BILL NUMBER: S3387           REVISED MEMO 02/15/2019

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to amend the social services law, in relation
to lactation counseling services

 
PURPOSE OF THE BILL:

This bill will authorize lactation counseling services without a refer-
ral from a physician, registered physician assistant, registered nurse
practitioner, or licensed midwife.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 365-a of the social services law to require
Medicaid coverage to cover lactation support, including lactation care
and services and breastfeeding equipment without the services being
ordered by a physician, registered physician assistant, registered nurse
practitioner or licensed midwife.

The Section also provides defined terms including "qualified lactation
              

care provider" and "nationally recognized accrediting agency."

Section 2 establishes an effective date of January 1 next succeeding the
date on which it shall have become a law.

 
JUSTIFICATION:

There is a consensus among government agencies and health care profes-
sionals that breastfeeding provides significant benefits to nursing
mothers and children and that breastfeeding rates in the United States
are lower than optimal. There is a further consensus that lactation
counseling, support and clinical management are important components of
a strategy for increasing rates of breastfeeding.

Nursing mothers are best served when lactation care options are
expanded, rather than restricted. The Affordable Care Act and implement-
ing State regulations provided for expanding access to lactation coun-
seling services by requiring certain private insurers and Medicaid
programs to reimburse lactation care providers. However, obtaining a
referral is frequently a time consuming and unnecessary step when nurs-
ing mothers are seeking help. Qualified lactation care providers who
possess certification from a certification program accredited by a
nationally recognized accrediting agency will provide lactation care and
services that shall be eligible for Medicaid reimbursement.

This bill would expand access to the important services of lactation
care providers. The CDC recognizes Certified Lactation Counselors (CLC)
and International Board Certified Lactation Consultants (113CLC) as
professionals who provide lactation support. CLCs are accredited through
The American National Standards Institute (ANSI) and IBCLCs are accred-
ited through the Institute for Credentialing Excellence (ICE), which
created the National Commission for Certifying Agencies (NCCA) in 1987.

According to the CDCs 2016 Breastfeeding Report Card, there is a star-
tlingly low 3.79 IBCLCs per 1,000 live births and 4.57 CLCs per 1,000
live births - a combined 8.36 lactation care providers per 1,000 live
births in the U.S., which is not nearly enough. In New York there are
2765 CLCs and 909 IBCLCs making a combined total of 15.14 lactation care
providers per 1,000 live births.  This bill would work toward ensuring
greater access and choice for nursing mothers and ensuring reimbursement
for the professionals.

 
PRIOR LEGISLATIVE HISTORY:

A8788B 2017-2018 Legislative Session; Passed Assembly

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall become effective on January 1 next succeeding the date
on which it shall have become a law.