South Queens, NY – New York State Assemblywoman Stacey Pheffer Amato celebrated the 3-year anniversary of the enactment of her nation-leading legislation, A.8537 (2022), which guarantees insurance coverage for all forms of post-mastectomy surgery. Specifically, the Assemblywoman’s bill fully mandates insurance coverage for Aesthetic Flat Closure, a choice women can make to obtain a flat chest wall instead of breast reconstruction after a mastectomy. With the enactment of Pheffer Amato’s legislation, New York became the first State in the country to provide women with the legal right to be able to decide their post-mastectomy outcome, and mandate that insurance pay for it.

Before Assemblywoman Pheffer Amato’s legislation, reconstructive surgery or breast implants were covered by insurance, but the option to have Aesthetic Flat Closure, or “go flat,” was not. The decision to “go flat” had been deemed “cosmetic” by insurance companies. This led to women being forced to have unwanted breast reconstructive surgery or left with pockets/flaps of skin on their chest – as a flat chest wall was not covered by insurance. Pheffer Amato’s law changed that policy and now ensures that women in New York have all post-mastectomy surgery options covered by insurance!

“This bill impacts women,” said Assemblywoman Pheffer Amato. She added, “3 years later and this coverage is outlined in every insurance booklet in New York State, and available to every woman in New York State. This work has ensured that a woman can choose how she wants her post-mastectomy body to look! We all know someone who has been impacted by breast cancer, and this law ensures that women don’t just survive, but thrive, and feel good about their own bodies. The legislation we passed pays tribute to those who didn’t have a choice, and now celebrates all the women who do.”

A 2023 report from the Society of Surgical Oncology said that roughly 62.5% of women who have a mastectomy have sought to opt-out of breast reconstruction and go for the Aesthetic Flat Closure option. In addition, a 2021 report with Annals of Surgical Oncology cited that nearly 74% of women who had Aesthetic Flat Closure were satisfied with their decision.