V-What are the rights of patients with breast cancer?

The diagnosis of cancer is news with a high emotional impact for the patient and her family. Along with all the concerns about the disease, another issue that is difficult to deal with arises: expenses. Brazilian legislation offers a set of benefits for patients or their dependents affected by malignant neoplasia.

These benefits aim to rescue citizenship and alleviate the inconvenience experienced by those who are facing the disease. Everyone must have access to this information and claim their rights, not only demanding compliance with the laws, but also denouncing systems that do not work properly or that disrespect the dignity and health of patients.:

There are several issues that arise when a woman is diagnosed with breast cancer. Many of them are related to professional activities, work relationships and the adequacy between treatment and employment. To help clarify and enforce your rights, we've listed some of the key rights regarding breast cancer and work.

The Instituto Oncoguia portal offers very complete and up-to-date information, in addition to providing the necessary forms to be used ( www.oncoguia.org.br ). Some of the benefits below:

PIS/Pasep – The withdrawal must be requested from Caixa Econômica Federal and Banco do Brasil.

Social security contribution – The exemption ceiling for social security contributions for public servants who are retired as a result of illness was increased, reducing the discounted amounts.

Exemption from IPVA, IPI, IOF AND ICMS on car purchases – If the patient has any type of limitation due to cancer, he or she may request a reduction in these amounts, which means approximately 30% of the vehicle purchase price.

Breast reconstruction surgery – This law guarantees the right to the benefit of breast reconstruction to patients who have undergone any surgery that caused partial or total loss of the breast. The surgery is guaranteed by SUS or by Health Plans, free of charge.

Insurance – Insurance premiums can be redeemed in contracts that have disability coverage clauses due to illness.

Discharge of the homeowner's house – If permanent disability due to the disease is proven, the financing of the homeowner's house will be paid off.

Transport, lodging and food – For patients undergoing treatment, the Ministry of Health Ordinance guarantees tickets, food and lodging for both the patient and their respective companion. If the patient lives in cities where there is no access to treatment, these costs are under the budgetary responsibility of the municipalities of origin.

Urban transport – Cancer patients are given the benefit of free urban transport during treatment.

Learn about the main laws that help breast cancer patients.

A woman with breast cancer is at a delicate time in life and often does not know who to turn to for support and information about the disease. Over time, in Brazil, many rights were assured to patients and are available in the public health network. The fight is relentless to expand access to quick diagnosis and adequate and advanced treatments in the SUS. Learn about the main rights guaranteed by law to cancer patients:

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Law 11.664/08 - Mammography Law

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The Unified Health System has a duty to ensure comprehensive care for women's health, including extensive information and educational work on early detection, treatment and control of the disease. Law No. 11,664/08 determines access to mammography exams for all women over 40 years of age, however, Ordinance 61/15 of the Ministry of Health, which is in force, recommends the exam only after 50 years of age.

Law 12.732/12 - Law of 60 days

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Most patients diagnosed with cancer must have access to the first treatment within 60 days after diagnosis in the SUS. This measure applies to almost all types of cancer and seeks to speed up the initiation of cancer treatment. The term starts from the date of the pathological report issued by the physician confirming the diagnosis. If the deadlines are not met, it is necessary to contact the Municipal Health Department of your city and inform your difficulty of care. If that is not enough, there are other actions the patient can take. To learn more, visit: http://www.otempocorrecontra.com.br/

Law 12.802/2013 - Law on Breast Reconstruction

The patient is entitled to undergo breast reconstruction surgery in the public health system, immediately after the tumor is removed or when there are clinical conditions for the procedure. This law changes Law 9,797/99, which already guaranteed the right to undergo breast reconstruction to all women undergoing surgery for the treatment of breast cancer since 1999, but not with such agility.

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LAW No. 13.770 OF DECEMBER 19, 2018

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The law provides for contralateral breast reconstruction.

§ 1 When there are technical conditions, breast reconstruction will be carried out during the surgical time of the mutilation referred to in the main section of this article.

§ 2 In the event of impossibility of immediate reconstruction, the patient will be referred for follow-up and will be guaranteed the surgery immediately after reaching the required clinical conditions.

§ 3 The contralateral breast symmetrization and reconstruction of the nipple-areola complex are part of the reconstructive plastic surgery provided for in the caption in § 1 of this article."