Woops - forgot to include a copy of the legislation - here it is:

California legislature—2009–10 regular session
ASSEMBLY BILL No. 513
Introduced by Assembly Member De Leon
February 24, 2009
An act to add Section 1367.625 to the Health and Safety Code, and to add
Section 10123.875 to the Insurance Code, relating to health care coverage.

Legislative counsel’s digest AB 513, as introduced, De Leon. Health care
coverage: breast-feeding.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975
(Knox-Keene Act), provides for the licensure and regulation of health care
service plans by the Department of Managed Health Care and makes a willful
violation of that act a crime. Existing law also provides for the regulation
of health insurers by the Department of Insurance.

Under existing law, health care service plans and health insurers are
required to offer specified types of coverage as part of their health care
service plan contracts or health insurance policies. Existing law imposes
specified requirements upon a health care service plan contract or health
insurance policy that provides maternity coverage.
This bill would require a health care service plan and a health insurer to
include coverage for lactation consultation and for the rental of breast
pumps as part of their health care service plan contracts or health
insurance policies that provide maternity coverage.
Because this bill would specify additional requirements under the Knox-Keene
Act, the willful violation of which would be a crime, it would impose a
state-mandated local program.

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. The Legislature finds and declares the following:
(a) Breast-feeding significantly reduces children’s risk for chronic
diseases, such as diabetes, asthma, allergies, and infections in the
gastrointestinal, urinary, and respiratory tracts. Breast-fed
children have fewer visits to the doctor’s office, fewer days of
hospitalization, and take fewer medications than children who were
formula-fed. Research provides strong evidence that breast-feeding decreases
the incidence or severity of diarrhea, lower respiratory infection, otitis
media, bacteremia, bacterial meningitis, botulism, and necrotizing
enterocolitis. There are a number of studies that show a possible protective
effect of exclusive breast-feeding against sudden infant death syndrome
(SIDS), insulin-dependent diabetes mellitus, Crohn’s disease, ulcerative
colitis, lymphoma, allergic diseases, and other chronic digestive diseases.
Breast-feeding has also been related to possible enhancement of cognitive
development and a decreased chance of obesity in childhood and adulthood.
Studies show that breast-feeding also reduces the mother’s risk for type 2
diabetes and breast and ovarian cancers.
(b) All major health organizations recommend that babies get no other food
or drink besides breast milk for the first six months of their life, with
continued breast-feeding for at least the first one
to two years of life, as long as it is mutually desired. Exclusive
breast-feeding for three months has been shown to reduce health care costs
for infants in the first year of life alone by up to four
hundred seventy-five dollars ($475), compared to nonbreast-fed infants.


(c) Lactation consultation provided by an international board certified
lactation consultant (IBCLC) has been shown to help women address the
difficulties with breast-feeding and can assist with the initiation and
continuance of breast-feeding.
(d) Therefore, it is essential to clarify that all health coverage made
available to California consumers that provides maternity coverage, whether
issued by health care service plans regulated
by the Department of Managed Health Care or by health insurers regulated by
the Department of Insurance, shall include coverage for lactation
consultation by an international board certified
lactation consultant (IBCLC) and coverage for the rental of breast pumps.
SEC. 2. Section 1367.625 is added to the Health and Safety Code, to read:
1367.625. Every health care service plan contract, except a specialized
health care service plan contract, that provides maternity coverage, and
that is issued, amended, renewed, or delivered on or after January 1, 2010,
shall provide coverage for lactation consultation with an international
board certified lactation consultant (IBCLC) and for the rental of breast pumps.
SEC. 3. Section 10123.875 is added to the Insurance Code, to read:
10123.875. Every policy of health insurance that provides maternity
coverage, and that is issued, amended, renewed, or delivered on or after
January 1, 2010, shall provide coverage for lactation consultation with an
international board certified lactation consultant (IBCLC) and for the
rental of breast pumps.
SEC. 4. 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 XIII B of the California Constitution.

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