STATE OF NEW YORK
________________________________________________________________________
9353--C
IN ASSEMBLY
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:
1 Section 1. Subdivision 2 of section 365-a of the social services law
2 is amended by adding a new paragraph (dd) to read as follows:
3 (dd) the cost of donor breast milk, for home and inpatient use, for
4 which a licensed medical practitioner has issued an order for an infant
5 who is medically or physically unable to receive maternal breast milk or
6 participate in breast feeding or whose mother is medically or physically
7 unable to produce maternal breast milk or participate in breast feeding.
8 Such infant must: (i) have a documented birth weight of one thousand
9 five hundred grams or less; (ii) have a congenital or acquired intesti-
10 nal condition, and is therefore at a high risk for development of feed-
11 ing intolerance, necrotizing enterocolitis and/or infection; or (iii)
12 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.
LBD13070-09-6
A. 9353--C 2
1 milk shall be not less than the reasonable cost of such milk procured
2 from a certified milk bank, plus reasonable processing and handling
3 fees.
4 § 2. This act shall take effect on the first of January next succeed-
5 ing the date on which it shall have become a law.
