Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3665 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3665 Introduced 2/9/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: 215 ILCS 5/356z.40305 ILCS 5/5-16.7305 ILCS 5/5-18.5305 ILCS 5/5-18.10 Amends the Illinois Insurance Code. Provides that insurers shall cover all services for pregnancy, postpartum, and newborn care that are rendered by perinatal doulas or licensed certified professional midwives, including home births, home visits, and support during labor, abortion, or miscarriage. Provides that the required coverage includes the necessary equipment and medical supplies for a home birth. Provides that coverage for pregnancy, postpartum, and newborn care shall include home visits by lactation consultants and the purchase of breast pumps and breast pump supplies, including such breast pumps, breast pump supplies, breastfeeding supplies, and feeding aides as recommended by the lactation consultant. Provides that coverage for postpartum services shall apply for at least one year after birth. Provides that certain pregnancy and postpartum coverage shall be provided without cost-sharing requirements. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that post-parturition care benefits shall not be subject to any cost-sharing requirement. Provides that the medical assistance program shall cover home visits for lactation counseling and support services. Provides that the medical assistance program shall cover counselor-recommended or provider-recommended breast pumps as well as breast pump supplies, breastfeeding supplies, and feeding aides. Provides that nothing in the provisions shall limit the number of lactation encounters, visits, or services; breast pumps; breast pump supplies; breastfeeding supplies; or feeding aides a beneficiary is entitled to receive under the program. Makes other changes. Effective January 1, 2026. LRB103 39479 RPS 69674 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3665 Introduced 2/9/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: 215 ILCS 5/356z.40305 ILCS 5/5-16.7305 ILCS 5/5-18.5305 ILCS 5/5-18.10 215 ILCS 5/356z.40 305 ILCS 5/5-16.7 305 ILCS 5/5-18.5 305 ILCS 5/5-18.10 Amends the Illinois Insurance Code. Provides that insurers shall cover all services for pregnancy, postpartum, and newborn care that are rendered by perinatal doulas or licensed certified professional midwives, including home births, home visits, and support during labor, abortion, or miscarriage. Provides that the required coverage includes the necessary equipment and medical supplies for a home birth. Provides that coverage for pregnancy, postpartum, and newborn care shall include home visits by lactation consultants and the purchase of breast pumps and breast pump supplies, including such breast pumps, breast pump supplies, breastfeeding supplies, and feeding aides as recommended by the lactation consultant. Provides that coverage for postpartum services shall apply for at least one year after birth. Provides that certain pregnancy and postpartum coverage shall be provided without cost-sharing requirements. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that post-parturition care benefits shall not be subject to any cost-sharing requirement. Provides that the medical assistance program shall cover home visits for lactation counseling and support services. Provides that the medical assistance program shall cover counselor-recommended or provider-recommended breast pumps as well as breast pump supplies, breastfeeding supplies, and feeding aides. Provides that nothing in the provisions shall limit the number of lactation encounters, visits, or services; breast pumps; breast pump supplies; breastfeeding supplies; or feeding aides a beneficiary is entitled to receive under the program. Makes other changes. Effective January 1, 2026. LRB103 39479 RPS 69674 b LRB103 39479 RPS 69674 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3665 Introduced 2/9/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
33 215 ILCS 5/356z.40305 ILCS 5/5-16.7305 ILCS 5/5-18.5305 ILCS 5/5-18.10 215 ILCS 5/356z.40 305 ILCS 5/5-16.7 305 ILCS 5/5-18.5 305 ILCS 5/5-18.10
44 215 ILCS 5/356z.40
55 305 ILCS 5/5-16.7
66 305 ILCS 5/5-18.5
77 305 ILCS 5/5-18.10
88 Amends the Illinois Insurance Code. Provides that insurers shall cover all services for pregnancy, postpartum, and newborn care that are rendered by perinatal doulas or licensed certified professional midwives, including home births, home visits, and support during labor, abortion, or miscarriage. Provides that the required coverage includes the necessary equipment and medical supplies for a home birth. Provides that coverage for pregnancy, postpartum, and newborn care shall include home visits by lactation consultants and the purchase of breast pumps and breast pump supplies, including such breast pumps, breast pump supplies, breastfeeding supplies, and feeding aides as recommended by the lactation consultant. Provides that coverage for postpartum services shall apply for at least one year after birth. Provides that certain pregnancy and postpartum coverage shall be provided without cost-sharing requirements. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that post-parturition care benefits shall not be subject to any cost-sharing requirement. Provides that the medical assistance program shall cover home visits for lactation counseling and support services. Provides that the medical assistance program shall cover counselor-recommended or provider-recommended breast pumps as well as breast pump supplies, breastfeeding supplies, and feeding aides. Provides that nothing in the provisions shall limit the number of lactation encounters, visits, or services; breast pumps; breast pump supplies; breastfeeding supplies; or feeding aides a beneficiary is entitled to receive under the program. Makes other changes. Effective January 1, 2026.
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1414 1 AN ACT concerning regulation.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Illinois Insurance Code is amended by
1818 5 changing Section 356z.40 as follows:
1919 6 (215 ILCS 5/356z.40)
2020 7 Sec. 356z.40. Pregnancy and postpartum coverage.
2121 8 (a) An individual or group policy of accident and health
2222 9 insurance or managed care plan amended, delivered, issued, or
2323 10 renewed on or after the effective date of this amendatory Act
2424 11 of the 103rd General Assembly this amendatory Act of the 102nd
2525 12 General Assembly shall provide coverage for pregnancy,
2626 13 postpartum, and newborn care in accordance with 42 U.S.C.
2727 14 18022(b) regarding essential health benefits.
2828 15 (b) Benefits under this Section shall be as follows:
2929 16 (1) An individual who has been identified as
3030 17 experiencing a high-risk pregnancy by the individual's
3131 18 treating provider shall have access to clinically
3232 19 appropriate case management programs. As used in this
3333 20 subsection, "case management" means a mechanism to
3434 21 coordinate and assure continuity of services, including,
3535 22 but not limited to, health services, social services, and
3636 23 educational services necessary for the individual. "Case
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3665 Introduced 2/9/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
4141 215 ILCS 5/356z.40305 ILCS 5/5-16.7305 ILCS 5/5-18.5305 ILCS 5/5-18.10 215 ILCS 5/356z.40 305 ILCS 5/5-16.7 305 ILCS 5/5-18.5 305 ILCS 5/5-18.10
4242 215 ILCS 5/356z.40
4343 305 ILCS 5/5-16.7
4444 305 ILCS 5/5-18.5
4545 305 ILCS 5/5-18.10
4646 Amends the Illinois Insurance Code. Provides that insurers shall cover all services for pregnancy, postpartum, and newborn care that are rendered by perinatal doulas or licensed certified professional midwives, including home births, home visits, and support during labor, abortion, or miscarriage. Provides that the required coverage includes the necessary equipment and medical supplies for a home birth. Provides that coverage for pregnancy, postpartum, and newborn care shall include home visits by lactation consultants and the purchase of breast pumps and breast pump supplies, including such breast pumps, breast pump supplies, breastfeeding supplies, and feeding aides as recommended by the lactation consultant. Provides that coverage for postpartum services shall apply for at least one year after birth. Provides that certain pregnancy and postpartum coverage shall be provided without cost-sharing requirements. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that post-parturition care benefits shall not be subject to any cost-sharing requirement. Provides that the medical assistance program shall cover home visits for lactation counseling and support services. Provides that the medical assistance program shall cover counselor-recommended or provider-recommended breast pumps as well as breast pump supplies, breastfeeding supplies, and feeding aides. Provides that nothing in the provisions shall limit the number of lactation encounters, visits, or services; breast pumps; breast pump supplies; breastfeeding supplies; or feeding aides a beneficiary is entitled to receive under the program. Makes other changes. Effective January 1, 2026.
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7777 1 management" involves individualized assessment of needs,
7878 2 planning of services, referral, monitoring, and advocacy
7979 3 to assist an individual in gaining access to appropriate
8080 4 services and closure when services are no longer required.
8181 5 "Case management" is an active and collaborative process
8282 6 involving a single qualified case manager, the individual,
8383 7 the individual's family, the providers, and the community.
8484 8 This includes close coordination and involvement with all
8585 9 service providers in the management plan for that
8686 10 individual or family, including assuring that the
8787 11 individual receives the services. As used in this
8888 12 subsection, "high-risk pregnancy" means a pregnancy in
8989 13 which the pregnant or postpartum individual or baby is at
9090 14 an increased risk for poor health or complications during
9191 15 pregnancy or childbirth, including, but not limited to,
9292 16 hypertension disorders, gestational diabetes, and
9393 17 hemorrhage.
9494 18 (2) An individual shall have access to medically
9595 19 necessary treatment of a mental, emotional, nervous, or
9696 20 substance use disorder or condition consistent with the
9797 21 requirements set forth in this Section and in Sections
9898 22 370c and 370c.1 of this Code.
9999 23 (3) The benefits provided for inpatient and outpatient
100100 24 services for the treatment of a mental, emotional,
101101 25 nervous, or substance use disorder or condition related to
102102 26 pregnancy or postpartum complications shall be provided if
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113113 1 determined to be medically necessary, consistent with the
114114 2 requirements of Sections 370c and 370c.1 of this Code. The
115115 3 facility or provider shall notify the insurer of both the
116116 4 admission and the initial treatment plan within 48 hours
117117 5 after admission or initiation of treatment. Nothing in
118118 6 this paragraph shall prevent an insurer from applying
119119 7 concurrent and post-service utilization review of health
120120 8 care services, including review of medical necessity, case
121121 9 management, experimental and investigational treatments,
122122 10 managed care provisions, and other terms and conditions of
123123 11 the insurance policy.
124124 12 (4) The benefits for the first 48 hours of initiation
125125 13 of services for an inpatient admission, detoxification or
126126 14 withdrawal management program, or partial hospitalization
127127 15 admission for the treatment of a mental, emotional,
128128 16 nervous, or substance use disorder or condition related to
129129 17 pregnancy or postpartum complications shall be provided
130130 18 without post-service or concurrent review of medical
131131 19 necessity, as the medical necessity for the first 48 hours
132132 20 of such services shall be determined solely by the covered
133133 21 pregnant or postpartum individual's provider. Nothing in
134134 22 this paragraph shall prevent an insurer from applying
135135 23 concurrent and post-service utilization review, including
136136 24 the review of medical necessity, case management,
137137 25 experimental and investigational treatments, managed care
138138 26 provisions, and other terms and conditions of the
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149149 1 insurance policy, of any inpatient admission,
150150 2 detoxification or withdrawal management program admission,
151151 3 or partial hospitalization admission services for the
152152 4 treatment of a mental, emotional, nervous, or substance
153153 5 use disorder or condition related to pregnancy or
154154 6 postpartum complications received 48 hours after the
155155 7 initiation of such services. If an insurer determines that
156156 8 the services are no longer medically necessary, then the
157157 9 covered person shall have the right to external review
158158 10 pursuant to the requirements of the Health Carrier
159159 11 External Review Act.
160160 12 (5) If an insurer determines that continued inpatient
161161 13 care, detoxification or withdrawal management, partial
162162 14 hospitalization, intensive outpatient treatment, or
163163 15 outpatient treatment in a facility is no longer medically
164164 16 necessary, the insurer shall, within 24 hours, provide
165165 17 written notice to the covered pregnant or postpartum
166166 18 individual and the covered pregnant or postpartum
167167 19 individual's provider of its decision and the right to
168168 20 file an expedited internal appeal of the determination.
169169 21 The insurer shall review and make a determination with
170170 22 respect to the internal appeal within 24 hours and
171171 23 communicate such determination to the covered pregnant or
172172 24 postpartum individual and the covered pregnant or
173173 25 postpartum individual's provider. If the determination is
174174 26 to uphold the denial, the covered pregnant or postpartum
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185185 1 individual and the covered pregnant or postpartum
186186 2 individual's provider have the right to file an expedited
187187 3 external appeal. An independent utilization review
188188 4 organization shall make a determination within 72 hours.
189189 5 If the insurer's determination is upheld and it is
190190 6 determined that continued inpatient care, detoxification
191191 7 or withdrawal management, partial hospitalization,
192192 8 intensive outpatient treatment, or outpatient treatment is
193193 9 not medically necessary, the insurer shall remain
194194 10 responsible for providing benefits for the inpatient care,
195195 11 detoxification or withdrawal management, partial
196196 12 hospitalization, intensive outpatient treatment, or
197197 13 outpatient treatment through the day following the date
198198 14 the determination is made, and the covered pregnant or
199199 15 postpartum individual shall only be responsible for any
200200 16 applicable copayment, deductible, and coinsurance for the
201201 17 stay through that date as applicable under the policy. The
202202 18 covered pregnant or postpartum individual shall not be
203203 19 discharged or released from the inpatient facility,
204204 20 detoxification or withdrawal management, partial
205205 21 hospitalization, intensive outpatient treatment, or
206206 22 outpatient treatment until all internal appeals and
207207 23 independent utilization review organization appeals are
208208 24 exhausted. A decision to reverse an adverse determination
209209 25 shall comply with the Health Carrier External Review Act.
210210 26 (6) Except as otherwise stated in this subsection (b),
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221221 1 the benefits and cost-sharing shall be provided to the
222222 2 same extent as for any other medical condition covered
223223 3 under the policy.
224224 4 (7) The benefits required by paragraphs (2) and (6) of
225225 5 this subsection (b) are to be provided to all covered
226226 6 pregnant or postpartum individuals with a diagnosis of a
227227 7 mental, emotional, nervous, or substance use disorder or
228228 8 condition. The presence of additional related or unrelated
229229 9 diagnoses shall not be a basis to reduce or deny the
230230 10 benefits required by this subsection (b).
231231 11 (8) Insurers shall cover all services for pregnancy,
232232 12 postpartum, and newborn care that are rendered by
233233 13 perinatal doulas or licensed certified professional
234234 14 midwives, including home births, home visits, and support
235235 15 during labor, abortion, or miscarriage. Coverage shall
236236 16 include the necessary equipment and medical supplies for a
237237 17 home birth.
238238 18 (9) Coverage for pregnancy, postpartum, and newborn
239239 19 care shall include home visits by lactation consultants
240240 20 and the purchase of breast pumps and breast pump supplies,
241241 21 including such breast pumps, breast pump supplies,
242242 22 breastfeeding supplies, and feeding aides as recommended
243243 23 by the lactation consultant.
244244 24 (10) Coverage for postpartum services shall apply for
245245 25 at least one year after birth.
246246 26 (c) All coverage required under this Section shall be
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257257 1 provided without cost sharing. This subsection does not apply
258258 2 to the extent such coverage would disqualify a high-deductible
259259 3 health plan from eligibility for a health savings account
260260 4 pursuant to Section 223 of the Internal Revenue Code.
261261 5 (Source: P.A. 102-665, eff. 10-8-21.)
262262 6 Section 10. The Illinois Public Aid Code is amended by
263263 7 changing Sections 5-16.7, 5-18.5, and 5-18.10 as follows:
264264 8 (305 ILCS 5/5-16.7)
265265 9 Sec. 5-16.7. Post-parturition care. The medical assistance
266266 10 program shall provide the post-parturition care benefits
267267 11 required to be covered by a policy of accident and health
268268 12 insurance under Section 356s of the Illinois Insurance Code.
269269 13 Benefits provided under this Section shall not be subject to
270270 14 any cost-sharing requirement.
271271 15 On and after July 1, 2012, the Department shall reduce any
272272 16 rate of reimbursement for services or other payments or alter
273273 17 any methodologies authorized by this Code to reduce any rate
274274 18 of reimbursement for services or other payments in accordance
275275 19 with Section 5-5e.
276276 20 (Source: P.A. 97-689, eff. 6-14-12.)
277277 21 (305 ILCS 5/5-18.5)
278278 22 Sec. 5-18.5. Perinatal doula and evidence-based home
279279 23 visiting services.
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290290 1 (a) As used in this Section:
291291 2 "Home visiting" means a voluntary, evidence-based strategy
292292 3 used to support pregnant people, infants, and young children
293293 4 and their caregivers to promote infant, child, and maternal
294294 5 health, to foster educational development and school
295295 6 readiness, and to help prevent child abuse and neglect. Home
296296 7 visitors are trained professionals whose visits and activities
297297 8 focus on promoting strong parent-child attachment to foster
298298 9 healthy child development.
299299 10 "Perinatal doula" means a trained provider who provides
300300 11 regular, voluntary physical, emotional, and educational
301301 12 support, but not medical or midwife care, to pregnant and
302302 13 birthing persons before, during, and after childbirth,
303303 14 otherwise known as the perinatal period.
304304 15 "Perinatal doula training" means any doula training that
305305 16 focuses on providing support throughout the prenatal, labor
306306 17 and delivery, or postpartum period, and reflects the type of
307307 18 doula care that the doula seeks to provide.
308308 19 (b) Notwithstanding any other provision of this Article,
309309 20 perinatal doula services and evidence-based home visiting
310310 21 services shall be covered under the medical assistance
311311 22 program, subject to appropriation, for persons who are
312312 23 otherwise eligible for medical assistance under this Article.
313313 24 Perinatal doula services include regular visits beginning in
314314 25 the prenatal period and continuing into the postnatal period,
315315 26 inclusive of continuous support during labor and delivery,
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326326 1 that support healthy pregnancies and positive birth outcomes.
327327 2 Perinatal doula services may be embedded in an existing
328328 3 program, such as evidence-based home visiting. Perinatal doula
329329 4 services provided during the prenatal period may be provided
330330 5 weekly, services provided during the labor and delivery period
331331 6 may be provided for the entire duration of labor and the time
332332 7 immediately following birth, and services provided during the
333333 8 postpartum period may be provided up to 12 months postpartum.
334334 9 (b-5) Notwithstanding any other provision of this Article,
335335 10 beginning January 1, 2023, licensed certified professional
336336 11 midwife services shall be covered under the medical assistance
337337 12 program, subject to appropriation, for persons who are
338338 13 otherwise eligible for medical assistance under this Article.
339339 14 The Department shall consult with midwives on reimbursement
340340 15 rates for midwifery services. Midwifery services covered under
341341 16 this subsection shall include home births and home prenatal,
342342 17 labor and delivery, and postnatal care.
343343 18 (c) The Department of Healthcare and Family Services shall
344344 19 adopt rules to administer this Section. In this rulemaking,
345345 20 the Department shall consider the expertise of and consult
346346 21 with doula program experts, doula training providers,
347347 22 practicing doulas, and home visiting experts, along with State
348348 23 agencies implementing perinatal doula services and relevant
349349 24 bodies under the Illinois Early Learning Council. This body of
350350 25 experts shall inform the Department on the credentials
351351 26 necessary for perinatal doula and home visiting services to be
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362362 1 eligible for Medicaid reimbursement and the rate of
363363 2 reimbursement for home visiting and perinatal doula services
364364 3 in the prenatal, labor and delivery, and postpartum periods.
365365 4 Every 2 years, the Department shall assess the rates of
366366 5 reimbursement for perinatal doula and home visiting services
367367 6 and adjust rates accordingly.
368368 7 (d) The Department shall seek such State plan amendments
369369 8 or waivers as may be necessary to implement this Section and
370370 9 shall secure federal financial participation for expenditures
371371 10 made by the Department in accordance with this Section.
372372 11 (Source: P.A. 102-4, eff. 4-27-21; 102-1037, eff. 6-2-22.)
373373 12 (305 ILCS 5/5-18.10)
374374 13 Sec. 5-18.10. Reimbursement for postpartum visits.
375375 14 (a) In this Section:
376376 15 "Certified lactation counselor" means a health care
377377 16 professional in lactation counseling who has demonstrated the
378378 17 necessary skills, knowledge, and attitudes to provide clinical
379379 18 breastfeeding counseling and management support to families
380380 19 who are thinking about breastfeeding or who have questions or
381381 20 problems during the course of breastfeeding.
382382 21 "Certified nurse midwife" means a person who exceeds the
383383 22 competencies for a midwife contained in the Essential
384384 23 Competencies for Midwifery Practice, published by the
385385 24 International Confederation of Midwives, and who qualifies as
386386 25 an advanced practice registered nurse.
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397397 1 "Community health worker" means a frontline public health
398398 2 worker who is a trusted member or has an unusually close
399399 3 understanding of the community served. This trusting
400400 4 relationship enables the community health worker to serve as a
401401 5 liaison, link, and intermediary between health and social
402402 6 services and the community to facilitate access to services
403403 7 and improve the quality and cultural competence of service
404404 8 delivery.
405405 9 "International board-certified lactation consultant"
406406 10 means a health care professional who is certified by the
407407 11 International Board of Lactation Consultant Examiners and
408408 12 specializes in the clinical management of breastfeeding.
409409 13 "Medical caseworker" means a health care professional who
410410 14 assists in the planning, coordination, monitoring, and
411411 15 evaluation of medical services for a patient with emphasis on
412412 16 quality of care, continuity of services, and affordability.
413413 17 "Perinatal doula" means a trained provider of regular and
414414 18 voluntary physical, emotional, and educational support, but
415415 19 not medical or midwife care, to pregnant and birthing persons
416416 20 before, during, and after childbirth, otherwise known as the
417417 21 perinatal period.
418418 22 "Public health nurse" means a registered nurse who
419419 23 promotes and protects the health of populations using
420420 24 knowledge from nursing, social, and public health sciences.
421421 25 (b) The Illinois Department shall establish a medical
422422 26 assistance program to cover a universal postpartum visit
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433433 1 within the first 3 weeks after childbirth and a comprehensive
434434 2 visit within 4 to 12 weeks postpartum for persons who are
435435 3 otherwise eligible for medical assistance under this Article.
436436 4 In addition, postpartum care services rendered by perinatal
437437 5 doulas, certified lactation counselors, international
438438 6 board-certified lactation consultants, public health nurses,
439439 7 certified nurse midwives, community health workers, and
440440 8 medical caseworkers shall be covered under the medical
441441 9 assistance program.
442442 10 (c) The medical assistance program shall cover home visits
443443 11 for lactation counseling and support services. Visits may
444444 12 occur before birth and at any time within 12 months
445445 13 postpartum.
446446 14 (d) The medical assistance program shall cover
447447 15 counselor-recommended or provider-recommended breast pumps as
448448 16 well as breast pump supplies, breastfeeding supplies, and
449449 17 feeding aides.
450450 18 (e) Nothing in this Section shall limit the number of
451451 19 lactation encounters, visits, or services; breast pumps;
452452 20 breast pump supplies; breastfeeding supplies; or feeding aides
453453 21 a beneficiary is entitled to receive under the medical
454454 22 assistance program.
455455 23 (Source: P.A. 102-665, eff. 10-8-21.)
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