Authorizes lactation counseling services without a referral from a physician, registered physician assistant, registered nurse practitioner, or licensed midwife.
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
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.
