Assembly Bill A8511

2015-2016 Legislative Session

Relates to reimbursement for donor human breast milk

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A8511 (ACTIVE) - Details

See Senate Version of this Bill:
S7570
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2505-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6163, S61
2019-2020: A3032, S3296
2021-2022: S721
2023-2024: S3307

2015-A8511 (ACTIVE) - Summary

Relates to reimbursement for donor human breast milk.

2015-A8511 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8511

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
  tee on Health

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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
2505-b to read as follows:
  S 2505-B. REIMBURSEMENT FOR BREAST MILK. 1. THE DEPARTMENT SHALL REIM-
BURSE  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11994-01-5
              

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