What's happening
This bill requires New York's health department to reimburse hospitals for medically necessary donor breast milk for certain critically ill infants.
Why it matters
Makes access to donor breast milk a covered benefit for certain medically vulnerable infants. specifically, infants under three months old who are critically ill and in neonatal intensive care units, provided all medical and quality criteria are met.
Sets strict safeguards to ensure the safety and necessity of provided donor milk. , requiring a physician’s order, department confirmation of medical necessity, informed parental consent, and sourcing only from state-approved milk banks.
Directs the state to use evidence-based, standardized guidelines and an electronic prior authorization system. to determine which cases qualify, aiming to ensure fairness and alignment with national best practices.
Requires the health department to create and enforce regulations and seek necessary federal approvals. , ensuring the program operates legally, consistently, and in coordination with federal requirements, which could affect Medicaid and related funding.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Cover Donor Breast Milk
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Cover Donor Breast Milk
In Assembly Committee · Health · Sponsor Michaelle C. Solages
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
61
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to reimbursement for donor human breast milk
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 2505-b to read as follows:
§ 2505-b. Reimbursement for breast milk. 1. The department shall reimburse a medical care facility for prescribed medically necessary donor human breast milk provided to a recipient of medical assistance if:
(a) such recipient is:
(i) an infant under the age of three months;
(ii) critically ill; and
(iii) in the neonatal intensive care unit of the hospital;
(b) a person licensed to practice medicine and surgery orders the donor human breast milk for the recipient;
(c) the department determines that the donor human breast milk is medically necessary for the recipient;
(d) the parent or legal guardian of the recipient signs and dates an informed consent form indicating the risks and benefits of using banked donor human breast milk; and
(e) the donor human breast milk is obtained from a donor human breast milk bank that meets the quality requirements established by the department.
2. An electronic prior authorization system that uses the best medical evidence and care and treatment guidelines consistent with national standards shall be used by the department to determine medical necessity.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04667-01-7
S. 61 2
3. The department shall promulgate rules and regulations necessary to implement the provisions of this section.
4. The department shall implement and administer the provisions of this section in a manner consistent with applicable federal laws and regulations. The department shall seek any necessary approvals of the federal government that are required for the implementation of this section.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to reimbursement for donor human breast milk
Purpose or general idea of bill
To provide reimbursement for donor human breast milk.
Summary of specific provisions
Section 1. The public health law is amended by adding a new section 2505-b to read as follows:
§ 2505-b. Reimbursement for breast milk.
1. The department shall reimburse a medical care facility for prescribed medically necessary donor human breast milk provided to a recipient of medical assistance if:
(a) such recipient is:
(i) an infant under the age of three months;
(ii) critically ill; and
(iii) in the neonatal intensive care unit of the hospital;
(b) a person licensed to practice medicine and surgery orders the donor human breast milk for the recipient;
(c) the department determines that the donor human breast milk is medically necessary for the recipient;
(d) the parent or legal guardian of the recipient signs and dates an Informed consent form indicating the risks and benefits of using banked donor human breast milk; and
(e) the donor human breast milk is obtained from a donor human breast milk bank that meets the quality requirements established by the department.
2. An electronic prior authorization system that uses the best medical evidence and care and treatment guidelines consistent with national standards shall be used by the department to determine medical necessity.
3. The department shall promulgate rules and regulations necessary to implement the provisions of this section.
4. The department shall implement and administer the provisions of this section in a manner consistent with applicable federal laws and regulations. The department shall seek any necessary approvals of the federal government that are required for the implementation of this section.
Justification
There is no current system to reimburse a medical care facility for prescribed medically necessary donor human breast milk provided to a recipient of medical assistance. The ideal source of nutrition for infants is human breast milk. Mothers of preterm infants face difficulty producing adequate amounts of breast milk to sustain their premature infants; which places the infant at risk for developing necrotizing enterocolitis (NEC). This is why the need for donor breast milk has become a necessary, desirable, and routine option to support preterm infants. North American donor milk is pasteurized at 62.5 lc for 30 minutes to remove any possible infectious or bacterial contaminants; although many bioactive and immunity compounds are either entirely or partially inactivated during this process.
Preterm infant ingestion of donor milk has show to reduce feeding intolerance, prevent NEC, and improve overall long-term health outcomes for preterm infants. Donor human breast milk should become a standardized component as a holistic and main approach of health care for preterm/premature infants. Banked donor human breast milk is safe and effective. According to the Human Milk Banking Association of North America, quality control is ensured as part of an adherence to mandatory inspections and guidelines.
Donor human breast milk costs roughly $4.50 an ounce. Although it is more expensive than formula, it is significantly less expensive than long term NEC hospital stays.
Prior legislative history
S.7570 of 2016 (Hoylman): Died in Health A.8511 of 2015-2016 (Solages): Died in Health
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.