SB 499

Abstract

Donor human milk banks, health insurance; coverage for donor human milk; penalty; emergency. Prohibits any person from establishing or operating a donor human milk bank, as defined in the bill, without first obtaining a license from the State Health Commissioner and makes it a Class 6 felony for any person to establish or operate a donor human milk bank in the Commonwealth without obtaining such license. The bill directs the State Board of Health to establish a regulatory and statutory scheme for the licensure and regulation of donor human milk banks operating or doing business in the Commonwealth. The bill also directs the Commissioner to implement and enforce numerous regulations relating to the issuance, renewal, denial, suspension, and revocation of such licenses. The bill specifies procedures relating to disciplinary actions, application fees, and inspections and interviews related to such donor human milk banks. The bill requires health insurers, corporations providing health care coverage subscription contracts, and health maintenance organizations to provide coverage for expenses incurred in the provision of pasteurized donor human milk. The bill specifies that the requirement applies if the covered person is an infant younger than the age of six months and a licensed medical practitioner has issued an order for such infant who satisfies certain criteria enumerated in the bill. The bill applies to policies, contracts, and plans delivered, issued for delivery, or renewed on or after January 1, 2026. The bill also requires the state plan for medical assistance services to include a provision for payment of medical assistance services incurred in the provision of pasteurized donor human milk. The bill specifies that certain provisions will not become effective until the State Board promulgates regulations for the licensure of donor human milk banks and directs the State Board to adopt emergency regulations to implement certain provisions of the bill.

Donor human milk banks, health insurance; coveragefor donor human milk. Prohibits any person from establishingor operating a donor human milk bank without first obtaining a licensefrom the Department of Health. The bill directs the Department to establish criteria for the licensure of donor human milk banks andto promulgate regulations by July 1, 2025, that prohibit activitiesof donor human milk banks that do not meet the licensing standards and requirements The bill requireshealth insurers, corporations providing health care coverage subscriptioncontracts, and health maintenance organizations to provide coveragefor expenses incurred in the provision of pasteurized donor humanmilk. The bill specifies that the requirement applies if the coveredperson is an infant younger than the age of six months and a licensedmedical practitioner has issued an order for such infant who satisfies certain criteria enumerated in the bill. The bill applies to policies,contracts, and plans delivered, issued for delivery, or renewed onor after January 1, 2025. The bill also requires the state plan formedical assistance services to include a provision for payment ofmedical assistance services incurred in the provision of pasteurizeddonor human milk.