SB 1186: Health insurance; coverage for donor human milk, penalty. - Virginia

Labor and Commerce Subcommittee Substitute → Labor and Commerce Substitute · 8 edits

MODERATE

This bill adds new regulations for donor human milk banks in Virginia, requiring licensing, inspections, and penalties for unlicensed operation. It also mandates health insurance coverage for pasteurized donor human milk for eligible infants in state employee plans and Medicaid programs. The changes establish a regulatory framework to ensure safe milk banking practices and expand access to donor human milk for vulnerable infants.

Scope change

The bill expands regulatory oversight to include donor human milk banks as a new category of regulated entity, while also extending coverage requirements to include donor human milk in state employee health plans and Medicaid programs.

REQUIREMENT

New Article 9 creates a licensing system for donor human milk banks with biennial renewal requirements and inspection protocols

Mandates confidentiality protections for complainants and prohibits retaliation against those who report violations

Establishes different disciplinary procedures for privately operated versus government-operated donor human milk banks

ENFORCEMENT

Establishes Class 6 felony penalties for operating unlicensed donor human milk banks and monetary penalties up to $1,000 per violation per day

FISCAL

Creates the Donor Human Milk Bank Fund to support licensure, inspection programs, and breastfeeding initiatives

ELIGIBILITY

Requires health insurance coverage for donor human milk for infants under six months who lack maternal breast milk access and meet specific medical criteria

TIMELINE

Sets effective date of July 1, 2026, contingent on promulgation of licensing regulations by the State Board of Health

DEFINITION

Defines key terms including 'corrected age,' 'donor human milk bank,' 'express,' 'purchaser,' and 'satellite milk depot'

Finance and Appropriations Substitute → Labor and Commerce Subcommittee Substitute · 5 edits

MODERATE

The bill was amended from a Senate Finance and Appropriations substitute to a Labor and Commerce Subcommittee substitute, primarily changing the committee attribution and adding numerous blank lines and page markers for formatting. The substantive legislative content regarding donor human milk banks, health insurance coverage requirements, and state employee benefits remains unchanged in meaning, though some section numbering references were updated to reflect the new committee's version. No significant policy changes, funding adjustments, or eligibility modifications were made.

Scope change

The bill's scope and applicability remain unchanged; only the procedural attribution was modified from Senate Finance and Appropriations to House Labor and Commerce.

TECHNICAL

Committee attribution changed from Senate Committee on Finance and Appropriations to House Committee on Labor and Commerce

Multiple blank lines and page markers were added for formatting purposes

Section numbering references updated from 32.1-162.15:12 through 32.1-162.15:21 to 32.1-162.15:12 through 32.1-162.15:22 to reflect the new committee version

Date header 'OFFERED FOR CONSIDERATION 2/11/2025' was removed from the top of the document

Page numbers and draft status markers were added throughout the document for formatting

Education and Health Substitute → Finance and Appropriations Substitute · 3 edits

MINOR

The bill was transferred from the Senate Committee on Education and Health to the Senate Committee on Finance and Appropriations, indicating a shift in legislative focus from education/health policy to budgetary and fiscal oversight. The substantive content of the bill remains largely unchanged, with the primary difference being the committee assignment and minor formatting adjustments in the document layout.

Scope change

The bill's scope and applicability remain unchanged; only the legislative committee handling the bill changed from Education and Health to Finance and Appropriations.

TIMELINE

Committee assignment changed from Senate Committee on Education and Health to Senate Committee on Finance and Appropriations, dated January 29, 2025 instead of January 23, 2025.

TECHNICAL

Document formatting and spacing were adjusted, with additional blank lines and spacing changes throughout the text.

Bill number and amendment identifier changed from 25105569D to 25106402D.

Introduced → Education and Health Substitute · 7 edits

MODERATE

This bill introduces new regulations for donor human milk banks in Virginia and requires health insurance coverage for pasteurized donor human milk for infants under 12 months who lack access to their mother's breast milk and meet specific medical criteria. The bill also amends existing health insurance provisions for state employees and Medicaid recipients to include donor human milk coverage.

Scope change

The bill expands coverage requirements to include donor human milk for eligible infants in both state employee health plans and private insurance/Medicaid policies, and establishes a new regulatory framework for donor human milk banks in Virginia.

REQUIREMENT

New Article 9 establishes licensing requirements, inspection procedures, and disciplinary actions for donor human milk banks operating in Virginia

New section requires health insurance coverage for pasteurized donor human milk for infants under 12 months who lack maternal breast milk access and meet specific medical criteria

FISCAL

Establishes a new Donor Human Milk Bank Fund to support licensure, inspection, and breastfeeding support programs

DEFINITION

Added definitions for key terms including 'corrected age,' 'donor human milk bank,' 'express,' 'purchaser,' and 'satellite milk depot'

ENFORCEMENT

Establishes civil penalties up to $1,000 per violation per day (capped at $25,000) for unlicensed donor human milk banks

TIMELINE

New donor human milk coverage requirements apply to policies delivered, issued, or renewed on or after January 1, 2027

ELIGIBILITY

Specifies medical criteria for infant eligibility including birth weight, gestation age, and specific health conditions like necrotizing enterocolitis risk, failure-to-thrive, and congenital heart disease

Health insurance; coverage for donor human milk, penalty.

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