What's happening
This bill requires New York's medical assistance program to cover the cost of donor breast milk for certain medically vulnerable infants.
Why it matters
Addresses a critical health need. By requiring coverage for donor breast milk for infants who are extremely premature (birth weight ≤ 1500 grams) or have serious intestinal conditions, the bill targets babies at highest risk for life-threatening complications like necrotizing enterocolitis and infections.
Supports families facing medical barriers. The coverage applies when a baby or mother cannot breastfeed due to medical or physical reasons, even after receiving optimal lactation support—helping families who would otherwise face significant barriers to accessing this vital nutrition.
Limits financial burden on families and hospitals. By mandating Medicaid to cover both the cost of the donor milk and reasonable processing/handling fees from certified nonprofit milk banks, the bill removes a significant out-of-pocket expense for vulnerable families and addresses potential disparities in access based on ability to pay.
Sets clear medical guidelines and duration. Coverage is specifically for inpatient infants up to 34 weeks corrected gestational age, providing a medically defined window during which donor milk is most beneficial, and ensuring the policy is targeted and evidence-based.
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Who cares
Families of Medicaid-covered infants
The bill would cover ordered donor breast milk during inpatient care for qualifying infants weighing 1,500 grams or less at birth or with specified intestinal conditions when maternal milk or breastfeeding is not medically or physically possible.
Hospitals and licensed medical practitioners
Coverage would require a practitioner's order and continue until the infant reaches 34 weeks corrected gestational age.
Certified nonprofit milk banks
Coverage would pay at least the reasonable cost of donor milk procured from these banks, plus reasonable processing and handling fees.
New York Medicaid administrators
The bill would add inpatient donor breast milk to covered medical assistance benefits under specified eligibility and payment rules.
Headline styles
Cover Donor Milk for Infants
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
1 Multi-sponsor
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 Senate Committee · Health · Sponsor Gustavo Rivera
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3015
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. SOLAGES, JEAN-PIERRE, RA -- Multi-Sponsored by -- M. of A. GALEF -- read once and referred to the Committee on Health
AN ACT to amend the social services law, in relation to requiring medical assistance coverage for the cost of donor breast milk in certain circumstances
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 365-a of the social services law is amended by adding a new paragraph (ff) to read as follows:
(ff) the cost of donor breast milk (PDHM), for inpatient use, for which a licensed medical practitioner has issued an order for an infant who is medically or physically unable to receive maternal breast milk or participate in breast feeding or whose mother is medically or physically unable to produce maternal breast milk or participate in breast feeding despite optimal lactation support. Such infant must: (i) have a documented birth weight of one thousand five hundred grams or less; or (ii) have a congenital or acquired intestinal condition, and is therefore at a high risk for development of necrotizing enterocolitis and/or infection. Coverage for donor breast milk (PDHM) shall continue until the infant is at an age of medical adjustment of thirty-four weeks corrected gestational age and such coverage shall be not less than the reasonable cost of such milk procured from a certified nonprofit milk bank, plus reasonable processing and handling fees.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05023-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.