What's happening
This bill amends the social services law to require a medical order for Medicaid-covered lactation counseling services in New York.
Why it matters
Requires a medical professional’s order. (physician, physician assistant, nurse practitioner, or midwife) before Medicaid will cover lactation counseling, potentially adding an extra step for pregnant and postpartum women to access these services.
May impact timely access to lactation support. by making it necessary to first consult with a qualifying healthcare provider, which could introduce delays or barriers for some Medicaid recipients seeking immediate help with breastfeeding.
Could help ensure oversight and integration. of lactation counseling within a broader care plan, but might also reduce the autonomy of patients to seek support directly from qualified lactation providers.
Affects Medicaid policy and potentially provider workflows. by changing how and when lactation counseling is authorized and billed, with possible implications for healthcare costs, access, and administrative processes in New York State.
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Who cares
Headline styles
Expand Lactation Counseling Access
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Signed chap.61
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.413
- Substituted for A9648
- Referred to health
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.31
- Referred to rules
- Referred to rules
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
6952
IN SENATE
January 6, 2020
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 amended by a chapter of the laws of 2019, amending the social services law relating to lactation counseling services, as proposed in legislative bills numbers S. 3387 and A. 2345, is amended to read as follows:
(x)(i) lactation counseling services for pregnant and postpartum women when such services are ordered by a physician, physician assistant, nurse practitioner, or midwife and provided by a qualified lactation 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] 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 same date and in the same manner as a chapter of the laws of 2019, amending the social services law relating to lactation counseling services, as proposed in legislative bills numbers S. 3387 and A. 2345, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD04950-03-9
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 coun- seling services
Summary of specific provisions
Section 1 would make technical amendments necessary to effectuate the changes outlined in this bill. This section would also modify Chapter 668 of the Laws of 2019 to require that lactation counseling services be ordered by a physician, physician assistant, or nurse practitioner under the Medicaid program in order for such services to be covered.
Section 2 would establish the effective date. The American National Standards Institute and the National Commission for Certifying have been recognized as appropriate accreditation agencies for providers of lacta- tion care and services.
Justification
Chapter 668 of the Laws of 2019 expanded the pool of individuals that could provide lactation counseling services under Medicaid to help ensure that an adequate number of individuals are qualified to provide these services to new mothers. The chapter also eliminated the require- ment that the services be ordered by a physician, physician assistant, or nurse practitioner. This bill restores that requirement in order to help ensure that utilization in the Medicaid program is appropriate, and to facilitate the dialogue between the various health care providers rendering services to a new mother.
Prior legislative history
New Legislation.
Fiscal implications
None to the State.
Effective date
This act take effect on the same date and in the same manner as a chap- ter of the laws of 2019, amending the social services law relating to lactation counseling services, as proposed in legislative bills numbers 5.3387 and A.2345, takes effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.