS to stop the proposed expansion of the durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) Competitive Bidding Program to include ostomy and urological supplies. Gov't Shutdown & Telehealth Flexibility Expiration thumbnail Gov't Shutdown & Telehealth Flexibility Expiration September 30 represents an important date for HME providers for two reasons: 1) The potential of a government shutdown and how that affects HHS and CMS, and 2) the expiration of Telehealth Flexibilities unless a Continuing Resolution (CR) is agreed upon in time. Josh Turek Visits VGM to Champion Accessibility & Advocacy thumbnail Josh Turek Visits VGM to Champion Accessibility & Advocacy Waterloo, IA — On Monday, VGM Group hosted the first of our “Meet The Candidate” forums by welcoming Iowa State Representative Josh Turek, a Democratic candidate for the U.S. Senate seat soon to be vacated by Senator Joni Ernst. VGM & NCART Rally in D.C. to Defend CRT & HME Access thumbnail VGM & NCART Rally in D.C. to Defend CRT & HME Access Washington, D.C. – September 2025 — A powerful few days of advocacy wrapped up in the nation's capital as representatives from VGM Group, NCART, AAHomecare, and other key stakeholders in the Complex Rehab Technology (CRT) and Home Medical Equipment (HME) industries met with lawmakers to address urgent policy concerns. Igniting Champions Of Change During August Recess thumbnail Igniting Champions Of Change During August Recess This August recess, DME suppliers across the country seized the opportunity to engage with lawmakers and advocate for critical DMEPOS legislation. Their efforts are helping to build momentum and expand the network of congressional supporters. You Got The Contract! ...Now What?! Part 3: Contract Implementation thumbnail You Got The Contract! ...Now What?! Part 3: Contract Implementation Contract Implementation: Turning Agreements Into Revenue  Securing a contract is worth celebrating—but what happens next is just as critical. Do you have a structured process for implementation, or does the contract sit in your inbox waiting for an issue to arise? A robust implementation workflow is essential to ensure accurate and timely reimbursement and avoid preventable denials.