Senate Bill S61

2017-2018 Legislative Session

Relates to reimbursement for donor human breast milk

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health 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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2017-S61 (ACTIVE) - Details

See Assembly Version of this Bill:
A6163
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2505-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7570, A8511
2019-2020: S3296, A3032
2021-2022: S721
2023-2024: S3307

2017-S61 (ACTIVE) - Summary

Establishes protocol for financial reimbursement for donor human breast milk.

2017-S61 (ACTIVE) - Sponsor Memo

2017-S61 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    61
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee 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:
   § 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.

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

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