What's happening
This bill requires New York to reimburse medical facilities for providing medically necessary donor breast milk to critically ill infants under three months in neonatal intensive care.
Why it matters
Reduces financial barriers for critically ill infants. By mandating state reimbursement, the bill makes it more feasible for hospitals to provide donor breast milk, which can be vital for the health and survival of some premature or critically ill infants whose mothers are unable to provide their own milk.
Establishes clear medical and safety standards. The bill requires that donor milk be medically necessary, prescribed by a licensed physician, provided with informed parental consent, and sourced from milk banks meeting quality standards—helping to ensure safety and appropriate use.
Aligns care with national guidelines. The use of an electronic prior authorization system based on national care and treatment standards aims to ensure that decisions are evidence-based, consistent, and reduce unnecessary barriers to access.
Requires regulatory oversight and federal compliance. The Department of Health must create and enforce rules for implementation and ensure alignment with federal laws, which may help secure federal funding and maintain high standards for infant care.
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Cover Donor Breast Milk
Plain English, a few words. Used as the page title.
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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 · Women's Issues · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3032
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. SOLAGES -- read once and referred 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.
3. The department shall promulgate rules and regulations necessary to implement the provisions of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04060-01-9
A. 3032 2
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.