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S00061 Summary:

Add 2505-b, Pub Health L
Establishes protocol for financial reimbursement for donor human breast milk.
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S00061 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 61                               2
     1    3.  The department shall promulgate rules and regulations necessary to
     2  implement the provisions of this section.
     3    4.  The  department  shall  implement and administer the provisions of
     4  this section in a manner consistent with  applicable  federal  laws  and
     5  regulations.  The  department  shall seek any necessary approvals of the
     6  federal government that are required  for  the  implementation  of  this
     7  section.
     8    § 2. This act shall take effect immediately.
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