Human Resource Blog

WHCRA in Georgia

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What is there about the WHCRA that we need to know in Georgia?

The Womens Health and Cancer Rights Act protects the health care needs of employees in states across the U.S., including in Georgia. However, the WHCRA does not apply to all employees. Also, the WHCRA only applies to employees that have a participating health care coverage plan. In some cases, the employer will provide the health care coverage plan. In other cases, the employee may have a health care coverage plan through an external party. Regardless, the WHRCA could still apply to the employee.

According to the WHCRA, when an employee has a health care coverage plan that covers the cost of a mastectomy, the employee will also have the right to have additional treatments that are related to the mastectomy. However, these additional treatment are only available to the employee under the WHCRA if the employee is having the treatments as a result of the mastectomy.

The WHCRA may apply to health insurance companies, group health care plans (such as the ones provided to the employee by the employer) and Health Maintenance Organizations.

According to the WHCRA, if the employee has to have a mastectomy, the employee should receive the following benefits from the health care coverage provider:

• Coverage for the cost to reconstructive the breast after the mastectomy
• Coverage for treatments that may be required to create a symmetrical appearance between the breast
• Coverage for the cost of a prosthetic, including the implantation of the prosthetic
• Minimum levels of treatment and minimum stays in the hospital
• Treatment for conditions that may result from either surgery, including lymphoma
• Treatment for complication from either surgery

Employees that are enrolled with a qualifying plan should receive a notice of their rights under the WHCRA when they sign up for the plan. Also, this notice should be sent to participating plan holders on an annual basis, outlining the treatment rights that the patients have under the WHCA. CB