Assembly Bill A3032

2019-2020 Legislative Session

Relates to reimbursement for donor human breast milk

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A3032 (ACTIVE) - Details

See Senate Version of this Bill:
S3296
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2505-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8511, S7570
2017-2018: A6163, S61
2021-2022: S721
2023-2024: S3307

2019-A3032 (ACTIVE) - Summary

Establishes protocol for financial reimbursement for donor human breast milk.

2019-A3032 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3032
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee 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.
   3.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.

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

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