Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S600 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 629 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 600
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act improving access to breast pumps.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 9
16	16	SENATE DOCKET, NO. 629 FILED ON: 1/17/2023
17	17	SENATE . . . . . . . . . . . . . . No. 600
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 600) of Cynthia Stone Creem for
19	19	legislation to improve access to breast pumps. Financial Services.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act improving access to breast pumps.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the
29	29	2following section:-
30	30	3 Section 31. (a) As used in this section, “multi-user breast pump” shall mean a breast
31	31	4pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple
32	32	5users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8
33	33	6times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a
34	34	7closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase
35	35	8system or the ability to customize vacuum and cycling for each user; and (viii) is run on
36	36	9electricity, not batteries alone.
37	37	10 (b) The commission shall provide to an active or retired employee of the commonwealth
38	38	11who is insured under the group insurance commission coverage for the cost of the rental and
39	39	12usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an 2 of 9
40	40	13intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent
41	41	14direct feeding at the breast, until such time as the infant is discharged, or until the mother is no
42	42	15longer pumping breastmilk. The multi-user breast pump shall be made available to the user
43	43	16within 24 hours of maternal hospital discharge.
44	44	17 (c) The commission shall provide to an active or retired employee of the commonwealth
45	45	18who is insured under the group insurance commission, and eligible for a covered multi-user
46	46	19breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user
47	47	20breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and
48	48	21flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user
49	49	22breast pump parts.
50	50	23 (d) The commission shall provide to an active or retired employee of the commonwealth
51	51	24who is insured under the group insurance commission, and eligible for a covered multi-user
52	52	25breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by
53	53	26an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment,
54	54	27support and refitting as needed by an IBCLC.
55	55	28 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after
56	56	29section 10N the following section:-
57	57	30 Section 10O. (a) As used in this section, “multi-user breast pump” shall mean a breast
58	58	31pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple
59	59	32users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8
60	60	33times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a
61	61	34closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase 3 of 9
62	62	35system or the ability to customize vacuum and cycling for each user; and (viii) is run on
63	63	36electricity, not batteries alone.
64	64	37 (b) The division and its contracted health insurers, health plans, health maintenance
65	65	38organizations, behavioral health management firms and third-party administrators under contract
66	66	39to a Medicaid managed care organization or primary care clinician plan shall provide coverage
67	67	40for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn
68	68	41infant who is receiving care at an intensive care or special care nursery, or has cardiac,
69	69	42neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the
70	70	43infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user breast
71	71	44pump shall be made available to the user within 24 hours of maternal hospital discharge.
72	72	45 (c) The division and its contracted health insurers, health plans, health maintenance
73	73	46organizations, behavioral health management firms and third-party administrators under contract
74	74	47to a Medicaid managed care organization or primary care clinician plan shall provide an
75	75	48individual, who is eligible for a covered multi-user breast pump under this section, coverage for:
76	76	49(i) periodic replacement parts for the multi-user breast pump including, but not limited to,
77	77	50connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and
78	78	51(iii) microwave bags for sterilizing the multi-user breast pump parts.
79	79	52 (d) The division and its contracted health insurers, health plans, health maintenance
80	80	53organizations, behavioral health management firms and third-party administrators under contract
81	81	54to a Medicaid managed care organization or primary care clinician plan shall provide an
82	82	55individual, who is eligible for a covered multi-user breast pump under this section, coverage for:
83	83	56(i) an initial assessment, instruction and fitting by an International Board Certified Lactation 4 of 9
84	84	57Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed
85	85	58by provider, by an IBCLC.
86	86	59 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after
87	87	60section 47PP the following section:-
88	88	61 Section 47QQ. (a) As used in this section, “multi-user breast pump” shall mean a breast
89	89	62pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple
90	90	63users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8
91	91	64times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a
92	92	65closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase
93	93	66system or the ability to customize vacuum and cycling for each user; and (viii) is run on
94	94	67electricity, not batteries alone.
95	95	68 (b) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or
96	96	69renewed within the commonwealth, which is considered creditable coverage under section 1 of
97	97	70chapter 111M, shall provide coverage for the cost of the rental and usage of a multi-user breast
98	98	71pump by the mother of a newborn infant who is receiving care at an intensive care or special care
99	99	72nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast,
100	100	73until such time as the infant is discharged, or until the mother is no longer pumping breast milk.
101	101	74The multi-user breast pump should be made available to the user within 24 hours of maternal
102	102	75hospital discharge.
103	103	76 (c) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or
104	104	77renewed within the commonwealth, which is considered creditable coverage under section 1 of
105	105	78chapter 111M, shall provide an individual, who is eligible for a covered multi-user breast pump 5 of 9
106	106	79under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump
107	107	80including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii)
108	108	81breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump
109	109	82parts.
110	110	83 (d) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or
111	111	84renewed within the commonwealth, which is considered creditable coverage under section 1 of
112	112	85chapter 111M, shall provide an individual, who is eligible for a covered multi-user breast pump
113	113	86under this section, coverage for: (i) an initial assessment, instruction and fitting by an
114	114	87International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment,
115	115	88support and refitting as needed and prescribed by provider, by an IBCLC.
116	116	89 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after
117	117	90section 8QQ the following section:-
118	118	91 Section 8RR. (a) As used in this section, “multi-user breast pump” shall mean a breast
119	119	92pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple
120	120	93users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8
121	121	94times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a
122	122	95closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase
123	123	96system or the ability to customize vacuum and cycling for each user; and (viii) is run on
124	124	97electricity, not batteries alone.
125	125	98 (b) Any contract between a subscriber and the corporation under an individual or group
126	126	99hospital service plan that is delivered, issued or renewed within the commonwealth shall provide
127	127	100coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a 6 of 9
128	128	101newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac,
129	129	102neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the
130	130	103infant is discharged, or until the mother is no longer pumping breast milk. The multi-user breast
131	131	104pump shall be made available to the user within 24 hours of maternal hospital discharge.
132	132	105 (c) Any contract between a subscriber and the corporation under an individual or group
133	133	106hospital service plan that is delivered, issued or renewed within the commonwealth shall provide
134	134	107an individual, who is eligible for a covered multi-user breast pump under this section, coverage
135	135	108for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to,
136	136	109connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and
137	137	110(iii) microwave bags for sterilizing the multi-user breast pump parts.
138	138	111 (d) Any contract between a subscriber and the corporation under an individual or group
139	139	112hospital service plan that is delivered, issued or renewed within the commonwealth shall provide
140	140	113an individual, who is eligible for a covered multi-user breast pump under this section, coverage
141	141	114for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation
142	142	115Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed
143	143	116by provider, by an IBCLC.
144	144	117 SECTION 5. Chapter 176B of the General laws is hereby amended by inserting after
145	145	118section 4QQ the following section:-
146	146	119 Section 4RR. (a) As used in this section, “multi-user breast pump” shall mean a breast
147	147	120pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple
148	148	121users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8
149	149	122times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a 7 of 9
150	150	123closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase
151	151	124system or the ability to customize vacuum and cycling for each user; and (viii) is run on
152	152	125electricity, not batteries alone.
153	153	126 (b) Any subscription certificate under an individual or group medical service agreement
154	154	127delivered, issued or renewed within the commonwealth shall provide coverage for the cost of the
155	155	128rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving
156	156	129care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies
157	157	130that prevent direct feeding at the breast, until such time as the infant is discharged, or until the
158	158	131mother is no longer pumping breastmilk. The multi-user breast pump should be made available
159	159	132to the user within 24 hours of maternal hospital discharge.
160	160	133 (c) Any subscription certificate under an individual or group medical service agreement
161	161	134delivered, issued or renewed within the commonwealth shall provide an individual, who is
162	162	135eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic
163	163	136replacement parts for the multi-user breast pump including, but not limited to, connectors,
164	164	137valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii)
165	165	138microwave bags for sterilizing the multi-user breast pump parts.
166	166	139 (d) Any subscription certificate under an individual or group medical service agreement
167	167	140delivered, issued or renewed within the commonwealth shall provide an individual, who is
168	168	141eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial
169	169	142assessment, instruction and fitting by an International Board Certified Lactation Consultant
170	170	143(IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by
171	171	144provider, by an IBCLC. 8 of 9
172	172	145 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after
173	173	146section 4GG the following section:-
174	174	147 Section 4HH. (a) As used in this section, “multi-user breast pump” shall mean a breast
175	175	148pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple
176	176	149users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8
177	177	150times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a
178	178	151closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase
179	179	152system or the ability to customize vacuum and cycling for each user; and (viii) is run on
180	180	153electricity, not batteries alone.
181	181	154 (b) An individual or group health maintenance contract that is issued or renewed shall
182	182	155provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother
183	183	156of a newborn infant who is receiving care at an intensive care or special care nursery, or has
184	184	157cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time
185	185	158as the infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user
186	186	159breast pump should be made available to the user within 24 hours of maternal hospital discharge.
187	187	160 (c) An individual or group health maintenance contract that is issued or renewed shall
188	188	161provide an individual, who is eligible for a covered multi-user breast pump under this section,
189	189	162coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not
190	190	163limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage
191	191	164bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts.
192	192	165 (d) An individual or group health maintenance contract that is issued or renewed shall
193	193	166provide an individual, who is eligible for a covered multi-user breast pump under this section, 9 of 9
194	194	167coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified
195	195	168Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and
196	196	169prescribed by provider, by an IBCLC.