Assembly Bill A9353C

Vetoed By Governor
2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6583 - Vetoed by Governor

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

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Actions
Votes

Bill Amendments

co-Sponsors

multi-Sponsors

2015-A9353 - Details

See Senate Version of this Bill:
S6583
Law Section:
Social Services Law
Laws Affected:
Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6481, S4526
2019-2020: A3015, S1802
2021-2022: A5060

2015-A9353 - Summary

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

2015-A9353 - Bill Text download pdf 

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

                                  9353

                          I N  A S S E M B L Y

                            February 25, 2016
                               ___________

Introduced  by  M.  of  A.  SOLAGES, ENGLEBRIGHT, ROSENTHAL, BRAUNSTEIN,
  SIMON, ABINANTI -- Multi-Sponsored by -- M.  of  A.  CERETTO,  CRESPO,
  GALEF,  GOTTFRIED, JAFFEE, JOYNER, MAGEE, MILLER, RICHARDSON, RUSSELL,
  SEPULVEDA, SKOUFIS, STECK, TITONE -- 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 (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

multi-Sponsors

2015-A9353A - Details

See Senate Version of this Bill:
S6583
Law Section:
Social Services Law
Laws Affected:
Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6481, S4526
2019-2020: A3015, S1802
2021-2022: A5060

2015-A9353A - Summary

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

2015-A9353A - Bill Text download pdf 

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

                                 9353--A

                          I N  A S S E M B L Y

                            February 25, 2016
                               ___________

Introduced  by  M.  of  A.  SOLAGES, ENGLEBRIGHT, ROSENTHAL, BRAUNSTEIN,
  SIMON, ABINANTI, LAVINE, JOYNER, TITONE, MILLER, FAHY, MOSLEY,  SKOUF-
  IS,   BLAKE,  FARRELL,  PICHARDO,  PEOPLES-STOKES,  LINARES,  BARRETT,
  BICHOTTE, STECK, BRONSON -- Multi-Sponsored by --  M.  of  A.  ABBATE,
  BRENNAN,  CERETTO,  COOK, CRESPO, CROUCH, DAVILA, DUPREY, GALEF, GOTT-
  FRIED,  HOOPER,  HYNDMAN,  JAFFEE,  LIFTON,  MAGEE,  RA,   RICHARDSON,
  RUSSELL, SEPULVEDA, SKARTADOS, WRIGHT -- read once and referred to the
  Committee  on  Health  --  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:  (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) REQUIRES NOURISH-
MENT BY BREAST MILK AND THE MOTHER OR INFANT IS CURRENTLY  MEDICALLY  OR
PHYSICALLY  UNABLE TO PRODUCE OR RECEIVE MATERNAL BREAST MILK OR PARTIC-
IPATE 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.
                                                           LBD13070-05-6

co-Sponsors

multi-Sponsors

2015-A9353B - Details

See Senate Version of this Bill:
S6583
Law Section:
Social Services Law
Laws Affected:
Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6481, S4526
2019-2020: A3015, S1802
2021-2022: A5060

2015-A9353B - Summary

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

2015-A9353B - Bill Text download pdf 

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

                                 9353--B

                          I N  A S S E M B L Y

                            February 25, 2016
                               ___________

Introduced  by  M.  of  A.  SOLAGES, ENGLEBRIGHT, ROSENTHAL, BRAUNSTEIN,
  SIMON, ABINANTI, LAVINE, JOYNER, TITONE, MILLER, FAHY, MOSLEY,  SKOUF-
  IS,   BLAKE,  FARRELL,  PICHARDO,  PEOPLES-STOKES,  LINARES,  BARRETT,
  BICHOTTE, STECK, BRONSON, NOLAN, McDONALD, O'DONNELL,  TITUS,  GIGLIO,
  KEARNS,  BRABENEC,  LUPARDO,  ARROYO,  DiPIETRO, SIMOTAS, AUBRY, RAIA,
  RAMOS, ROBINSON, HEVESI, PAULIN, WALKER, ORTIZ, FINCH, LENTOL, ZEBROW-
  SKI, JEAN-PIERRE, JAFFEE, SEAWRIGHT, OTIS -- Multi-Sponsored by --  M.
  of  A. ABBATE, BRENNAN, BUCHWALD, CERETTO, COOK, CRESPO, CROUCH, DAVI-
  LA, DenDEKKER, DUPREY,  GALEF,  GOTTFRIED,  HOOPER,  HYNDMAN,  LIFTON,
  MAGEE,  RA,  RICHARDSON, RUSSELL, SEPULVEDA, SKARTADOS, WRIGHT -- read
  once and referred to the Committee on Health -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- reported and referred to the Committee on Ways and  Means
  --  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:  (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

co-Sponsors

multi-Sponsors

2015-A9353C (ACTIVE) - Details

See Senate Version of this Bill:
S6583
Law Section:
Social Services Law
Laws Affected:
Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6481, S4526
2019-2020: A3015, S1802
2021-2022: A5060

2015-A9353C (ACTIVE) - Summary

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

2015-A9353C (ACTIVE) - Bill Text download pdf 

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

                                 9353--C

                          I N  A S S E M B L Y

                            February 25, 2016
                               ___________

Introduced  by  M.  of  A.  SOLAGES, ENGLEBRIGHT, ROSENTHAL, BRAUNSTEIN,
  SIMON, ABINANTI, LAVINE, JOYNER, TITONE, MILLER, FAHY, MOSLEY,  SKOUF-
  IS,   BLAKE,  FARRELL,  PICHARDO,  PEOPLES-STOKES,  LINARES,  BARRETT,
  BICHOTTE, STECK, BRONSON, NOLAN, McDONALD, O'DONNELL,  TITUS,  GIGLIO,
  KEARNS,  BRABENEC,  LUPARDO,  ARROYO,  DiPIETRO, SIMOTAS, AUBRY, RAIA,
  RAMOS, ROBINSON, HEVESI, PAULIN, WALKER, ORTIZ, FINCH, LENTOL, ZEBROW-
  SKI, JEAN-PIERRE, JAFFEE, SEAWRIGHT, OTIS, DILAN -- Multi-Sponsored by
  -- M. of A. ABBATE, BRENNAN, BUCHWALD, CERETTO, COOK, CRESPO,  CROUCH,
  DAVILA,  DenDEKKER, DUPREY, GALEF, GOTTFRIED, HOOPER, HYNDMAN, LIFTON,
  MAGEE, RA, RICHARDSON, RUSSELL, SEPULVEDA, SKARTADOS, WRIGHT  --  read
  once  and referred to the Committee on Health -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- reported and referred to the Committee on Ways and Means
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee 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 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

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

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