Hello Lactnetters:
I wanted to post regarding proposed legislation in California to reumburse
for lactation services by insurance companies. The original text,
was modified somewhat over concerns that LC's are not state regulated as are nurses.
Your imput is greatly appreciated, even from other LC's nationwide, as perhaps this bill
will set a precedent for other states. I beg forgiveness from the Co-mothers of Lactnet,
if I have taken up too much space with this.
You can E-mail comments or letters of support to legislative aide-Alicia Bert or call
her at: (530) 445-8800 Fax 445-8899
Jeannette Newman-Velez, RD, MPH, IBCLC
YWCA WIC PROGRAM
Breastfeeding Promotion Coordinator
-------------Forwarded Message-----------------
From: "Bert, Alicia", INTERNET:[log in to unmask]
To: "[log in to unmask]", vjvelez
Date: 5/22/98 3:52 PM
Dear Jeanette:
Let's talk next week about whether or not lactation
consultants are covered by this language and possible solutions for the
next steps to take in the Senate. One major issue we are facing is that
lactation consultants are not defined in state law or regulated by a
state agency. Thank you for your help and I look forward to talking
with you next week.
P.S. The assembly home page address is http://www.assembly.ca.gov
(for those interested to recieve updates on amendments to this bill)
Alicia Bert
BILL NUMBER: AB 2438 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 18, 1998
AMENDED IN ASSEMBLY MAY 6, 1998
AMENDED IN ASSEMBLY APRIL 21, 1998
INTRODUCED BY Assembly Member Murray
FEBRUARY 20, 1998
An act to add Section 1367.54 to the Health and Safety Code, and
to add Section 10123.184 to the Insurance Code, relating to health
care service plans.
LEGISLATIVE COUNSEL'S DIGEST
AB 2438, as amended, Murray. Health care service plans: maternal
and child health services.
Existing law governing health care service plans and disability
insurance imposes certain requirements relating to coverage for
maternity benefits and access to obstetrician-gynecologists. The
willful violation of the law relating to health care service plans is
a crime.
This bill would require any group health care service plan
contract, except for a specialized health care service plan contract,
and any disability insurance policy, that covers hospital, medical,
or surgical expenses that is issued, amended, renewed, or delivered
on or after January 1, 1999, or such a contract or policy that is of
a type and form first offered for sale on or after January 1, 1999,
to provide coverage for advanced services relating
to breast-feeding and lactation on referral by a primary care
provider , as specified, and fees
for participation in the statewide
state prenatal diagnostic testing program administered by the
State Department of Health Services, as specified, upon
referral by a physician and under general terms and
conditions applicable to all benefits. This bill would impose a
state-mandated local program by changing the definition of an
existing crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1367.54 is added to the Health and Safety Code,
to read:
1367.54. Every group health care service plan contract, except
for a specialized health care service plan contract, that is issued,
amended, renewed, or delivered on or after January 1, 1999, and every
individual health care service plan contract of a type and form
first offered for sale on or after January 1, 1999, except a
specialized health care service plan contract, shall provide coverage
for all of the following, under general terms and conditions
applicable to all benefits:
(a) Advanced services Services
relating to breast-feeding and lactation provided by qualified health
care professionals, including, but not limited to,
certified lactation consultants, clinical nurse specialists, or
family nurse practitioners, upon referral by a physician.
on referral by a primary care provider.
(b) Fees for participation in the statewide
Participation in the state prenatal diagnostic testing
program administered by the State Department of Health Services
, upon referral by a physician .
SEC. 2. Section 10123.184 is added to the Insurance Code,
immediately following Section 10123.18, to read:
10123.184. Every group policy of disability insurance that covers
hospital, medical, or surgical expenses that is issued, amended,
renewed, or delivered on or after January 1, 1999, and every
individual policy of disability insurance that covers hospital,
medical, or surgical expenses that is of a type and form first
offered for sale on or after January 1, 1999, shall provide coverage
for the following, under general terms and conditions applicable to
all benefits:
(a) Advanced services Services
relating to breast-feeding and lactation provided by qualified health
care professionals, including, but not limited to,
certified lactation consultants, clinical nurse specialists, or
family nurse practitioners, upon referral by a physician.
on referral by a primary care provider.
(b) Fees for participation in the statewide
Participation in the state prenatal diagnostic testing
program administered by the State Department of Health Services
, upon referral by a physician .
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
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