STATE OF NEW YORK ________________________________________________________________________ 6674--A Cal. No. 1163 2023-2024 Regular Sessions IN SENATE May 4, 2023 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Women's Issues -- recommitted to the Committee on Women's Issues in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to amend the insurance law, in relation to expanding coverage requirements for human donor milk The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 38 of subsection (i) of section 3216 of the 2 insurance law, as added by section 10 of part MM of chapter 57 of the 3 laws of 2018 and as renumbered by chapter 739 of the laws of 2022, is 4 amended to read as follows: 5 (38) Every policy that provides coverage for hospital, surgical or 6 medical care shall provide the following coverage for pasteurized donor 7 human milk (PDHM), which may include fortifiers as medically indicated[, 8 for inpatient use], for which a licensed medical practitioner has issued 9 an order for an infant who is medically or physically unable to receive 10 maternal breast milk or participate in breast feeding or whose mother is 11 medically or physically unable to produce maternal breast milk at all or 12 in sufficient quantities or participate in breast feeding despite opti- 13 mal lactation support. Such infant shall: (i) have a documented birth 14 weight of less than one thousand five hundred grams; or (ii) have a 15 congenital or acquired condition that places the infant at a high risk 16 for development of necrotizing enterocolitis. 17 § 2. Paragraph 20 of subsection (l) of section 3221 of the insurance 18 law, as added by section 11 of part MM of chapter 57 of the laws of 19 2018, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11129-04-4
S. 6674--A 2 1 (20) Every insurer delivering a group or blanket policy or issuing a 2 group or blanket policy for delivery in this state that provides cover- 3 age for hospital, surgical or medical care shall provide the following 4 coverage for pasteurized donor human milk (PDHM), which may include 5 fortifiers as medically indicated[, for inpatient use], for which a 6 licensed medical practitioner has issued an order for an infant who is 7 medically or physically unable to receive maternal breast milk or 8 participate in breast feeding or whose mother is medically or physically 9 unable to produce maternal breast milk at all or in sufficient quanti- 10 ties or participate in breast feeding despite optimal lactation support. 11 Such infant shall: (i) have a documented birth weight of less than one 12 thousand five hundred grams; or (ii) have a congenital or acquired 13 condition that places the infant at a high risk for development of 14 necrotizing enterocolitis. 15 § 3. Subsection (oo) of section 4303 of the insurance law, as added by 16 section 12 of part MM of chapter 57 of the laws of 2018, is amended to 17 read as follows: 18 (oo) A medical expense indemnity corporation, a hospital service 19 corporation or a health service corporation that provides coverage for 20 hospital, surgical or medical care shall provide the following coverage 21 for pasteurized donor human milk (PDHM), which may include fortifiers as 22 medically indicated[, for inpatient use], for which a licensed medical 23 practitioner has issued an order for an infant who is medically or phys- 24 ically unable to receive maternal breast milk or participate in breast 25 feeding or whose mother is medically or physically unable to produce 26 maternal breast milk at all or in sufficient quantities or participate 27 in breast feeding despite optimal lactation support. Such infant shall: 28 (i) have a documented birth weight of less than one thousand five 29 hundred grams; or (ii) have a congenital or acquired condition that 30 places the infant at a high risk for development of necrotizing entero- 31 colitis. 32 § 4. This act shall take effect on the first of January next succeed- 33 ing the date on which it shall have become a law and shall apply to all 34 policies issued, renewed, modified, altered or amended on or after such 35 date. Effectively immediately, the addition, amendment and/or repeal of 36 any rule or regulation necessary for the implementation of this act on 37 its effective date are authorized to be made and completed on or before 38 such date.