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Assembly Bill A5060

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2021-A5060 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9353
2017-2018: A6481
2019-2020: A3015

2021-A5060 (ACTIVE) - Summary

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

2021-A5060 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5060
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced by M. of A. SOLAGES, JEAN-PIERRE, RA -- Multi-Sponsored by --
   M. of A.  GALEF -- read once and referred to the Committee on Health
 
 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 (gg) to read as follows:
   (GG)  THE  COST  OF  DONOR  BREAST MILK (PDHM), FOR 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
 DESPITE OPTIMAL LACTATION SUPPORT. SUCH INFANT MUST: (I)  HAVE  A  DOCU-
 MENTED  BIRTH WEIGHT OF ONE THOUSAND FIVE HUNDRED GRAMS OR LESS; OR (II)
 HAVE A CONGENITAL OR ACQUIRED INTESTINAL CONDITION, AND IS THEREFORE  AT
 A   HIGH  RISK  FOR  DEVELOPMENT  OF  NECROTIZING  ENTEROCOLITIS  AND/OR
 INFECTION. COVERAGE FOR DONOR BREAST MILK (PDHM)  SHALL  CONTINUE  UNTIL
 THE  INFANT  IS  AT  AN  AGE  OF MEDICAL ADJUSTMENT OF THIRTY-FOUR WEEKS
 CORRECTED GESTATIONAL AGE AND SUCH COVERAGE SHALL BE NOT LESS  THAN  THE
 REASONABLE  COST  OF  SUCH MILK PROCURED FROM A CERTIFIED NONPROFIT MILK
 BANK, PLUS REASONABLE PROCESSING AND HANDLING FEES.
   § 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.
                                                            LBD06443-01-1

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