NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9648
TITLE OF BILL:
An act to amend the social services law, in relation to lactation coun-
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require Medicaid coverage of lactation
counseling services for all pregnant women without needing a referral
from a physician, registered physician assistant, registered nurse prac-
titioner, or licensed midwife.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would make technical amendments necessary to effectuate the
changes outlined in this bill. This section would also modify Chapter
668 of the Laws of 2019 to require that lactation counseling services be
ordered by a physician, physician assistant, or nurse practitioner under
the Medicaid program in order for such services to be covered.
Section 2 would establish the effective date. The American National
Standards Institute and the National Commission for Certifying have been
recognized as appropriate accreditation agencies for providers of lacta-
tion care and services.
Chapter 668 of the Laws of 2019 expanded the pool of individuals that
could provide lactation counseling services under Medicaid to help
ensure that an adequate number of individuals are qualified to provide
these services to new mothers. The chapter also eliminated the require-
ment that the services be ordered by a physician, physician assistant,
or nurse practitioner. This bill restores that requirement in order to
help ensure that utilization in the Medicaid program is appropriate, and
to facilitate the dialogue between the various health care providers
rendering services to a new mother.
PRIOR LEGISLATIVE HISTORY:
None to the State.
This act take effect on the same date and in the same manner as a chap-
ter of the laws of 2019, amending the social services law relating to
lactation counseling services, as proposed in legislative bills numbers
5.3387 and A.2345, takes effect.
STATE OF NEW YORK
January 31, 2020
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to lactation coun-
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 amended by a chapter of the laws of 2019, amend-
3 ing the social services law relating to lactation counseling services,
4 as proposed in legislative bills numbers S. 3387 and A. 2345, is amended
5 to read as follows:
6 (x)(i) lactation counseling services for pregnant and postpartum women
7 when such services are ordered by a physician, physician assistant,
8 nurse practitioner, or midwife and provided by a qualified lactation
9 care provider, as determined by the commissioner of health; provided,
10 however, that the provisions of this paragraph shall not take effect
11 unless all necessary approvals under federal law and regulation have
12 been obtained to receive federal financial participation in the costs of
13 health care services provided pursuant to this paragraph. Nothing in
14 this paragraph shall be construed to modify any licensure, certification
15 or scope of practice provision under title eight of the education law.
16 (ii) [For] for the purposes of this paragraph, the following terms
17 shall have the following meanings:
18 (1) "Qualified lactation care provider" shall mean a person who
19 possesses current certification as a lactation care provider from a
20 certification program accredited by a nationally recognized accrediting
22 (2) "Nationally recognized accrediting agency" shall mean a nationally
23 recognized accrediting agency designated by the commissioner; provided
24 that the commissioner shall designate more than one agency.
25 § 2. This act shall take effect on the same date and in the same
26 manner as a chapter of the laws of 2019, amending the social services
27 law relating to lactation counseling services, as proposed in legisla-
28 tive bills numbers S. 3387 and A. 2345, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.