,i #aaith ,,congress #ast ,session ,h4 ,r4 #defi ,,in ,,the ,,house ,,of ,,representatives ,july #ba1 #bjbe,mr4 ,mc,garvey 7for himself1 ,ms4 ,de,lauro1 and ,mr4 ,krishnamoorthi7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend titles ,,xix and ,,xxi of the ,social ,security ,act and title ,,xxvii of the ,public ,health ,service ,act to require no-cost coverage of human milk fortifier4 #a4 ,short title ,this ,act may be cited as the ,supporting ,premature ,infant ,nutrition ,act of #bjbe4 #b4 ,requiring no-cost coverage of human milk fortifier 7a7 ,coverage under ,medicaid 7#a7 ,mandatory coverage 7,a7 ,in general ,section #aijb7;a77#aj77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,a77 is amended by striking and 7#cj7 and inserting 7#cj71 and 7#cb74 7,b7 ,medically needy ,section #aijb7;a77#aj77;,c77iv7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,c77iv77 is amended by striking and 7#ag7 and inserting 7#ag71 and 7#cb74 7,c7 ,alternative benefit plans ,section #aicg7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifu-#g7;b77 is amended by adding at the end the following new paragraph3 7#i7 ,human milk fortifier ,notwithstanding the previous provisions of this section1 a ,state may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage under this section unless1 beginning on ,january #a1 #bjbf1 such coverage includes 7and does not impose any deduction1 cost sharing1 or similar charge for7 human milk fortifier described in section #aije7;a77#cb74 4 7#b7 ,inclusion as medical assistance ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#ca71 by striking and at the end2 7ii7 by redesignating paragraph 7#cb7 as paragraph 7#cc72 and 7iii7 by inserting after paragraph 7#ca7 the following new paragraph3 7#cb7 beginning ,january #a1 #bjbf1 human milk fortifier 7as described in subsection 7kk772 and 2 and 7,b7 by adding at the end the following new subsection3 7kk7 ,human milk fortifier 7#a7 ,in general ,for purposes of subsection 7a77#cb71 the term human milk fortifier means a donor human milk-derived product that is furnished to an infant under #a year of age if a specified professional determines that such donor human milk-derived product is medically necessary for the infant because-- 7,a7 the infant's gestational age at birth was #cd weeks or less2 7,b7 the infant-- 7i7 had a birth weight of less than #ahjj grams2 or 7ii7 has a body weight below healthy levels1 as determined by the specified professional2 or 7,c7 the infant has a congenital or acquired condition and such donor human milk-derived product will-- 7i7 improve such condition2 or 7ii7 aid in the recovery of the infant with respect to such condition4 7#b7 ,definitions ,for purposes of this subsection1 the following definitions apply3 7,a7 ,donor human milk-derived product ,the term donor human milk-derived product means a specialty nutritional product made from donor human milk wherein the donor human milk has been concentrated or one or more components have been removed4 7,b7 ,specified professional ,the term specified professional means a physician1 nurse practitioner1 physician's assistant1 registered dietician1 or other licensed professional authorized by ,state statute to make the determination described in paragraph 7#a74 4 7#c7 ,prohibition of cost sharing 7,a7 ,in general ,section #aiaf of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo7 is amended-- 7i7 in subsection 7a77#b7-- 7,i7 in subparagraph 7,i71 by striking at the end or2 7,,ii7 in subparagraph 7,j71 by striking at the end 2 and and inserting 1 or2 and 7,,iii7 by adding at the end the following new subparagraph3 7,k7 beginning ,january #a1 #bjbf1 human milk fortifier 7as described in section #aije7;a77#cb772 and 2 and 7ii7 in subsection 7b77#b7-- 7,i7 in subparagraph 7,i71 by striking at the end or2 7,,ii7 in subparagraph 7,j71 by striking at the end 2 and and inserting 1 or2 and 7,,iii7 by adding at the end the following new subparagraph3 7,k7 beginning ,january #a1 #bjbf1 human milk fortifier 7as described in section #aije7;a77#cb772 and 4 7,b7 ,application to alternative cost sharing ,section #aiaf;,a7b77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo-#a7;b77#c77;,b77 is amended by adding at the end the following new clause3 7xv7 ,beginning ,january #a1 #bjbf1 human milk fortifier 7as described in section #aije7;a77#cb774 4 7b7 ,coverage under the ,children's ,health ,insurance ,plan 7#a7 ,in general ,section #bajc of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7 is amended-- 7,a7 in subsection 7a71 by striking and 7#h7 and inserting 1 7#h71 and 7#ac72 and 7,b7 in subsection 7c71 by adding at the end the following new paragraph3 7#ac7 ,required coverage of human milk fortifier ,the child health assistance provided to a targeted low-income child shall include coverage of human milk fortifier 7as described in section #aije7;a77#cb774 4 7#b7 ,prohibition of cost sharing ,section #bajc7;e77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7e77#b77 is amended-- 7,a7 in the paragraph heading1 by inserting human milk fortifier1 before or pregnancy-related assistance2 and 7,b7 by inserting human milk fortifier described in section #aije7;a77#cb71 before or for pregnancy-related assistance4 7#c7 ,effective date 7,a7 ,in general ,subject to subparagraph 7,b71 the amendments made by this subsection shall apply with respect to child health assistance furnished on or after ,january #a1 #bjbf4 7,b7 ,exception if ,state legislation required ,in the case of a ,state child health plan for child health assistance under title ,,xxi of the ,social ,security ,act which the ,secretary of ,health and ,human ,services determines requires ,state legislation 7other than legislation appropriating funds7 in order for the plan to meet the additional requirement imposed by the amendments made by this subsection1 the ,state child health plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the ,state legislature that begins after the date of the enactment of this ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of such session shall be deemed to be a separate regular session of the ,state legislature4 7c7 ,coverage under group health plans and group and individual health insurance 7#a7 ,in general ,subpart ,,ii of part ,a of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#aa et seq47 is amended by adding at the end the following new section3 #bgcj4 ,no-cost coverage of human milk fortifier ,a group health plan1 and a health insurance issuer offering group or individual health insurance coverage1 shall provide coverage for1 and shall not impose any cost sharing requirements for1 human milk fortifier 7as described in section #aije7;a77kk7 of the ,social ,security ,act74 4 7#b7 ,effective date ,the amendments made by this subsection shall apply to plan years beginning on or after ,january #a1 #bjbf4