SB 362

Donor human milk banks; health insurance; coverage for donor human milk; penalties. 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 also establishes requirements, policies, and procedures for the operation and administration of licensed human donor milk banks, including procedures relating to disciplinary actions, application fees, and inspections and interviews related to such donor human milk banks. The bill directs (i) 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 and (ii) the Commissioner to implement and enforce numerous regulations relating to the issuance, renewal, denial, suspension, and revocation of such licenses. The bill requires (a) health insurers, corporations providing health care coverage subscription contracts, and health maintenance organizations to provide coverage for expenses and (b) 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 for any infant that is younger than the age of six months and who satisfies certain criteria enumerated in the bill. The bill has a delayed effective date of July 1, 2027, or whenever the State Board of Health has promulgated regulations for the licensure of donor human milk banks, whichever is later.