Bill Text: IL HB3509 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the State Employees Group Insurance Act of 1971, Illinois Insurance Code, and the Illinois Public Aid Code. Provides that pasteurized donated human breast milk shall be covered under health insurance and the medical assistance program under the Illinois Public Aid Code. Describes the requirements that must be met to have pasteurized human breast milk covered under health insurance and the medical assistance program. Effective January 1, 2020.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0511 [HB3509 Detail]

Download: Illinois-2019-HB3509-Engrossed.html

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HB3509 Engrossed LRB101 09808 RAB 54909 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Employees Group Insurance Act of 1971
is amended by adding Section 6.16 as follows:
(5 ILCS 375/6.16 new)
Sec. 6.16. Human breast milk coverage. Notwithstanding any
other provision of this Act, pasteurized donated human breast
milk, which may include human milk fortifiers if indicated by a
prescribing licensed medical practitioner, shall be covered
under a health plan for persons who are otherwise eligible for
coverage under this Act, if the covered person is an infant
under the age of 6 months, a physician prescribes the milk for
the covered person, and:
(1) the milk is obtained from a human milk bank that is
licensed by the Department of Public Health;
(2) 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 in sufficient quantities or
participate in breast feeding despite optimal lactation
support; or

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(3) a licensed medical practitioner has issued an order
for an infant who meets any of the following conditions:
(A) a body weight below healthy levels determined
by the licensed medical practitioner;
(B) a congenital or acquired condition that places
the infant at a high risk for development of
necrotizing enterocolitis; or
(C) a congenital or acquired condition that may
benefit from the use of donor breast milk as determined
by the Department of Public Health.
Section 10. The Illinois Insurance Code is amended by
adding Section 356z.33 as follows:
(215 ILCS 5/356z.33 new)
Sec. 356z.33. Human breast milk coverage. Notwithstanding
any other provision of this Act, pasteurized donated human
breast milk, which may include human milk fortifiers if
indicated by a prescribing licensed medical practitioner,
shall be covered under an individual or group health insurance
for persons who are otherwise eligible for coverage under this
Act, if the covered person is an infant under the age of 6
months, a physician prescribes the milk for the covered person,
and:
(1) the milk is obtained from a human milk bank that is
licensed by the Department of Public Health;

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(2) 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 in sufficient quantities or
participate in breast feeding despite optimal lactation
support; or
(3) a licensed medical practitioner has issued an order
for an infant who meets any of the following conditions:
(A) a body weight below healthy levels determined
by the licensed medical practitioner;
(B) a congenital or acquired condition that places
the infant at a high risk for development of
necrotizing enterocolitis; or
(C) a congenital or acquired condition that may
benefit from the use of donor breast milk as determined
by the Department of Public Health.
Section 15. The Illinois Public Aid Code is amended by
adding Section 5-40 as follows:
(305 ILCS 5/5-40 new)
Sec. 5-40. Human breast milk coverage. Notwithstanding any
other provision of this Act, pasteurized donated human breast
milk, which may include human milk fortifiers if indicated by a
prescribing licensed medical practitioner, shall be covered

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under a health plan for persons who are otherwise eligible for
coverage under this Act, if the covered person is an infant
under the age of 6 months, a physician prescribes the milk for
the covered person, and:
(1) the milk is obtained from a human milk bank that is
licensed by the Department of Public Health;
(2) 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 in sufficient quantities or
participate in breast feeding despite optimal lactation
support; or
(3) a licensed medical practitioner has issued an order
for an infant who meets any of the following conditions:
(A) a body weight below healthy levels determined
by the licensed medical practitioner;
(B) a congenital or acquired condition that places
the infant at a high risk for development of
necrotizing enterocolitis; or
(C) a congenital or acquired condition that may
benefit from the use of donor breast milk as determined
by the Department of Public Health.
Section 99. Effective date. This Act takes effect January
1, 2020.