What's happening
This bill requires New York to reimburse medical facilities for prescribed, medically necessary donor breast milk for critically ill infants in neonatal intensive care.
Why it matters
Expands access to life-saving nutrition. By mandating Medicaid reimbursement for prescribed donor breast milk, the bill ensures that critically ill newborns in intensive care can receive breast milk even when their own mothers cannot provide it, potentially reducing risks like infections and other complications.
Sets quality and safety standards. The requirement that milk be sourced from Department-approved donor banks and that parents give informed consent introduces oversight, transparency, and safeguards for both infants and families.
Supports evidence-based medical decisions. The bill mandates use of an electronic prior authorization system based on up-to-date national medical guidelines, aiming for consistent, medically justified approvals for coverage.
Aligns state and federal policy, ensuring sustainability. By requiring the Department of Health to seek necessary federal approvals and comply with federal law, the bill is designed for long-term viability within the broader Medicaid framework.
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 women's issues
- Referred to women's issues
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
3296
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Women's Issues
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
S. 3296 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.
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 depart- ment.
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 necessi- ty.
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 regu- lations. The department shall seek any necessary approvals of the feder- al 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 intol- erance, 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.0061 of 2017-2018(Hoylman): Died in Health A.6163 of 2017-2018(Solages): Died in Health 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.