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2 | 2 | | HOUSE DOCKET, NO. 2471 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1317 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Amy Mah Sangiolo |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act improving access to breast pumps. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Amy Mah Sangiolo11th Middlesex1/16/2025Natalie M. Blais1st Franklin2/4/2025Patrick Joseph Kearney4th Plymouth1/28/2025 1 of 9 |
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16 | 16 | | HOUSE DOCKET, NO. 2471 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1317 |
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18 | 18 | | By Representative Sangiolo of Newton, a petition (accompanied by bill, House, No. 1317) of |
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19 | 19 | | Amy Mah Sangiolo, Natalie M. Blais and Patrick Joseph Kearney relative to the access of breast |
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20 | 20 | | pumps. Financial Services. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act improving access to breast pumps. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 32A of the General Laws, as appearing in the 2022 Official |
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30 | 30 | | 2Edition, is hereby amended by adding the following section:- |
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31 | 31 | | 3 Section 34. (a) As used in this section, “multi-user breast pump” shall mean a breast |
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32 | 32 | | 4pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple |
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33 | 33 | | 5users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 |
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34 | 34 | | 6times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a |
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35 | 35 | | 7closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase |
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36 | 36 | | 8system or the ability to customize vacuum and cycling for each user; and (viii) is run on |
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37 | 37 | | 9electricity, not batteries alone. |
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38 | 38 | | 10 (b) The commission shall provide to an active or retired employee of the commonwealth |
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39 | 39 | | 11who is insured under the group insurance commission coverage for the cost of the rental and |
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40 | 40 | | 12usage of a multi-user breast pump by the mother of a newborn infant who is receiving care at an 2 of 9 |
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41 | 41 | | 13intensive care or special care nursery, or has cardiac, neurological, or oral anomalies that prevent |
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42 | 42 | | 14direct feeding at the breast, until such time as the infant is discharged, or until the mother is no |
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43 | 43 | | 15longer pumping breastmilk. The multi-user breast pump shall be made available to the user |
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44 | 44 | | 16within 24 hours of maternal hospital discharge. |
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45 | 45 | | 17 (c) The commission shall provide to an active or retired employee of the commonwealth |
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46 | 46 | | 18who is insured under the group insurance commission, and eligible for a covered multi-user |
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47 | 47 | | 19breast pump under this section, coverage for: (i) periodic replacement parts for the multi-user |
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48 | 48 | | 20breast pump including, but not limited to, connectors, valves, tubing, backflow protectors, and |
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49 | 49 | | 21flanges; (ii) breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user |
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50 | 50 | | 22breast pump parts. |
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51 | 51 | | 23 (d) The commission shall provide to an active or retired employee of the commonwealth |
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52 | 52 | | 24who is insured under the group insurance commission, and eligible for a covered multi-user |
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53 | 53 | | 25breast pump under this section, coverage for: (i) an initial assessment, instruction and fitting by |
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54 | 54 | | 26an International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, |
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55 | 55 | | 27support and refitting as needed by an IBCLC. |
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56 | 56 | | 28 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after |
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57 | 57 | | 29section 10Q the following section:- |
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58 | 58 | | 30 Section 10R. (a) As used in this section, “multi-user breast pump” shall mean a breast |
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59 | 59 | | 31pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple |
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60 | 60 | | 32users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 |
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61 | 61 | | 33times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a |
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62 | 62 | | 34closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase 3 of 9 |
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63 | 63 | | 35system or the ability to customize vacuum and cycling for each user; and (viii) is run on |
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64 | 64 | | 36electricity, not batteries alone. |
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65 | 65 | | 37 (b) The division and its contracted health insurers, health plans, health maintenance |
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66 | 66 | | 38organizations, behavioral health management firms and third-party administrators under contract |
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67 | 67 | | 39to a Medicaid managed care organization or primary care clinician plan shall provide coverage |
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68 | 68 | | 40for the cost of the rental and usage of a multi-user breast pump by the mother of a newborn |
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69 | 69 | | 41infant who is receiving care at an intensive care or special care nursery, or has cardiac, |
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70 | 70 | | 42neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the |
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71 | 71 | | 43infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user breast |
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72 | 72 | | 44pump shall be made available to the user within 24 hours of maternal hospital discharge. |
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73 | 73 | | 45 (c) The division and its contracted health insurers, health plans, health maintenance |
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74 | 74 | | 46organizations, behavioral health management firms and third-party administrators under contract |
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75 | 75 | | 47to a Medicaid managed care organization or primary care clinician plan shall provide an |
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76 | 76 | | 48individual, who is eligible for a covered multi-user breast pump under this section, coverage for: |
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77 | 77 | | 49(i) periodic replacement parts for the multi-user breast pump including, but not limited to, |
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78 | 78 | | 50connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and |
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79 | 79 | | 51(iii) microwave bags for sterilizing the multi-user breast pump parts. |
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80 | 80 | | 52 (d) The division and its contracted health insurers, health plans, health maintenance |
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81 | 81 | | 53organizations, behavioral health management firms and third-party administrators under contract |
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82 | 82 | | 54to a Medicaid managed care organization or primary care clinician plan shall provide an |
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83 | 83 | | 55individual, who is eligible for a covered multi-user breast pump under this section, coverage for: |
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84 | 84 | | 56(i) an initial assessment, instruction and fitting by an International Board Certified Lactation 4 of 9 |
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85 | 85 | | 57Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed |
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86 | 86 | | 58by provider, by an IBCLC. |
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87 | 87 | | 59 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after |
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88 | 88 | | 60section 47UU the following section:- |
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89 | 89 | | 61 Section 47VV. (a) As used in this section, “multi-user breast pump” shall mean a breast |
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90 | 90 | | 62pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple |
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91 | 91 | | 63users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 |
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92 | 92 | | 64times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a |
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93 | 93 | | 65closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase |
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94 | 94 | | 66system or the ability to customize vacuum and cycling for each user; and (viii) is run on |
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95 | 95 | | 67electricity, not batteries alone. |
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96 | 96 | | 68 (b) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or |
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97 | 97 | | 69renewed within the commonwealth, which is considered creditable coverage under section 1 of |
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98 | 98 | | 70chapter 111M, shall provide coverage for the cost of the rental and usage of a multi-user breast |
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99 | 99 | | 71pump by the mother of a newborn infant who is receiving care at an intensive care or special care |
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100 | 100 | | 72nursery, or has cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, |
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101 | 101 | | 73until such time as the infant is discharged, or until the mother is no longer pumping breast milk. |
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102 | 102 | | 74The multi-user breast pump should be made available to the user within 24 hours of maternal |
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103 | 103 | | 75hospital discharge. |
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104 | 104 | | 76 (c) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or |
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105 | 105 | | 77renewed within the commonwealth, which is considered creditable coverage under section 1 of |
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106 | 106 | | 78chapter 111M, shall provide an individual, who is eligible for a covered multi-user breast pump 5 of 9 |
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107 | 107 | | 79under this section, coverage for: (i) periodic replacement parts for the multi-user breast pump |
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108 | 108 | | 80including, but not limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) |
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109 | 109 | | 81breast milk storage bags; and (iii) microwave bags for sterilizing the multi-user breast pump |
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110 | 110 | | 82parts. |
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111 | 111 | | 83 (d) Any policy, contract, agreement, plan or certificate of insurance issued, delivered or |
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112 | 112 | | 84renewed within the commonwealth, which is considered creditable coverage under section 1 of |
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113 | 113 | | 85chapter 111M, shall provide an individual, who is eligible for a covered multi-user breast pump |
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114 | 114 | | 86under this section, coverage for: (i) an initial assessment, instruction and fitting by an |
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115 | 115 | | 87International Board Certified Lactation Consultant (IBCLC); and (ii) ongoing assessment, |
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116 | 116 | | 88support and refitting as needed and prescribed by provider, by an IBCLC. |
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117 | 117 | | 89 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after |
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118 | 118 | | 90section 8VV the following section:- |
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119 | 119 | | 91 Section 8WW. (a) As used in this section, “multi-user breast pump” shall mean a breast |
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120 | 120 | | 92pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple |
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121 | 121 | | 93users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 |
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122 | 122 | | 94times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a |
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123 | 123 | | 95closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase |
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124 | 124 | | 96system or the ability to customize vacuum and cycling for each user; and (viii) is run on |
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125 | 125 | | 97electricity, not batteries alone. |
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126 | 126 | | 98 (b) Any contract between a subscriber and the corporation under an individual or group |
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127 | 127 | | 99hospital service plan that is delivered, issued or renewed within the commonwealth shall provide |
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128 | 128 | | 100coverage for the cost of the rental and usage of a multi-user breast pump by the mother of a 6 of 9 |
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129 | 129 | | 101newborn infant who is receiving care at an intensive care or special care nursery, or has cardiac, |
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130 | 130 | | 102neurological, or oral anomalies that prevent direct feeding at the breast, until such time as the |
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131 | 131 | | 103infant is discharged, or until the mother is no longer pumping breast milk. The multi-user breast |
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132 | 132 | | 104pump shall be made available to the user within 24 hours of maternal hospital discharge. |
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133 | 133 | | 105 (c) Any contract between a subscriber and the corporation under an individual or group |
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134 | 134 | | 106hospital service plan that is delivered, issued or renewed within the commonwealth shall provide |
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135 | 135 | | 107an individual, who is eligible for a covered multi-user breast pump under this section, coverage |
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136 | 136 | | 108for: (i) periodic replacement parts for the multi-user breast pump including, but not limited to, |
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137 | 137 | | 109connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and |
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138 | 138 | | 110(iii) microwave bags for sterilizing the multi-user breast pump parts. |
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139 | 139 | | 111 (d) Any contract between a subscriber and the corporation under an individual or group |
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140 | 140 | | 112hospital service plan that is delivered, issued or renewed within the commonwealth shall provide |
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141 | 141 | | 113an individual, who is eligible for a covered multi-user breast pump under this section, coverage |
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142 | 142 | | 114for: (i) an initial assessment, instruction and fitting by an International Board Certified Lactation |
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143 | 143 | | 115Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed |
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144 | 144 | | 116by provider, by an IBCLC. |
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145 | 145 | | 117 SECTION 5. Chapter 176B of the General laws is hereby amended by inserting after |
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146 | 146 | | 118section 4VV the following section:- |
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147 | 147 | | 119 Section 4WW. (a) As used in this section, “multi-user breast pump” shall mean a breast |
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148 | 148 | | 120pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple |
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149 | 149 | | 121users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 |
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150 | 150 | | 122times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a 7 of 9 |
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151 | 151 | | 123closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase |
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152 | 152 | | 124system or the ability to customize vacuum and cycling for each user; and (viii) is run on |
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153 | 153 | | 125electricity, not batteries alone. |
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154 | 154 | | 126 (b) Any subscription certificate under an individual or group medical service agreement |
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155 | 155 | | 127delivered, issued or renewed within the commonwealth shall provide coverage for the cost of the |
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156 | 156 | | 128rental and usage of a multi-user breast pump by the mother of a newborn infant who is receiving |
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157 | 157 | | 129care at an intensive care or special care nursery, or has cardiac, neurological, or oral anomalies |
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158 | 158 | | 130that prevent direct feeding at the breast, until such time as the infant is discharged, or until the |
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159 | 159 | | 131mother is no longer pumping breastmilk. The multi-user breast pump should be made available |
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160 | 160 | | 132to the user within 24 hours of maternal hospital discharge. |
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161 | 161 | | 133 (c) Any subscription certificate under an individual or group medical service agreement |
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162 | 162 | | 134delivered, issued or renewed within the commonwealth shall provide an individual, who is |
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163 | 163 | | 135eligible for a covered multi-user breast pump under this section, coverage for: (i) periodic |
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164 | 164 | | 136replacement parts for the multi-user breast pump including, but not limited to, connectors, |
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165 | 165 | | 137valves, tubing, backflow protectors, and flanges; (ii) breast milk storage bags; and (iii) |
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166 | 166 | | 138microwave bags for sterilizing the multi-user breast pump parts. |
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167 | 167 | | 139 (d) Any subscription certificate under an individual or group medical service agreement |
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168 | 168 | | 140delivered, issued or renewed within the commonwealth shall provide an individual, who is |
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169 | 169 | | 141eligible for a covered multi-user breast pump under this section, coverage for: (i) an initial |
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170 | 170 | | 142assessment, instruction and fitting by an International Board Certified Lactation Consultant |
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171 | 171 | | 143(IBCLC); and (ii) ongoing assessment, support and refitting as needed and prescribed by |
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172 | 172 | | 144provider, by an IBCLC. 8 of 9 |
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173 | 173 | | 145 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after |
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174 | 174 | | 146section 4NN the following section:- |
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175 | 175 | | 147 Section 4OO. (a) As used in this section, “multi-user breast pump” shall mean a breast |
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176 | 176 | | 148pump that is: (i) capable of initiating and supporting milk supply; (ii) able to be used by multiple |
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177 | 177 | | 149users safely and hygienically; (iii) durable enough to be used by a mother who is expressing 8 |
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178 | 178 | | 150times per day or more; (iv) is made for heavy usage with a long motor life; (v) operating using a |
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179 | 179 | | 151closed system; (vi) is capable of suction power from 0 to 300 mmHg; (vii) has a multiphase |
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180 | 180 | | 152system or the ability to customize vacuum and cycling for each user; and (viii) is run on |
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181 | 181 | | 153electricity, not batteries alone. |
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182 | 182 | | 154 (b) An individual or group health maintenance contract that is issued or renewed shall |
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183 | 183 | | 155provide coverage for the cost of the rental and usage of a multi-user breast pump by the mother |
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184 | 184 | | 156of a newborn infant who is receiving care at an intensive care or special care nursery, or has |
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185 | 185 | | 157cardiac, neurological, or oral anomalies that prevent direct feeding at the breast, until such time |
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186 | 186 | | 158as the infant is discharged, or until the mother is no longer pumping breastmilk. The multi-user |
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187 | 187 | | 159breast pump should be made available to the user within 24 hours of maternal hospital discharge. |
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188 | 188 | | 160 (c) An individual or group health maintenance contract that is issued or renewed shall |
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189 | 189 | | 161provide an individual, who is eligible for a covered multi-user breast pump under this section, |
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190 | 190 | | 162coverage for: (i) periodic replacement parts for the multi-user breast pump including, but not |
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191 | 191 | | 163limited to, connectors, valves, tubing, backflow protectors, and flanges; (ii) breast milk storage |
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192 | 192 | | 164bags; and (iii) microwave bags for sterilizing the multi-user breast pump parts. |
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193 | 193 | | 165 (d) An individual or group health maintenance contract that is issued or renewed shall |
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194 | 194 | | 166provide an individual, who is eligible for a covered multi-user breast pump under this section, 9 of 9 |
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195 | 195 | | 167coverage for: (i) an initial assessment, instruction and fitting by an International Board Certified |
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196 | 196 | | 168Lactation Consultant (IBCLC); and (ii) ongoing assessment, support and refitting as needed and |
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197 | 197 | | 169prescribed by provider, by an IBCLC. |
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