Bill Text: NY A07790 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Expands insurance coverage requirements for human donor milk; removes the requirement for inpatient use.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed) 2024-05-28 - RETURNED TO ASSEMBLY [A07790 Detail]
Download: New_York-2023-A07790-Introduced.html
Bill Title: Expands insurance coverage requirements for human donor milk; removes the requirement for inpatient use.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed) 2024-05-28 - RETURNED TO ASSEMBLY [A07790 Detail]
Download: New_York-2023-A07790-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7790 2023-2024 Regular Sessions IN ASSEMBLY June 15, 2023 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Insurance AN ACT to amend the social services law and the insurance law, in relation to expanding coverage requirements for human donor milk The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (dd) of subdivision 2 of section 365-a of the 2 social services law, as added by section 3 of part S of chapter 57 of 3 the laws of 2017, is amended to read as follows: 4 (dd) pasteurized donor human milk (PDHM), which may include fortifiers 5 as medically indicated[, for inpatient use], for which a licensed 6 medical practitioner has issued an order for an infant who is medically 7 or physically unable to receive maternal breast milk or participate in 8 breast feeding or whose mother is medically or physically unable to 9 produce maternal breast milk at all or in sufficient quantities or 10 participate in breast feeding despite optimal lactation support. Such 11 infant shall: (i) have a documented birth weight of less than one thou- 12 sand five hundred grams; or (ii) have a congenital or acquired condition 13 that places the infant at a high risk for development of necrotizing 14 enterocolitis; or (iii) have a congenital or acquired condition that may 15 benefit from the use of donor breast milk as determined by the commis- 16 sioner of health or his or her designee. 17 § 2. Paragraph 38 of subsection (i) of section 3216 of the insurance 18 law, as added by section 10 of part MM of chapter 57 of the laws of 2018 19 and as renumbered by chapter 739 of the laws of 2022, is amended to read 20 as follows: 21 (38) Every policy that provides coverage for hospital, surgical or 22 medical care shall provide the following coverage for pasteurized donor 23 human milk (PDHM), which may include fortifiers as medically indicated[,24for inpatient use], for which a licensed medical practitioner has issued 25 an order for an infant who is medically or physically unable to receive EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11129-02-3A. 7790 2 1 maternal breast milk or participate in breast feeding or whose mother is 2 medically or physically unable to produce maternal breast milk at all or 3 in sufficient quantities or participate in breast feeding despite opti- 4 mal lactation support. Such infant shall: (i) have a documented birth 5 weight of less than one thousand five hundred grams; or (ii) have a 6 congenital or acquired condition that places the infant at a high risk 7 for development of necrotizing enterocolitis. 8 § 3. Paragraph 20 of subsection (l) of section 3221 of the insurance 9 law, as added by section 11 of part MM of chapter 57 of the laws of 10 2018, is amended to read as follows: 11 (20) Every insurer delivering a group or blanket policy or issuing a 12 group or blanket policy for delivery in this state that provides cover- 13 age for hospital, surgical or medical care shall provide the following 14 coverage for pasteurized donor human milk (PDHM), which may include 15 fortifiers as medically indicated[, for inpatient use], for which a 16 licensed medical practitioner has issued an order for an infant who is 17 medically or physically unable to receive maternal breast milk or 18 participate in breast feeding or whose mother is medically or physically 19 unable to produce maternal breast milk at all or in sufficient quanti- 20 ties or participate in breast feeding despite optimal lactation support. 21 Such infant shall: (i) have a documented birth weight of less than one 22 thousand five hundred grams; or (ii) have a congenital or acquired 23 condition that places the infant at a high risk for development of 24 necrotizing enterocolitis. 25 § 4. Subsection (oo) of section 4303 of the insurance law, as added by 26 section 12 of part MM of chapter 57 of the laws of 2018, is amended to 27 read as follows: 28 (oo) A medical expense indemnity corporation, a hospital service 29 corporation or a health service corporation that provides coverage for 30 hospital, surgical or medical care shall provide the following coverage 31 for pasteurized donor human milk (PDHM), which may include fortifiers as 32 medically indicated[, for inpatient use], for which a licensed medical 33 practitioner has issued an order for an infant who is medically or phys- 34 ically unable to receive maternal breast milk or participate in breast 35 feeding or whose mother is medically or physically unable to produce 36 maternal breast milk at all or in sufficient quantities or participate 37 in breast feeding despite optimal lactation support. Such infant shall: 38 (i) have a documented birth weight of less than one thousand five 39 hundred grams; or (ii) have a congenital or acquired condition that 40 places the infant at a high risk for development of necrotizing entero- 41 colitis. 42 § 5. This act shall take effect on the first of January next succeed- 43 ing the date on which it shall have become a law and shall apply to all 44 policies issued, renewed, modified, or altered on or after such date. 45 Effectively immediately, the addition, amendment and/or repeal of any 46 rule or regulation necessary for the implementation of this act on its 47 effective date are authorized to be made and completed on or before such 48 date.