Amended in Assembly April 5, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2589

Introduced by Assembly Member Gomez

February 19, 2016

An act to add Sections 123362 and 123363 to the Health and Safety Code, relating to lactation services.

LEGISLATIVE COUNSEL’S DIGEST

AB 2589, as amended, Gomez. Lactation services and equipment.

Existing law provides for the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) administered by the State Department of Public Health and counties, under which nutrition and other assistance is provided to eligible low-income postpartum and lactating women, infants, and children under 5 years of age.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which health care services, including breastfeeding services, are provided to qualified low-income persons. Existing law requires the State Department of Health Care Services to streamline and simplify existing Medi-Cal program procedures in order to improve access to lactation supports and breast pumps among Medi-Cal recipients.

This bill would require the State Department of Public Health to coordinate with the State Department of Health Care Services to develop processes, procedures, and an electronic interface for eligibility-related information sharing to streamline enrollment into the WIC Program, as part of the application process for Medi-Cal and health plans offered through the California Health Benefit Exchange. The bill would require the State Department of Public Health to coordinate with the State Department of Health Care Services, through a stakeholder engagement process, begin insert as specified, end insert to develop measures and outcomes for breastfeeding, as begin delete specified, and end delete begin insert specified. No later than January 1, 2018, and every 5 years thereafter, the bill would require the State Department of Public Health to coordinate with the State Department of Health Care Services, through a stakeholder engagement process, as specified, to develop and update end insert minimum begin delete required end delete breast pump and accessory equipment standards for the provision of begin insert appropriate and effective end insert breast pumps and begin delete accessories in all health plans. end delete begin insert accessories. end insert

begin delete

This bill would declare the intent of the Legislature to enact legislation relating to durable medical equipment rates for breast pumps and accessory kits, including a rate review and adjustment process, in order to ensure the continued provision of, and access to, quality breast pumps, particularly for health plans serving low-income mothers and their infants.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation relating to durable medical equipment rates for breast
pumps and accessory kits, including a rate review and adjustment
process, in order to ensure the continued provision of, and access
to, quality breast pumps, particularly for health plans serving
low-income mothers and their infants.

end delete

begin delete SEC. 2. end delete

begin insert SECTION 1. end insert   

Section 123362 is added to the Health and Safety
Code, to read:

123362.  

The State Department of Public Health shall coordinate
with the State Department of Health Care Services to develop
processes, procedures, and an electronic interface for
eligibility-related information sharing to streamline enrollment
into the California Special Supplemental Nutrition Program for
Women, Infants, and Children, known as the WIC Program, as
part of the application process for Medi-Cal and health plans
offered through the California Health Benefit Exchange established
under Title 22 (commencing with Section 100500) of the
Government Code.

begin delete

SEC. 3.  

Section 123363 is added to the Health and Safety Code,
to read:

123363.  

The State Department of Public Health shall coordinate
with the State Department of Health Care Services, through a
stakeholder engagement process, to do both of the following:

(a) Develop measures and outcomes for breastfeeding, including,
at a minimum, both of the following:

(1) Initiation, duration and exclusivity, and ethnic disparities.

(2) Nutrition, relating to chronic disease impacting women,
infants, and children, including, but not limited to, obesity, forms
of diabetes, cardiovascular disease, and hypertension.

(b) Develop minimum required breast pump and accessory
equipment standards for the provision of breast pumps and
accessories in all health plans.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 123363 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 123363. end insert   

(a) The State Department of Public Health shall
coordinate with the State Department of Health Care Services,
through a stakeholder engagement process that shall include, but
not be limited to, representatives from health care providers,
primary care clinics, and health plans, state and local staff from
the California Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC Program) and the Maternal, Child
and Adolescent Health program, and representatives from
organizations representing women, infants, and children, to do
both of the following:

(1) With respect to prenatal care, develop measures and
outcomes for breastfeeding that shall include, at a minimum,
women’s intention to breastfeed, including ethnic diversity.

(2) After birth and following discharge from the hospital or
other birthing location, develop measures and outcomes for
breastfeeding that shall include, at a minimum, initiation, duration,
exclusivity, and ethnic disparities.

(b) No later than January 1, 2018, and every five years
thereafter, the State Department of Public Health shall coordinate
with the State Department of Health Care Services, through a
stakeholder engagement process that shall include, but not be
limited to, representatives from health care providers, health plans,
and primary care clinics, lactation consultants and specialists,
state and local staff from the WIC Program, and representatives
of manufacturers and distributors of breast pumps and accessories,
to develop and update minimum breast pump and accessory
equipment standards for the provision of appropriate and effective
breast pumps and accessories, taking into account the current
reimbursement rates for durable medical equipment related to
breastfeeding, including any potential need to modify the
reimbursement rates.

end insert