|SAME AS||SAME AS S00061|
|Add §2505-b, Pub Health L|
|Establishes protocol for financial reimbursement for donor human breast milk.|
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STATE OF NEW YORK ________________________________________________________________________ 6163 2017-2018 Regular Sessions IN ASSEMBLY February 27, 2017 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to reimbursement for donor human breast milk The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2505-b to read as follows: 3 § 2505-b. Reimbursement for breast milk. 1. The department shall reim- 4 burse a medical care facility for prescribed medically necessary donor 5 human breast milk provided to a recipient of medical assistance if: 6 (a) such recipient is: 7 (i) an infant under the age of three months; 8 (ii) critically ill; and 9 (iii) in the neonatal intensive care unit of the hospital; 10 (b) a person licensed to practice medicine and surgery orders the 11 donor human breast milk for the recipient; 12 (c) the department determines that the donor human breast milk is 13 medically necessary for the recipient; 14 (d) the parent or legal guardian of the recipient signs and dates an 15 informed consent form indicating the risks and benefits of using banked 16 donor human breast milk; and 17 (e) the donor human breast milk is obtained from a donor human breast 18 milk bank that meets the quality requirements established by the depart- 19 ment. 20 2. An electronic prior authorization system that uses the best medical 21 evidence and care and treatment guidelines consistent with national 22 standards shall be used by the department to determine medical necessi- 23 ty. 24 3. The department shall promulgate rules and regulations necessary to 25 implement the provisions of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04667-01-7A. 6163 2 1 4. The department shall implement and administer the provisions of 2 this section in a manner consistent with applicable federal laws and 3 regulations. The department shall seek any necessary approvals of the 4 federal government that are required for the implementation of this 5 section. 6 § 2. This act shall take effect immediately.