2022 Session

Budget Amendments - SB30 (Floor Approved)

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Coverage of Donated Human Breast Milk

Item 304 #30s

Item 304 #30s

First Year - FY2023 Second Year - FY2024
Health and Human Resources
Department of Medical Assistance Services FY2023 $0 FY2024 $4,381,689 GF
FY2023 $0 FY2024 $4,649,375 NGF

Page 313, line 47, strike "$19,820,607,534" and insert "$19,829,638,598".

Page 340, after line 10, insert:

"PPPP.  Effective July 1, 2023, the Department of Medical Assistance Services shall amend the State Plan under Title XIX of the Social Security Act to add coverage for the payment of medical assistance incurred in the provision of pasteurized donated human breast milk, which shall include human milk-derived human milk fortifiers if indicated in a medical order provided by a licensed medical practitioner, provided that:

a. The covered person is an infant under the age of six months;

b. The milk is obtained from a human milk bank that meets quality guidelines established by the Department of Health; and

c. A licensed medical practitioner has issued a written order for the provision of such human breast milk for an infant who is medically or physically unable to receive maternal breast milk or participate in breastfeeding or whose mother is medically or physically unable to produce maternal breast milk in sufficient quantities or caloric density or participate in breastfeeding despite optimal lactation support; or meets any of the following conditions:

a. A body weight below healthy levels determined by the licensed medical practitioner;

b. A congenital or acquired condition that places the infant at a high risk for development of necrotizing enterocolitis; or

c. A congenital or acquired condition that may benefit from the use of such human breast milk as determined by the Department of Health."


(This amendment provides $4.4 million general fund the second year and $4.6 million in federal Medicaid matching funds to provide Medicaid coverage for pasteurized donated human breast milk to infants under six months of age when such milk is prescribed by a medical practitioner for the infant.)