S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1670--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Insurance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the insurance law, in relation to requiring insurance
   coverage for lactation support services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  10  of  subsection  (i) of section 3216 of the
 insurance law is amended by adding a new subparagraph  (C)  to  read  as
 follows:
   (C) (I) COVERAGE PROVIDED UNDER THIS SUBPARAGRAPH SHALL INCLUDE OUTPA-
 TIENT  COVERAGE  FOR COMPREHENSIVE LACTATION SUPPORT SERVICES, INCLUDING
 SERVICES PROVIDED BY  A  LACTATION  CONSULTANT.  SUCH  COVERAGE  MAY  BE
 SUBJECT  TO  ANNUAL  DEDUCTIBLES,  COINSURANCE, AND COPAYMENTS AS MAY BE
 DEEMED APPROPRIATE BY THE SUPERINTENDENT  AND  AS  ARE  CONSISTENT  WITH
 THOSE  ESTABLISHED  FOR  OTHER  BENEFITS  WITHIN  A GIVEN POLICY, UNLESS
 COMPREHENSIVE LACTATION SUPPORT SERVICES HAS IN EFFECT A RATING  OF  'A'
 OR  'B'  IN  THE CURRENT RECOMMENDATIONS OF THE UNITED STATES PREVENTIVE
 SERVICES TASK FORCE OR  AS  PROVIDED  FOR  IN  COMPREHENSIVE  GUIDELINES
 SUPPORTED BY THE HEALTH RESOURCES AND SERVICES ADMINISTRATION.
   (II)  NOTHING  IN  THIS SUBPARAGRAPH SHALL BE CONSTRUED TO PREVENT THE
 MEDICAL MANAGEMENT OR UTILIZATION REVIEW OF THE SERVICES  OR  PREVENT  A
 POLICY  FROM  REQUIRING  THAT  SERVICES BE PROVIDED THROUGH A NETWORK OF
 PARTICIPATING PROVIDERS.
   (III) FOR PURPOSES OF THIS SUBPARAGRAPH, "LACTATION CONSULTANT"  MEANS
 A  HEALTH  CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF THE EDUCATION
 LAW WHO HOLDS THE INTERNATIONAL  BOARD  CERTIFIED  LACTATION  CONSULTANT
 (IBCLC)  CREDENTIAL AND IS IN GOOD STANDING WITH THE INTERNATIONAL BOARD
 OF LACTATION CONSULTANT EXAMINERS, WHO EVALUATES AND  MANAGES  LACTATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03999-04-5
 S. 1670--A                          2
              

 
 AND  INFANT FEEDING PROBLEMS AND PROVIDES PREVENTIVE CLINICAL CONSULTING
 TO PREVENT OR MINIMIZE THE OCCURRENCE OF POTENTIAL PROBLEMS.
   §  2.  Paragraph  5 of subsection (k) of section 3221 of the insurance
 law is amended by adding a new subparagraph (C) to read as follows:
   (C) (I) COVERAGE PROVIDED UNDER THIS SUBPARAGRAPH SHALL INCLUDE OUTPA-
 TIENT COVERAGE FOR COMPREHENSIVE LACTATION SUPPORT  SERVICES,  INCLUDING
 SERVICES  PROVIDED  BY  A  LACTATION  CONSULTANT.  SUCH  COVERAGE MAY BE
 SUBJECT TO ANNUAL DEDUCTIBLES, COINSURANCE, AND  COPAYMENTS  AS  MAY  BE
 DEEMED  APPROPRIATE  BY  THE  SUPERINTENDENT  AND AS ARE CONSISTENT WITH
 THOSE ESTABLISHED FOR OTHER  BENEFITS  WITHIN  A  GIVEN  POLICY,  UNLESS
 COMPREHENSIVE  LACTATION  SUPPORT SERVICES HAS IN EFFECT A RATING OF 'A'
 OR 'B' IN THE CURRENT RECOMMENDATIONS OF THE  UNITED  STATES  PREVENTIVE
 SERVICES  TASK  FORCE  OR  AS  PROVIDED  FOR IN COMPREHENSIVE GUIDELINES
 SUPPORTED BY THE HEALTH RESOURCES AND SERVICES ADMINISTRATION.
   (II) NOTHING IN THIS SUBPARAGRAPH SHALL BE CONSTRUED  TO  PREVENT  THE
 MEDICAL  MANAGEMENT  OR  UTILIZATION REVIEW OF THE SERVICES OR PREVENT A
 POLICY FROM REQUIRING THAT SERVICES BE PROVIDED  THROUGH  A  NETWORK  OF
 PARTICIPATING PROVIDERS.
   (III)  FOR PURPOSES OF THIS SUBPARAGRAPH, "LACTATION CONSULTANT" MEANS
 A HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF  THE  EDUCATION
 LAW  WHO  HOLDS  THE  INTERNATIONAL BOARD CERTIFIED LACTATION CONSULTANT
 (IBCLC) CREDENTIAL AND IS IN GOOD STANDING WITH THE INTERNATIONAL  BOARD
 OF  LACTATION  CONSULTANT EXAMINERS, WHO EVALUATES AND MANAGES LACTATION
 AND INFANT FEEDING PROBLEMS AND PROVIDES PREVENTIVE CLINICAL  CONSULTING
 TO PREVENT OR MINIMIZE THE OCCURRENCE OF POTENTIAL PROBLEMS.
   § 3. Subsection (c) of section 4303 of the insurance law is amended by
 adding a new paragraph 3 to read as follows:
   (3)  (A)  COVERAGE  PROVIDED UNDER THIS PARAGRAPH SHALL INCLUDE OUTPA-
 TIENT COVERAGE FOR COMPREHENSIVE LACTATION SUPPORT  SERVICES,  INCLUDING
 SERVICES  PROVIDED  BY  A  LACTATION  CONSULTANT.  SUCH  COVERAGE MAY BE
 SUBJECT TO ANNUAL DEDUCTIBLES, COINSURANCE, AND  COPAYMENTS  AS  MAY  BE
 DEEMED  APPROPRIATE  BY  THE  SUPERINTENDENT  AND AS ARE CONSISTENT WITH
 THOSE ESTABLISHED FOR OTHER  BENEFITS  WITHIN  A  GIVEN  POLICY,  UNLESS
 COMPREHENSIVE  LACTATION  SUPPORT SERVICES HAS IN EFFECT A RATING OF 'A'
 OR 'B' IN THE CURRENT RECOMMENDATIONS OF THE  UNITED  STATES  PREVENTIVE
 SERVICES  TASK  FORCE  OR  AS  PROVIDED  FOR IN COMPREHENSIVE GUIDELINES
 SUPPORTED BY THE HEALTH RESOURCES AND SERVICES ADMINISTRATION.
   (B) NOTHING IN THIS  PARAGRAPH  SHALL  BE  CONSTRUED  TO  PREVENT  THE
 MEDICAL  MANAGEMENT  OR  UTILIZATION REVIEW OF THE SERVICES OR PREVENT A
 CONTRACT FROM REQUIRING THAT SERVICES BE PROVIDED THROUGH A  NETWORK  OF
 PARTICIPATING PROVIDERS.
   (C)  FOR  PURPOSES  OF  THIS PARAGRAPH, "LACTATION CONSULTANT" MEANS A
 HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW
 WHO HOLDS THE INTERNATIONAL BOARD CERTIFIED LACTATION CONSULTANT (IBCLC)
 CREDENTIAL AND IS IN GOOD  STANDING  WITH  THE  INTERNATIONAL  BOARD  OF
 LACTATION  CONSULTANT EXAMINERS, WHO EVALUATES AND MANAGES LACTATION AND
 INFANT FEEDING PROBLEMS AND PROVIDES PREVENTIVE CLINICAL  CONSULTING  TO
 PREVENT OR MINIMIZE THE OCCURRENCE OF POTENTIAL PROBLEMS.
   §  4. This act shall take effect on January 1, 2027 and shall apply to
 any policy or contract issued, renewed, modified, altered or amended  on
 or after such effective date.