BILL NUMBER: S7126A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the insurance law, in relation to requiring insurance
coverage for lactation consultant services

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires that every policy that provides coverage for hospi-
tal, surgical or medical care shall provide outpatient coverage for
lactation consultant services.

 
SUMMARY OF PROVISIONS:

New York State Insurance Law is amended to include lactation consultant
services as a covered benefit and defines that "lactation consultant"
shall mean an individual who holds the international board certified
lactation consultant (IBCLC) credential who is in good standing, with
the international board of lactation consultant examiners and who evalu-
ates and manages lactation and infant feeding problems and provides
              

preventive clinical consulting to prevent or minimize the occurrence of
potential problems.

The following insurance law sections are amended:

Section 1. Subsection (i) of section 3216

Section 2. Subsection (k) of section 3221

Section 3. Section 4303

 
JUSTIFICATION:

The health benefits of breastfeeding to both baby and mother have been
well established and supported by many professional associations includ-
ing the American Academy of Pediatrics, American College of Nurse-Mid-
wives, Association of Women's Health, Obstetric & Neonatal Nurses,
National Perinatal Association, La Leche League, UNICEF Infant & Young
Child Feeding & Care, World Health Organization and many others.

While breast milk provides the necessary vitamins and nutrients for a
baby during their early growth and development; racial disparities indi-
cate black and Latino mothers are less likely to breastfeed their
newborns. Individualized support is critical to establish breastfeeding
during the first few hours and days after a baby is born. Access to
these services can be critical in reducing disparities in breastfeeding
among women of color.

According to data from the Centers for Disease Control, women inn commu-
nities of color face barriers when it comes to breastfeeding, including
hospitals serving large communities of color not always offering the
lactation support needed, and women of color having to go back to work
shortly after delivery and/or not enough flexibility in the work sched-
ule to express milk.(1)

The 2019 report by the NYS Taskforce on Maternal Mortality and Disparate
Racial Outcome indicated that mortality rate among women of color was
disproportionately higher in New York State when compared to other
states and countries.(2) The Taskforce recommended ten (10) proposals to
address the mortality rates in New York State, including implementing
training programs for hospitals on racial bias, and promote universal
birth preparedness and postpartum continuity of care. These recommenda-
tions would help reduce the racial disparities through educating provid-
ers and the community in the importance of care during and after preg-
nancy. Education on the importance of breastfeeding in communities of
color, along with hospital policies that support breastfeeding have been
linked to increased breastfeeding in communities of color.

This bill ensures mothers who choose to breastfeed have access to the
support needed to be successful by requiring insurance carriers to cover
lactation consultant services.

 
AMENDED BILL:

The "A" print of the bill clarified the definition of who is a "lacta-
tion consultant" to conform with the standards of international board
certified lactation consultant credential.

 
PRIOR LEGISLATIVE HISTORY:

SENATE:

2022 S 8239 referred to Insurance.

ASSEMBLY:

2022 A 8653, passed Assembly.

2023 A 3980A, passed Assembly.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective immediately.
(1) 2020 Breastfeeding Report Card, Centers for Disease Control and
Prevention, https://www.cdc.gov/breastfeeding/data/reportcard.htm
(2) New York State Taskforce on Maternal Mortality and Disparate Racial
Outcomes, Recommendations to the Governor to Reduce Maternal Mortality
and Racial Disparities, March 2019