HF 1859

as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2020 03:03pm

A bill for an act
relating to health insurance; requiring coverage for donated human breast milk;
amending Minnesota Statutes 2018, section 256B.0625, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 62Q.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [62Q.512] COVERAGE OF DONATED HUMAN BREAST MILK.
new text end

new text begin (a) A health plan must provide coverage for pasteurized donated human breast milk,
including human milk fortifiers if prescribed by a health care provider, in compliance with
this section.
new text end

new text begin (b) Coverage under this section is required if:
new text end

new text begin (1) a health care provider has issued a written order for human breast milk to be provided
to the infant;
new text end

new text begin (2) the milk is obtained from a human milk bank that meets quality guidelines established
by the commissioner of health; and
new text end

new text begin (3) the covered individual is an infant under the age of six months who:
new text end

new text begin (i) is medically or physically unable to receive maternal breast milk or participate in
breastfeeding, or whose mother is medically or physically unable to provide maternal breast
milk in sufficient quantities or participate in breastfeeding despite optimal lactation support;
new text end

new text begin (ii) has a body weight below health levels, as determined by a health care provider;
new text end

new text begin (iii) has a congenital or acquired condition that places the infant at a high risk for
development of necrotizing enterocolitis; or
new text end

new text begin (iv) has a congenital or acquired condition that may benefit from the use of human breast
milk, as determined by the commissioner of health.
new text end

new text begin (c) This section does not prohibit a health plan company from performing a utilization
review, including a periodic review of the medical necessity for a particular service.
new text end

new text begin (d) The cost-sharing requirements, including co-pays, deductibles, and coinsurance, for
coverage under this section must be the same as those for similar benefits under the health
plan.
new text end

new text begin (e) For purposes of this section, a "health plan" includes (1) coverage offered by a
county-based purchasing plan participating in a public program under chapter 256B or 256L,
and (2) an integrated health partnership under section 256B.0755.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020, and applies to health
plans offered, issued, or renewed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 256B.0625, is amended by adding a subdivision
to read:

new text begin Subd. 32a. new text end

new text begin Donated human breast milk. new text end

new text begin Medical assistance covers pasteurized donated
human breast milk, including human milk fortifiers if prescribed by a health care provider,
as provided under section 62Q.512.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end