SB 362 Virginia Senate · 2026 Regular Session

Health insurance; coverage for donor human milk, penalties.

Summary
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.
Bill status passed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Feb 2026
House of Delegates Passage
Mar 2026
Governor
Introduced Jan 13, 2026 Last action Mar 2, 2026
Floor votes · Senate Feb 4, 2026 · House of Delegates Mar 2, 2026

How they voted

390
Passed
Total votes 39
Feb 4, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
8
Committee
10
Mar 2, 2026
House Of Delegates · Passed
House of Delegates Vote: pass (21-0)
house of delegates
Feb 27, 2026
Committee
Assigned HAPP sub: Health & Human Resources
lower
Feb 26, 2026
Lower · Passed
Reported from Labor and Commerce with amendment(s) and referred to Appropriations (21-Y 0-N)
lower
Feb 24, 2026
Lower · Passed
Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
lower
Feb 24, 2026
Lower · Passed
House subcommittee offered
lower
Feb 17, 2026
Committee
Assigned HCL sub: Subcommittee #1
lower
Feb 12, 2026
Committee
Referred to Committee on Labor and Commerce
lower
Feb 6, 2026
Upper · Passed
Read third time and passed Senate (40-Y 0-N 0-A)
upper
Feb 4, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Feb 3, 2026
Upper · Passed
Reported from Finance and Appropriations (14-Y 0-N)
upper
Jan 29, 2026
Upper · Passed
Reported from Education and Health and rereferred to Finance and Appropriations (15-Y 0-N)
upper
Jan 27, 2026
Committee
Assigned Education sub: Health
upper
Jan 13, 2026
Committee
Referred to Committee on Education and Health
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jennifer Carroll Foy
Jennifer Carroll Foy
DDemocratic
VA
33