Requires insurance coverage for lactation support services by a certified lactation consultant who evaluate and manage lactation and infant feeding problems and provide preventative clinical consulting to prevent or minimize the occurrence of potential problems.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4677B
SPONSOR: Jackson TITLE OF BILL:
An act to amend the insurance law, in relation to requiring insurance
coverage for lactation support services
PURPOSE:
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 in 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 more likely than white
women to have to go back to work shortly after delivery and/or not
having enough flexibility in their work schedule 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 lacta-
tion consultant services.
LEGISLATIVE HISTORY:
SENATE:
2024: S7126A (Salazar) - referred to Insurance, Amended.
2023: S7126 (Salazar) - referred to Insurance.
2022: S8239 (Salazar) - referred to Insurance.
ASSEMBLY:
2024: A3980A (not a "same as")- referred to Insurance, reported, passed
Assembly.
2023: A3980A - referred to Insurance.
2022: A8653, passed Assembly.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
January 1, 2028
(1) 2020 Breastfeeding Report Card, Centers for Disease Control and
Prevention, https://www.cdc.gov/breastfeeding/datereportcard.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
