What's happening
This bill expands Medicaid coverage for lactation counseling by defining qualified providers and removing certain referral requirements.
Why it matters
Expanding who can provide Medicaid-covered lactation counseling means more professionals—beyond just "certified consultants"—can serve new mothers, potentially increasing access and reducing wait times for crucial breastfeeding support.
By removing the requirement for a physician or other medical professional’s referral, the bill empowers mothers to directly seek lactation care, lowering administrative hurdles and allowing for more timely assistance during critical periods postpartum.
The law’s new definitions for “qualified lactation care provider” and “nationally recognized accrediting agency” aim to standardize provider credentials, ensuring quality while also allowing flexibility as the field evolves and new accrediting bodies emerge.
Making Medicaid more inclusive of lactation counseling could lead to improved health outcomes for infants and mothers—such as higher breastfeeding rates and associated long-term health benefits—especially among underserved populations.
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Headline styles
Expand Lactation Counseling Access
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
2 Co-sponsors
History
- Approval memo.54
- Signed chap.668
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.333
- Substituted for A2345
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
Show 3 earlier actions
- 1st report cal.244
- Committee discharged and committed to women's issues
- 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.
Expand Lactation Counseling Access
Assembly Floor Calendar · Sponsor Michaelle C. Solages
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3387
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
Introduced by Sens. KAPLAN, HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the social services law, in relation to lactation counseling services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (x) of subdivision 2 of section 365-a of the social services law, as added by section 6 of part D of chapter 56 of the laws of 2012, is amended to read as follows:
(x)(i) lactation counseling services for pregnant and postpartum women [when such services are ordered by a physician, registered physician assistant, registered nurse practitioner, or licensed midwife and] provided by a [certified] qualified lactation [consultant] care provider, as determined by the commissioner of health; provided, however, that the provisions of this paragraph shall not take effect unless all necessary approvals under federal law and regulation have been obtained to receive federal financial participation in the costs of health care services provided pursuant to this paragraph. Nothing in this paragraph shall be construed to modify any licensure, certification or scope of practice provision under title eight of the education law.
(ii) For the purposes of this paragraph, the following terms shall have the following meanings:
(1) "Qualified lactation care provider" shall mean a person who possesses current certification as a lactation care provider from a certification program accredited by a nationally recognized accrediting agency.
(2) "Nationally recognized accrediting agency" shall mean a nationally recognized accrediting agency designated by the commissioner; provided that the commissioner shall designate more than one agency.
§ 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.
LBD04950-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to lactation counseling services
Purpose of the bill
This bill will authorize lactation counseling services without a refer- ral from a physician, registered physician assistant, registered nurse practitioner, or licensed midwife.
Summary of provisions
Section 1 amends section 365-a of the social services law to require Medicaid coverage to cover lactation support, including lactation care and services and breastfeeding equipment without the services being ordered by a physician, registered physician assistant, registered nurse practitioner or licensed midwife.
The Section also provides defined terms including "qualified lactation care provider" and "nationally recognized accrediting agency."
Section 2 establishes an effective date of January 1 next succeeding the date on which it shall have become a law.
Justification
There is a consensus among government agencies and health care profes- sionals that breastfeeding provides significant benefits to nursing mothers and children and that breastfeeding rates in the United States are lower than optimal. There is a further consensus that lactation counseling, support and clinical management are important components of a strategy for increasing rates of breastfeeding.
Nursing mothers are best served when lactation care options are expanded, rather than restricted. The Affordable Care Act and implement- ing State regulations provided for expanding access to lactation coun- seling services by requiring certain private insurers and Medicaid programs to reimburse lactation care providers. However, obtaining a referral is frequently a time consuming and unnecessary step when nurs- ing mothers are seeking help. Qualified lactation care providers who possess certification from a certification program accredited by a nationally recognized accrediting agency will provide lactation care and services that shall be eligible for Medicaid reimbursement.
This bill would expand access to the important services of lactation care providers. The CDC recognizes Certified Lactation Counselors (CLC) and International Board Certified Lactation Consultants (113CLC) as professionals who provide lactation support. CLCs are accredited through The American National Standards Institute (ANSI) and IBCLCs are accred- ited through the Institute for Credentialing Excellence (ICE), which created the National Commission for Certifying Agencies (NCCA) in 1987.
According to the CDCs 2016 Breastfeeding Report Card, there is a star- tlingly low 3.79 IBCLCs per 1,000 live births and 4.57 CLCs per 1,000 live births - a combined 8.36 lactation care providers per 1,000 live births in the U.S., which is not nearly enough. In New York there are 2765 CLCs and 909 IBCLCs making a combined total of 15.14 lactation care providers per 1,000 live births. This bill would work toward ensuring greater access and choice for nursing mothers and ensuring reimbursement for the professionals.
Prior legislative history
A8788B 2017-2018 Legislative Session; Passed Assembly
Fiscal implications
None.
Effective date
This bill shall become effective on January 1 next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.