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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 404 By: Dossett (J.A.)
AS INTRODUCED
An Act relating to the state Medicaid program;
requiring coverage of medically necessary pasteurized
donor breast milk under certain conditions; directing
promulgation of rules; authorizing adoption of
certain policy or procedure; directing the Authority
to seek certain federal approval; prov iding for
codification; providing an effective date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 5026.1 of Title 63, unless there
is created a duplication in numbering, reads as f ollows:
A. The Oklahoma Health Care Authority , to the extent
permissible under federal law, shall provide Medicaid coverage for
medically necessary pasteurized donor brea st milk provided:
1. A physician, physician assistant or Advanced Practice
Registered Nurse licensed in this state signs an order stating th at
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such milk is medically necessary for an infant Medicaid beneficiary ;
and
2. a. the infant is medically or physic ally 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 Oklahoma Health Care Authority Board shall promulgate
rules 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 Board may adopt a policy or
procedure to implement the provisions of this section while in the
process of promulgating rules; provided, such policy or procedure is
posted on the Internet web site of the Authority prior to adoption of
the policy.
C. The Authority shall seek any federal approval necessa ry to
implement this section.
SECTION 2. This act shall become effective July 1, 2021.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-1673 DC 1/14/2021 5:50:10 PM