Breast Reconstruction Victory

By Lori McLuckie
From PHN Issue 54, Fall 2023

Dear Prison Health News,

Thank you very much for your letter in response to my inquiry about breast reconstruction after mastectomy.

Since I wrote that letter to you, a minor miracle has occurred: The Colorado Department of Corrections has made the decision to provide coverage for my reconstruction process. This decision was made in April 2022. Since then, I have had a consultation with the plastic surgeon, I’ve had the first surgery to install the expanders (the surgery occurred on Sept. 12, 2022), and I’ve begun the expansion process.

I am the first person in the history of Colorado to be provided this procedure by the Department of Corrections. I believe this shows a shift in mindset, and perhaps it will help as a persuasive argument for women in other states who are in the same situation. You are welcome to use my name and story in your newsletter to inform other women that this is now happening.

The point at which I prevailed in this endeavor was at the final step of the grievance process, which goes to the Department of Corrections headquarters. My understanding is that their legal advisor advocated for this to be done. I believe this has less to do with the federal Women’s Health and Cancer Rights Act (which, as you said, provides the “loophole” of only mandating insurance companies to provide coverage)—and much more to do with the fact that Colorado has recently been mandated via a lawsuit to provide gender-affirming surgery to transgender inmates. Although I am not transgender, I did invoke the concept of gender-affirming surgery, and I believe this was the factor that convinced them to cover my reconstruction.

I hope this information may prove to be helpful for other incarcerated women. Thank you for all you do.

Sincerely,
Lori McLuckie

Editor’s note:
We at Prison Health News congratulate Ms. McLuckie on her victory and celebrate her advocacy work. We also congratulate and celebrate the transgender women who have advocated for and won access to genderaffirming care in prison. This is an example of how transgender women and cisgender women can support each other’s health care needs even if we never meet each other in person. When one of us wins, all of us win! Health care is a human right for all.

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