Health insurance; coverage for donor human milk. (SB499)

Introduced By

Sen. Jennifer Carroll Foy (D-Woodbridge)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Donor human milk banks, health insurance; coverage for donor human milk; penalty; emergency. 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 directs 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. The bill also directs the Commissioner to implement and enforce numerous regulations relating to the issuance, renewal, denial, suspension, and revocation of such licenses. The bill specifies procedures relating to disciplinary actions, application fees, and inspections and interviews related to such donor human milk banks. The bill requires health insurers, corporations providing health care coverage subscription contracts, and health maintenance organizations to provide coverage for expenses incurred in the provision of pasteurized donor human milk. The bill specifies that the requirement applies if the covered person is an infant younger than the age of six months and a licensed medical practitioner has issued an order for such infant who satisfies certain criteria enumerated in the bill. The bill applies to policies, contracts, and plans delivered, issued for delivery, or renewed on or after January 1, 2026. The bill also requires 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. The bill specifies that certain provisions will not become effective until the State Board promulgates regulations for the licensure of donor human milk banks and directs the State Board to adopt emergency regulations to implement certain provisions of the bill. Read the Bill »


According to the fiscal impact statement, the estimated costs associated with the proposed legislation are as follows: - Virginia Department of Health: - Initial one-time cost in fiscal year 2025: $425,000 - Annual cost after implementation: $45,000 - Department of Medical Assistance Services: - Costs in fiscal year 2025: $254,275 (General fund) and $745,725 (Nongeneral) - Costs in fiscal year 2026: $4,129,996 (General fund) and $4,498,733 (Nongeneral) - Costs in fiscal year 2027: $4,399,582 (General fund) and $4,792,388 (Nongeneral) - Costs from fiscal year 2028 to 2030: $45,000 annually (General fund) - Department of Human Resource Management: - Annual fiscal impact on the state health insurance plan: $460,000 - Approximately half supported by the general fund - Other costs estimated by DMAS for one-time changes to Medicaid Enterprise Systems in FY 2025: $1.0 million, with $0.3 million from the general fund Therefore, the total estimated costs of the legislation are expected to be substantial, impacting multiple agencies and funds.

Summary generated automatically by OpenAI.


Bill Has Failed


01/09/2024Prefiled and ordered printed; offered 01/10/24 24104909D
01/09/2024Referred to Committee on Education and Health
01/26/2024Assigned Education and Health Sub: Health
02/06/2024Senate subcommittee amendments and substitutes offered
02/08/2024Impact statement from DPB (SB499)
02/08/2024Reported from Education and Health with substitute (15-Y 0-N) (see vote tally)
02/08/2024Rereferred to Finance and Appropriations
02/08/2024Committee substitute printed 24106675D-S1
02/12/2024Reported from Finance and Appropriations with substitute (15-Y 0-N) (see vote tally)
02/12/2024Impact statement from VCSC (SB499S1)
02/12/2024Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/12/2024Committee substitute printed 24107422D-S2
02/13/2024Read second time
02/13/2024Committee substitute rejected 24106675D-S1
02/13/2024Reading of substitute waived
02/13/2024Committee substitute agreed to 24107422D-S2
02/13/2024Engrossed by Senate - committee substitute SB499S2
02/13/2024Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/13/2024Passed Senate (40-Y 0-N) (see vote tally)
02/14/2024Impact statement from VCSC (SB499S2)
02/16/2024Placed on Calendar
02/16/2024Read first time
02/16/2024Referred to Committee on Labor and Commerce
02/16/2024Impact statement from DPB (SB499S2)
02/19/2024Assigned L & C sub: Subcommittee #1
02/20/2024Subcommittee recommends reporting (7-Y 0-N)
02/20/2024Subcommittee recommends referring to Committee on Appropriations
02/22/2024Reported from Labor and Commerce (22-Y 0-N) (see vote tally)
02/22/2024Referred to Committee on Appropriations
02/23/2024Assigned App. sub: Compensation and Retirement
02/28/2024Tabled in Appropriations (22-Y 0-N) (see vote tally)

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