LEGISLATIVE FISCAL ESTIMATE
ASSEMBLY, No. 3008
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: MAY 6, 2024
SUMMARY
Synopsis: Requires certain health care facilities to offer lactation counseling and
consultations to persons who have given birth.
Type of Impact: Annual local expenditure increase.
Agencies Affected: University Hospital, local governments.
Office of Legislative Services Estimate
Fiscal Impact Annual
Local Cost Increase Indeterminate
 The Office of Legislative Services (OLS) concludes that to the extent that New Jersey hospitals
and licensed birthing centers hire additional lactation counselors and consultants to comply
with provisions of the bill, and subsequently increase maternity care fees because of higher
staffing costs, local governments that provide employee health benefits may face increased
costs under the bill.
 The OLS notes that State costs are unlikely to increase under the bill since the NJ FamilyCare
Program, the State Health Benefits Program, and the School Employees’ Health Benefits
Program already provide lactation counseling and consultation benefits that equal or exceed
those established pursuant to the bill.
 To the extent that University Hospital, a non-profit legal entity that is an instrumentality of the
State located in Newark, is required to hire additional lactation counselors and consultants in
order to fulfill the requirements under the bill, the facility may face higher staffing costs, albeit
of an indeterminate amount.
BILL DESCRIPTION
The bill requires every hospital that provides inpatient maternity services and every State-
licensed birthing center to offer a person who has given birth at the facility: (1) at least one in-
person, one-on-one consultation with a lactation counselor or a lactation consultant prior to
Office of Legislative Services Legislative Budget and Finance Office
State House Annex Phone (609) 847-3105
P.O. Box 068 Fax (609) 777-2442
Trenton, New Jersey 08625 www.njleg.state.nj.us
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discharge; or (2) lactation counseling or consultation with a lactation counselor or consultant
conducted remotely through live voice communication, if requested.
The bill provides a definition of “lactation consultant” and “lactation counselor,” and specifies
that a hospital that assigns a lactation consultant to lactation support duties may not reassign the
consultant to non-lactation related duties during the same hospital shift.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that, to the extent that New Jersey hospitals and licensed birthing centers
are required to hire additional lactation counselors and consultants to comply with the bill’s
requirement that such facilities provide all birthing persons with at least one in-person or remote
consultation with a lactation counselor or consultant, these facilities may shift increased staffing
costs to local governments that provide employee health benefits. Moreover, University Hospital
could potentially face higher staffing costs if the facility lacks a sufficient number of lactation
counselors or consultants to meet the requirements pursuant to the bill.
According to email communications from the United States Lactation Consultant Association,
the organization does not currently track facility-specific lactation consultant or counselor staffing
data, either nationwide or by state. The New Jersey Breastfeeding Coalition also does not track
these data for hospitals and birthing centers located in the State. Additionally, the extent to which
higher staffing costs for hospitals and birthing centers are ultimately shifted to local governments,
in the form of higher capitation rates for employee health benefits, is unclear.
State costs, by comparison, are unlikely to increase under the bill. The NJ FamilyCare program
currently covers in-person, one-on-one lactation consultation by a lactation consultant or counselor
for beneficiaries who have given birth, pursuant to P.L.2019, c.343. The lactation consultation
benefit also includes, upon the beneficiary’s request, telephonic lactation assistance in addition to,
rather than as a substitute for, in-person, individual lactation consultation. The NJ FamilyCare
program additionally covers lactation accessories, as recommended by a health care provider.
Both the State Health Benefits Program and the School Employees’ Health Benefits Program cover
two visits by a lactation consultant in either a hospital or a birthing center per birth.
Section: Human Services
Analyst: Anne Cappabianca
Senior Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).