Breast reconstruction after mastectomy is federally mandated coverage under the Women's Health and Cancer Rights Act (WHCRA). If your reconstruction was denied, you have strong legal protections. This guide covers your rights and how to enforce them.
Your Legal Right to Coverage
The Women's Health and Cancer Rights Act (1998) requires group health plans that cover mastectomy to also cover:
- Reconstruction of the breast that was removed
- Surgery on the other breast for symmetry
- Prostheses (breast forms)
- Treatment of physical complications, including lymphedema
When Denials Still Occur
- Out-of-network surgeon — plan may cover but at lower out-of-network rate
- Specific reconstruction technique — plan may deny DIEP flap but approve implants
- Revision surgery — complications requiring revision may need separate authorization
- Delayed reconstruction — years after mastectomy, some plans question timing
- Prophylactic mastectomy — BRCA-positive patients may face denials for preventive surgery
Appeal Strategy
- Cite WHCRA directly — federal law mandates this coverage
- State insurance mandates may provide additional protections
- Plastic surgeon letter explaining why specific technique is medically appropriate
- For DIEP flap vs implants: document why free tissue transfer is preferred
- For delayed reconstruction: document psychological impact and medical appropriateness
Key Points
- WHCRA applies to all group health plans that cover mastectomy
- You cannot be subject to a separate deductible for reconstruction
- Your copay/coinsurance must be consistent with other surgical benefits