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General Assembly Substitute Bill No. 7165
January Session, 2019
AN ACT CONCERNING ME DICAID COVERAGE FOR DONOR BREAST
MILK.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2019) (a) The Commissioner of 1
Social Services shall provide Medicaid reimbursement for pasteurized 2
donor breast milk, provided (1) a health care professional licensed 3
pursuant to chapter 370 of the general statutes signs a medical order 4
that the donor breast milk is medically necessary for an infant 5
Medicaid beneficiary in accordance with section 17b-259b of the 6
general statutes, (2) the donor breast milk is provided on an inpatient 7
basis at a hospital, and (3) (A) the infant who receives the donor breast 8
milk is medically or physically unable to receive maternal breast milk 9
or participate in breast feeding, or (B) the infant's mother is medically 10
or physically unable to produce maternal breast milk in sufficient 11
quantities, or is unable to participate in breast feeding despite optimal 12
lactation support. 13
(b) The commissioner shall seek federal approval of a Medicaid state 14
plan amendment or Medicaid waiver if necessary to implement the 15
provisions of this section. Any submission of a Medicaid state plan 16
amendment or Medicaid waiver shall be in accordance with the 17
provisions of section 17b-8 of the general statutes. 18 Substitute Bill No. 7165
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(c) The commissioner shall adopt regulations, in accordance with 19
the provisions of chapter 54 of the general statutes, to implement the 20
provisions of this section, including, but not limited to, establishing 21
infant health conditions that qualify for medically necessary donor 22
breast milk. The commissioner may adopt policies or procedures to 23
implement the provisions of this section while in the process of 24
adopting regulations provided such policies or procedures are posted 25
on the Internet web site of the Department of Social Services and on 26
the eRegulations System prior to the adoption of such policies or 27
procedures. 28
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 New section
Statement of Legislative Commissioners:
In Section 1(a), "Medicaid beneficiary" was added after "infant" for
clarity.
HS Joint Favorable Subst.