NY State Senate Bill S6583B

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	vetoed memo.278
Nov 16, 2016	delivered to governor
Jun 15, 2016	returned to senate passed assembly ordered to third reading rules cal.347 substituted for a9353c referred to ways and means delivered to assembly passed senate
Jun 08, 2016	ordered to third reading cal.1563
Jun 07, 2016	print number 6583b
Jun 07, 2016	amend and recommit to rules reported and committed to rules
May 24, 2016	print number 6583a
May 24, 2016	reported with amendments and committed to finance
Apr 05, 2016	committee discharged and committed to health
Jan 28, 2016	referred to children and families

Votes

view votes

Jun 15, 2016 - floor Vote

S6583B

floor

Aye

Nay

Absent

Excused

Abstained

Jun 8, 2016 - Rules committee Vote

S6583B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 7, 2016 - Finance committee Vote

S6583A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 24, 2016 - Health committee Vote

S6583A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S6583 - Details

See Assembly Version of this Bill:: A9353
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4526, A6481
2019-2020: S1802, A3015
2021-2022: A5060

S6583 - Summary

Provides medical assistance coverage for the cost of donor breast milk which is medically necessary for certain prematurely born infants.

S6583 - Sponsor Memo

 BILL NUMBER:  S6583           REVISED MEMO 03/30/2016

 TITLE OF BILL :  An act to amend the social services law, in relation
to requiring medical assistance coverage for the cost of donor breast
milk in certain circumstances

 PURPOSE :

To provide one of the most effective measures for preventing death of
high risk babies that are born prematurely

 SUMMARY OF PROVISIONS :

Amends Subdivision 2 of section 365-a of the social services law to
provide for the cost of donor breast milk, for home and inpatient use,
for which a licensed medical practitioner has issued a written or
electronic order. Coverage for donor breast milk shall not be less
than an amount equal to the market cost of such milk procured from a
Human Milk Bank Association certified milk bank, plus twenty percent
of such cost for the processing thereof.

 JUSTIFICATION :

Premature infants, particularly those less than 1,500 grams or less,
are at high risk of developing necrotizing enterocolitis (NEC), a
sudden onset intestinal disease which affects approximately 6% of

these infants. Mortality from the disease is extremely high, ranging
from 10-50%. Even among survivors, the disease causes increased risk
of infection, may impart lifelong intestinal problems and has been
associated with an increased risk of mental retardation.

It has long been known that the greatest preventive measure for this
condition is for the infant to be fed breast milk. The mother's own
breast milk is the optimal nutrition for her baby. Donor breast milk
which is processed and pasteurized currently has the next best
nutritional profile, especially in the digestibility of the proteins.
Both are nutritionally superior to current standard preterm formulas.
In a 2012 policy statement, the American Academy of Pediatrics
recommended feeding preterm infants donated human milk when maternal
breast milk is not available. Several other organizations, including
the Academy of Breast-feeding Medicine, the European Society for
Pediatric Gastroenterology, Hepatology and Nutrition and its North
American counterpart, all agree providing this "medicine" for
high-risk infants can be life- saving, including reducing the rate of
NEC by a factor of two or more.  Unfortunately, not all mothers of
premature babies are able or well enough to lactate, and must rely on
pasteurized, donated mother's milk to provide this preventative
measure for their high-risk newborn. Presently, donated mother's milk
is not covered by insurance companies or Medicaid and is expensive,
costing approximately five dollars per ounce from a
Human-Milk-BankAssociation-of-North-America certified outlet.

Medicaid coverage of pasteurized human donor breast milk would provide
substantial costs savings within the Medicaid program. While the
number of infants in New York State who would be eligible for coverage
of donor breast milk is only 1.5%, these critically-ill, very low
birthweight, premature infants constitute the majority of the total
Medicaid budget for neonatal care. Given that use of pasteurized donor
milk is expected to reduce the risk of NEC by roughly 2.5 times, it is
clear Medicaid coverage of donor breast milk would be COST-SAVING to
the Medicaid program, and ultimately the New York State taxpayer. Of
note, these estimates do not begin to factor in out-patient costs such
as increased physician visits, repeat hospitalizations, and the
significant physical and occupational therapy costs these patients
incur upon hospital discharge.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

In the aggregate, this measure would provide a cost-savings to New
York State.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

S6583 - Bill Text download pdf

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

                                  6583

                            I N  S E N A T E

                            January 28, 2016
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the  social  services  law,  in  relation  to  requiring
  medical  assistance  coverage  for  the  cost  of donor breast milk in
  certain circumstances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (dd) to read as follows:
  (DD) THE COST OF DONOR BREAST MILK, FOR HOME AND  INPATIENT  USE,  FOR
WHICH A LICENSED MEDICAL PRACTITIONER HAS ISSUED A WRITTEN OR ELECTRONIC
ORDER.  SUCH  ORDER  SHALL  STATE THAT THE INFANT HAS A DOCUMENTED BIRTH
WEIGHT OF ONE THOUSAND FIVE HUNDRED GRAMS OR LESS, AND/OR HAS A  CONGEN-
ITAL  OR  ACQUIRED INTESTINAL CONDITION, AND IS THEREFORE AT A HIGH RISK
FOR DEVELOPMENT OF FEEDING INTOLERANCE, NECROTIZING ENTEROCOLITIS AND/OR
INFECTION, WHICH REQUIRES NOURISHMENT BY BREAST MILK, AND THE MOTHER  OR
INFANT IS CURRENTLY MEDICALLY OR PHYSICALLY UNABLE TO PRODUCE OR RECEIVE
MATERNAL  BREAST  MILK  OR  PARTICIPATE  IN BREAST FEEDING. COVERAGE FOR
DONOR BREAST MILK SHALL BE NOT LESS THAN AN AMOUNT EQUAL TO  THE  MARKET
COST  OF  SUCH MILK PROCURED FROM A HUMAN MILK BANK ASSOCIATION OF NORTH
AMERICA CERTIFIED MILK BANK, PLUS TWENTY PERCENT OF SUCH  COST  FOR  THE
PROCESSING  THEREOF.  THE PAYMENT OF THE COST OF DONOR BREAST MILK SHALL
BE EXCLUSIVE OF ANY OTHER CONTRACTUAL OBLIGATIONS THAT EXIST  BETWEEN  A
HOSPITAL AND THE MEDICAL ASSISTANCE PROGRAM OR THE DEPARTMENT OF HEALTH.
  S  2. This act shall take effect on the first of January next succeed-
ing 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.
                                                           LBD13070-04-5

Co-Sponsors

S6583A - Details

See Assembly Version of this Bill:: A9353
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4526, A6481
2019-2020: S1802, A3015
2021-2022: A5060

S6583A - Summary

Provides medical assistance coverage for the cost of donor breast milk which is medically necessary for certain prematurely born infants.

S6583A - Sponsor Memo

 BILL NUMBER:  S6583A

 TITLE OF BILL :  An act to amend the social services law, in relation
to requiring medical assistance coverage for the cost of donor breast
milk in certain circumstances

 PURPOSE :

To provide one of the most effective measures for preventing death of
high risk babies that are born prematurely

 SUMMARY OF PROVISIONS :

Amends Subdivision 2 of section 365-a of the social services law to
provide for the cost of donor breast milk, for home and inpatient use,
for which a licensed medical practitioner has issued a written or
electronic order. Coverage for donor breast milk shall not be less
than an amount equal to the market cost of such milk procured from a
Human Milk Bank Association certified milk bank, plus twenty percent
of such cost for the processing thereof.

 JUSTIFICATION :

Premature infants, particularly those less than 1,500 grams or less,
are at high risk of developing necrotizing enterocolitis (NEC), a
sudden onset intestinal disease which affects approximately 6% of

these infants. Mortality from the disease is extremely high, ranging
from 10-50%. Even among survivors, the disease causes increased risk
of infection, may impart lifelong intestinal problems and has been
associated with an increased risk of mental retardation.

It has long been known that the greatest preventive measure for this
condition is for the infant to be fed breast milk. The mother's own
breast milk is the optimal nutrition for her baby. Donor breast milk
which is processed and pasteurized currently has the next best
nutritional profile, especially in the digestibility of the proteins.
Both are nutritionally superior to current standard preterm formulas.
In a 2012 policy statement, the American Academy of Pediatrics
recommended feeding preterm infants donated human milk when maternal
breast milk is not available. Several other organizations, including
the Academy of Breast-feeding Medicine, the European Society for
Pediatric Gastroenterology, Hepatology and Nutrition and its North
American counterpart, all agree providing this "medicine" for
high-risk infants can be life- saving, including reducing the rate of
NEC by a factor of two or more.  Unfortunately, not all mothers of
premature babies are able or well enough to lactate, and must rely on
pasteurized, donated mother's milk to provide this preventative
measure for their high-risk newborn. Presently, donated mother's milk
is not covered by insurance companies or Medicaid and is expensive,
costing approximately five dollars per ounce from a
Human-Milk-BankAssociation-of-North-America certified outlet.

Medicaid coverage of pasteurized human donor breast milk would provide
substantial costs savings within the Medicaid program. While the
number of infants in New York State who would be eligible for coverage
of donor breast milk is only 1.5%, these critically-ill, very low
birthweight, premature infants constitute the majority of the total
Medicaid budget for neonatal care. Given that use of pasteurized donor
milk is expected to reduce the risk of NEC by roughly 2.5 times, it is
clear Medicaid coverage of donor breast milk would be COST-SAVING to
the Medicaid program, and ultimately the New York State taxpayer. Of
note, these estimates do not begin to factor in out-patient costs such
as increased physician visits, repeat hospitalizations, and the
significant physical and occupational therapy costs these patients
incur upon hospital discharge.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

In the aggregate, this measure would provide a cost-savings to New
York State.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

S6583A - Bill Text download pdf

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

                                 6583--A

                            I N  S E N A T E

                            January 28, 2016
                               ___________

Introduced  by  Sens. HANNON, HOYLMAN -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Children  and
  Families  --  committee  discharged  and  said  bill  committed to the
  Committee on Health -- reported  favorably  from  said  committee  and
  committed  to  the  Committee  on  Finance  with amendments -- ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the  social  services  law,  in  relation  to  requiring
  medical  assistance  coverage  for  the  cost  of donor breast milk in
  certain circumstances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (dd) to read as follows:
  (DD) THE COST OF DONOR BREAST MILK, FOR HOME AND  INPATIENT  USE,  FOR
WHICH  A LICENSED MEDICAL PRACTITIONER HAS ISSUED AN ORDER FOR AN INFANT
WHO:  (I) HAS A DOCUMENTED BIRTHWEIGHT  OF  ONE  THOUSAND  FIVE  HUNDRED
GRAMS  OR  LESS; (II) HAS A CONGENITAL OR ACQUIRED INTESTINAL CONDITION,
AND IS THEREFORE AT A HIGH RISK FOR DEVELOPMENT OF FEEDING  INTOLERANCE,
NECROTIZING  ENTEROCOLITIS AND/OR INFECTION; OR (III) OTHERWISE REQUIRES
NOURISHMENT BY BREAST MILK; AND (IV) THE MOTHER OR INFANT  IS  CURRENTLY
MEDICALLY  OR  PHYSICALLY  UNABLE  TO PRODUCE OR RECEIVE MATERNAL BREAST
MILK OR PARTICIPATE IN BREAST FEEDING. COVERAGE FOR  DONOR  BREAST  MILK
SHALL  BE NOT LESS THAN THE REASONABLE COST OF SUCH MILK PROCURED FROM A
CERTIFIED MILK BANK, PLUS REASONABLE PROCESSING AND HANDLING FEES.
  S 2. This act shall take effect on the first of January next  succeed-
ing 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.
                                                           LBD13070-07-6

Co-Sponsors

S6583B (ACTIVE) - Details

See Assembly Version of this Bill:: A9353
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4526, A6481
2019-2020: S1802, A3015
2021-2022: A5060

S6583B (ACTIVE) - Summary

Provides medical assistance coverage for the cost of donor breast milk which is medically necessary for certain prematurely born infants.

S6583B (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S6583B                Revised 06/10/16

 TITLE OF BILL :

An act to amend the social services law, in relation to requiring
medical assistance coverage for the cost of donor breast milk in
certain circumstances

 PURPOSE OR GENERAL IDEA OF BILL :

To provide one of the most effective measures for preventing death of
high risk babies that are born prematurely

 SUMMARY OF SPECIFIC PROVISIONS :

Amends Subdivision 2 of section 365-a of the social services law to
provide for the coverage of donor breast milk, ordered by a licensed
medical practitioner for an infant who is unable to receive breast
milk or a mother is unable to provide. Coverage shall be for a
reasonable cost of such milk procured from a certified milk bank, plus
a reasonable handling fee.

 JUSTIFICATION :

Premature infants, particularly those less than 1,500 grams or less,
are at high risk of developing necrotizing enterocolitis (NEC), a

sudden onset intestinal disease which affects approximately 6% of
these infants. Mortality from the disease is extremely high, ranging
from 10-50%. Even among survivors, the disease causes increased risk
of infection, may impart lifelong intestinal problems and has been
associated with an increased risk of mental retardation.

It has long been known that the greatest preventive measure for this
condition is for the infant to be fed breast milk. The mother's own
breast milk is the optimal nutrition for her baby. Donor breast milk
which is processed and pasteurized currently has the next best
nutritional profile, especially in the digestibility of the proteins.
Both are nutritionally superior to current standard preterm formulas.
In a 2012 policy statement, the American Academy of Pediatrics
recommended feeding preterm infants donated human milk when maternal
breast milk is not available. Several other organizations, including
the Academy of Breast-feeding Medicine, the European Society for
Pediatric Gastroenterology, Hepatology and Nutrition and its North
American counterpart, all agree providing this "medicine" for
high-risk infants can be lifesaving, including reducing the rate of
NEC by a factor of two or more. Unfortunately, not all mothers of
premature babies are able or well enough to lactate, and must rely on
pasteurized, donated mother's milk to provide this preventative
measure for their high-risk newborn. Presently, donated mother's milk
is not covered by insurance companies or Medicaid and is expensive,
costing approximately five dollars per ounce from a
Human-Milk-Bank-Association-of-North-America certified outlet.

Medicaid coverage of pasteurized human donor breast milk would provide
substantial costs savings within the Medicaid program. While the
number of infants in New York State who would be eligible for coverage
of donor breast milk is only 1.5%, these critically-ill, very low
birthweight, premature infants constitute the majority of the total
Medicaid budget for neonatal care. Given that use of pasteurized donor
milk is expected to reduce the risk of NEC by roughly 2.5 times, it is
clear Medicaid coverage of donor breast milk would be COST-SAVING to
the Medicaid program, and ultimately the New York State taxpayer. Of
note, these estimates do not begin to factor in out-patient costs such
as increased physician visits, repeat hospitalizations, and the
significant physical and occupational therapy costs these patients
incur upon hospital discharge.
This bill is dedicated to Elizabeth Nostrand, a strong and caring
woman who worked diligently to ensure that this become law.


 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

In the aggregate, this measure would provide a cost-savings to New
York State.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.

S6583B (ACTIVE) - Bill Text download pdf

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

                                 6583--B

                            I N  S E N A T E

                            January 28, 2016
                               ___________

Introduced  by  Sens. HANNON, HOYLMAN, KRUEGER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and Families -- committee discharged and said bill  committed  to  the
  Committee  on  Health  --  reported  favorably from said committee and
  committed to the Committee  on  Finance  with  amendments  --  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said committee and committed to the Committee on  Rules
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the  social  services  law,  in  relation  to  requiring
  medical  assistance  coverage  for  the  cost  of donor breast milk in
  certain circumstances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (dd) to read as follows:
  (DD) THE COST OF DONOR BREAST MILK, FOR HOME AND  INPATIENT  USE,  FOR
WHICH  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 OR PARTICIPATE IN BREAST FEEDING.
SUCH INFANT MUST: (I) HAVE A DOCUMENTED BIRTH  WEIGHT  OF  ONE  THOUSAND
FIVE  HUNDRED GRAMS OR LESS; (II) HAVE A CONGENITAL OR ACQUIRED INTESTI-
NAL CONDITION, AND IS THEREFORE AT A HIGH RISK FOR DEVELOPMENT OF  FEED-
ING  INTOLERANCE,  NECROTIZING  ENTEROCOLITIS AND/OR INFECTION; OR (III)
OTHERWISE REQUIRE NOURISHMENT BY BREAST MILK.  COVERAGE FOR DONOR BREAST
MILK SHALL BE NOT LESS THAN THE REASONABLE COST OF  SUCH  MILK  PROCURED
FROM  A  CERTIFIED  MILK  BANK,  PLUS REASONABLE PROCESSING AND HANDLING
FEES.
  S 2. This act shall take effect on the first of January next  succeed-
ing 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.
                                                           LBD13070-10-6

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The New York State Senate

senate Bill S6583B

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 8, 2016 - Rules committee Vote

Rules Committee Vote: Jun 8, 2016

Jun 7, 2016 - Finance committee Vote

Committee Vote: Jun 7, 2016

May 24, 2016 - Health committee Vote

Committee Vote: May 24, 2016

Bill Amendments

Co-Sponsors

S6583 - Details

S6583 - Summary

S6583 - Sponsor Memo

S6583 - Bill Text download pdf

Co-Sponsors

S6583A - Details

S6583A - Summary

S6583A - Sponsor Memo

S6583A - Bill Text download pdf

Co-Sponsors

S6583B (ACTIVE) - Details

S6583B (ACTIVE) - Summary

S6583B (ACTIVE) - Sponsor Memo

S6583B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6583B

Share this bill

Sponsored By

Kemp Hannon

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 8, 2016 - Rules committee Vote

Rules Committee Vote: Jun 8, 2016

Jun 7, 2016 - Finance committee Vote

Committee Vote: Jun 7, 2016

May 24, 2016 - Health committee Vote

Committee Vote: May 24, 2016

Bill Amendments

Co-Sponsors

Brad Hoylman-Sigal

S6583 - Details

S6583 - Summary

S6583 - Sponsor Memo

S6583 - Bill Text download pdf

Co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

S6583A - Details

S6583A - Summary

S6583A - Sponsor Memo

S6583A - Bill Text download pdf

Co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

S6583B (ACTIVE) - Details

S6583B (ACTIVE) - Summary

S6583B (ACTIVE) - Sponsor Memo

S6583B (ACTIVE) - Bill Text download pdf

Comments