Substitute House Bill No. 7165
Public Act No. 19-48
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
Social Services, to the extent permissible under federal law, shall
provide Medicaid coverage for medically necessary pasteurized donor
breast milk provided: (1) A physician, physician's assistant or
advanced practice registered nurse licensed pursuant to chapter 370 or
378 of the general statutes signs an order stating that such milk is
medically necessary for an infant Medicaid beneficiary in accordance
with section 17b-259b of the general statutes; and (2) (A) the infant is
medically or physically unable to receive maternal breast milk or
participate in breastfeeding, or (B) the infant's mother is medically or
physically unable to produce maternal breast milk in sufficient
quantities.
(b) The commissioner shall adopt or amend regulations to
implement the provisions of this section, including, but not limited to,
establishing infant birth weight and health conditions that may make
the provision of pasteurized donor breast milk medically necessary
and time limits for Medicaid coverage of pasteurized donor breast
milk. The commissioner may adopt a policy or procedure to Substitute House Bill No. 7165
Public Act No. 19-48 2 of 2
implement the provisions of this section while in the process of
adopting regulations, provided such policy or procedure is posted on
the Internet web site of the Department of Social Services and on the
eRegulations System prior to adoption of the policy.
(c) The commissioner, if necessary, shall seek federal approval for a
Medicaid waiver or state plan amendm ent to implement the
provisions of this section in accordance with the provisions of section
17b-8 of the general statutes.