APPROVED CHAPTER
MAY 3, 2022 708
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
H.P. 51 - L.D. 85
An Act Concerning MaineCare Coverage for Donor Breast Milk
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §3174-III is enacted to read:
§3174-III. Reimbursement for donor breast milk
1. Reimbursement. The department shall provide reimbursement under the
MaineCare program for pasteurized donor breast milk provided to an infant receiving
benefits under this chapter 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 mother 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.
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 2. Rulemaking. The department shall adopt rules to implement this section. Rules
adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter
375, subchapter 2-A.
Sec. 2. Medicaid state plan amendment or waiver. The Department of Health
and Human Services shall prepare and submit a Medicaid state plan amendment or waiver
as necessary to the United States Department of Health and Human Services, Centers for
Medicare and Medicaid Services no later than January 1, 2023 that provides or requests, as
appropriate, Medicaid coverage consistent with this Act for donor breast milk for infants.
Sec. 3. Appropriations and allocations. The following appropriations and
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Provides appropriations and allocations to the Department of Health and Human
Services to provide reimbursement under the MaineCare program for pasteurized donor
breast milk provided to an infant if a physician, physician assistant or advanced practice
registered nurse signs an order stating that such milk is necessary.
GENERAL FUND 2021-22 2022-23
All Other $0 $157,872
__________ __________
GENERAL FUND TOTAL $0 $157,872
FEDERAL EXPENDITURES FUND 2021-22 2022-23
All Other $0 $279,690
__________ __________
FEDERAL EXPENDITURES FUND TOTAL $0 $279,690
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