Human Resource Blog

WHCRA in South Dakota

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Labor Laws
Complete State & Federal Labor Law Posters 1 Year Compliance Protection Plan State ONLY Labor Law Posters Federal Labor Law Posters

If we have an employee in South Dakota that has been diagnosed with breast cancer, is she able to receive care according to some federal Act that we have heard about?

You may have heard about the Womens Health and Cancer Rights Act, which is a federal Act that was put into place in 1993 in order to ensure that if a health care coverage provider provides coverage for the cost of a mastectomy, the provider will also cover the cost of reconstructive surgery or any additional surgeries that may be required as a follow-up to the mastectomy.

The WHCRA only applies to those health care coverage plans that cover the cost of a mastectomy. In the event that your company health care coverage plan does not cover the cost of the mastectomy, then your employee may have to pay for the mastectomy and any additional procedures independently.

The WHCRA also ensures that if a covered employee needs to have any additional surgeries or treatments as a result of the breast cancer, the health care coverage provider will pay for the cost of those procedures. The Act extends to certain resulting conditions, such as lymphoma and also covers the cost of surgery that may be required in order to create a symmetrical appearance between the breasts after the mastectomy. If a prosthesis is needed, the Act states that the health care coverage policy should also cover the cost of the prosthesis.

Another benefit of the WHCRA has to do with the protection of the patient’s care. It sometimes happens that a health care provider will be bribed or otherwise influenced to reduce the treatment of a patient so that the employer or an interested party can save money. However, the Act prohibits health care providers from accepting bribes and employers from brining health care providers to release a patient early or to offer a lesser-quality treatment for the employee.

In order to know whether or not your employees are covered, check your health care provider’s insurance policy. If it covers the cost of a mastectomy, it will also cover the cost of reconstructive surgeries. CB