-  This bill is not active in this session.
 

A02345 Summary:

BILL NOA02345
 
SAME ASSAME AS S03387
 
SPONSORSolages (MS)
 
COSPNSRNorris, Morinello, Gottfried, Arroyo, Williams, Glick, Dickens, D'Urso, Jaffee, Crespo, Hyndman, Barron, Lavine, Rosenthal L, Blake, Rivera, Seawright, Mosley
 
MLTSPNSRCook, Epstein, Simon
 
Amd 365-a, Soc Serv L
 
Authorizes lactation counseling services without a referral from a physician, registered physician assistant, registered nurse practitioner, or licensed midwife.
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A02345 Actions:

BILL NOA02345
 
01/22/2019referred to health
02/04/2019reported referred to ways and means
05/14/2019reported
05/16/2019advanced to third reading cal.333
05/20/2019substituted by s3387
 S03387 AMEND= KAPLAN
 02/06/2019REFERRED TO HEALTH
 02/07/2019COMMITTEE DISCHARGED AND COMMITTED TO WOMEN'S ISSUES
 03/11/20191ST REPORT CAL.244
 03/12/20192ND REPORT CAL.
 03/13/2019ADVANCED TO THIRD READING
 03/18/2019PASSED SENATE
 03/18/2019DELIVERED TO ASSEMBLY
 03/18/2019referred to ways and means
 05/20/2019substituted for a2345
 05/20/2019ordered to third reading cal.333
 05/20/2019passed assembly
 05/20/2019returned to senate
 12/10/2019DELIVERED TO GOVERNOR
 12/16/2019SIGNED CHAP.668
 12/16/2019APPROVAL MEMO.54
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A02345 Committee Votes:

HEALTH Chair:Gottfried DATE:02/04/2019AYE/NAY:25/0 Action: Favorable refer to committee Ways and Means
GottfriedAyeRaiaAye
SchimmingerAyeMcDonoughAye
GalefAyeRaAye
DinowitzAyeGarbarinoAye
CahillAyeByrneAye
PaulinAyeByrnesAye
CymbrowitzAyeAshbyAye
GuntherAye
RosenthalAye
HevesiExcused
JaffeeAye
SteckAye
AbinantiAye
BraunsteinAye
KimAye
SolagesAye
BichotteAye
BarronAye
SayeghAye

WAYS AND MEANS Chair:Weinstein DATE:05/14/2019AYE/NAY:32/0 Action: Favorable
WeinsteinAyeBarclayAye
LentolAyeCrouchAye
SchimmingerAyeFitzpatrickAye
GanttExcusedHawleyAye
GlickAyeMalliotakisAye
NolanAyeMontesanoAye
PretlowAyeRaAye
PerryExcusedBlankenbushAye
ColtonAyePalmesanoAye
CookAyeNorrisAye
CahillAye
AubryAye
ThieleAye
CusickExcused
OrtizAye
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye

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A02345 Floor Votes:

There are no votes for this bill in this legislative session.
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A02345 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2345
 
SPONSOR: Solages (MS)
  TITLE OF BILL: An act to amend the social services law, in relation to lactation coun- seling services   PURPOSE OR GENERAL IDEA OF 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 SPECIFIC 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 (IBCLC) 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 nurs- ing mothers and ensuring reimbursement for the professionals.   PRIOR LEGISLATIVE HISTORY: A8788B 2017-2018 Legislative Session   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
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A02345 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2345
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by  M.  of A. SOLAGES, NORRIS, MORINELLO, GOTTFRIED, ARROYO,
          WILLIAMS, GLICK, DICKENS, D'URSO,  JAFFEE,  CRESPO,  HYNDMAN,  BARRON,
          LAVINE,  L. ROSENTHAL,  BLAKE, RIVERA, SEAWRIGHT -- Multi-Sponsored by
          -- M. of A. COOK, EPSTEIN, SIMON -- read  once  and  referred  to  the
          Committee on Health

        AN  ACT to amend the social services law, in relation to lactation coun-
          seling services
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (x)  of  subdivision 2 of section 365-a of the
     2  social services law, as added by section 6 of part D of  chapter  56  of
     3  the laws of 2012, is amended to read as follows:
     4    (x)(i) lactation counseling services for pregnant and postpartum women
     5  [when  such  services  are  ordered by a physician, registered physician
     6  assistant, registered  nurse  practitioner,  or  licensed  midwife  and]
     7  provided   by   a  [certified]  qualified  lactation  [consultant]  care
     8  provider, as determined by the commissioner of health; provided,  howev-
     9  er,  that  the provisions of this paragraph shall not take effect unless
    10  all necessary approvals under  federal  law  and  regulation  have  been
    11  obtained  to  receive  federal  financial  participation in the costs of
    12  health care services provided pursuant to  this  paragraph.  Nothing  in
    13  this paragraph shall be construed to modify any licensure, certification
    14  or scope of practice provision under title eight of the education law.
    15    (ii)  For  the  purposes  of this paragraph, the following terms shall
    16  have the following meanings:
    17    (1) "Qualified lactation  care  provider"  shall  mean  a  person  who
    18  possesses  current  certification  as  a  lactation care provider from a
    19  certification program accredited by a nationally recognized  accrediting
    20  agency.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04950-01-9

        A. 2345                             2
 
     1    (2) "Nationally recognized accrediting agency" shall mean a nationally
     2  recognized  accrediting  agency designated by the commissioner; provided
     3  that the commissioner shall designate more than one agency.
     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.
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