Requires insurance coverage for lactation consultant services by professionally certified counselors 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: A3980A
SPONSOR: Jackson 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 are a covered benefit and defines that "lactation consultant"
shall mean a professionally certified counselor who evaluates 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 communities 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 flex-
ibility in the 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
lactation consultant services.
PRIOR LEGISLATIVE HISTORY:
2021-22 A.8653 Referred to Insurance / S.8239 REFERRED.TO INSURANCE
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
STATE OF NEW YORK
________________________________________________________________________
3980--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Insurance -- recommitted to the Committee on Insurance in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the insurance law, in relation to requiring insurance
coverage for lactation consultant services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsection (i) of section 3216 of the insurance law is
2 amended by adding a new paragraph 39 to read as follows:
3 (39) Every policy that provides coverage for hospital, surgical or
4 medical care shall provide outpatient coverage for lactation consultant
5 services. Coverage provided under this paragraph may be subject to
6 annual deductibles and co-insurance as deemed appropriate by the super-
7 intendent and that are consistent with those imposed on other benefits
8 within a given policy. For the purposes of this paragraph, "lactation
9 consultant" shall mean a professionally certified counselor who evalu-
10 ates and manages lactation and infant feeding problems and provides
11 preventive clinical consulting to prevent or minimize the occurrence of
12 potential problems.
13 § 2. Subsection (k) of section 3221 of the insurance law is amended by
14 adding a new paragraph 23 to read as follows:
15 (23) Every group or blanket policy delivered or issued for delivery in
16 this state that provides coverage for hospital, surgical or medical care
17 shall provide such coverage for lactation consultant services. For the
18 purposes of this paragraph, "lactation consultant" shall mean a profes-
19 sionally certified counselor who evaluates and manages lactation and
20 infant feeding problems and provides preventive clinical consulting to
21 prevent or minimize the occurrence of potential problems.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07184-04-4
A. 3980--A 2
1 § 3. Section 4303 of the insurance law is amended by adding a new
2 subsection (vv) to read as follows:
3 (vv) A medical expense indemnity corporation, a hospital service
4 corporation or a health service corporation that provides coverage for
5 hospital, surgical or medical care shall provide such coverage for
6 lactation consultant services. For the purposes of this subsection,
7 "lactation consultant" shall mean a professionally certified counselor
8 who evaluates and manages lactation and infant feeding problems and
9 provides preventive clinical consulting to prevent or minimize the
10 occurrence of potential problems.
11 § 4. This act shall take effect on the first of January next succeed-
12 ing the date on which it shall have become a law and shall apply to all
13 insurance policies, contracts and plans issued, renewed, modified,
14 altered or amended on or after such effective date.
