APPROVED CHAPTER
JUNE 20, 2023 229
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 126 - L.D. 267
An Act to Require Private Insurance Coverage for Donor Breast Milk
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24-A MRSA §4320-V is enacted to read:
§4320-V. Coverage for donor breast milk
1. Required coverage. A carrier offering a health plan in this State shall provide
coverage for pasteurized donor breast milk provided to an infant eligible for coverage under
the health plan if a physician or physician assistant licensed under Title 32, chapter 36 or
48 or an advanced practice registered nurse licensed under Title 32, chapter 31 signs an
order stating that:
A. The infant is medically or physically unable to receive maternal breast milk or
participate in breastfeeding or the infant's parent is medically or physically unable to
produce maternal breast milk in quantities sufficient for the infant; and
B. The infant:
(1) Was born at a birth weight of less than 1,500 grams;
(2) Has a gastrointestinal anomaly or metabolic or digestive disorder or is
recovering from intestinal surgery and the infant's digestive needs require
additional support;
(3) Is not appropriately gaining weight or growing;
(4) Has formula intolerance and is experiencing weight loss or difficulty feeding;
(5) Has low blood sugar;
(6) Has congenital heart disease;
(7) Has received or will receive an organ transplant; or
(8) Has another serious medical condition for which donor breast milk is medically
necessary.
Sec. 2. Application. The requirements of this Act apply to all policies, contracts and
certificates executed, delivered, issued for delivery, continued or renewed in this State on
Page 1 - 131LR0364(03)
or after January 1, 2024. For purposes of this Act, all policies, contracts and certificates are
deemed to be renewed no later than the next yearly anniversary of the contract date.
Sec. 3. Exemption from mandate review. Notwithstanding the Maine Revised
Statutes, Title 24-A, section 2752, this Act is enacted without review and evaluation by the
Department of Professional and Financial Regulation, Bureau of Insurance.
Page 2 - 131LR0364(03)