Massachusetts § 10T Coverage for the provision of medically necessary pasteurized donor human milk and donor human milk-derived products

Massachusetts Statutes

§ 10T — Coverage for the provision of medically necessary pasteurized donor human milk and donor human milk-derived products

Massachusetts § 10T

Part IADMINISTRATION OF THE GOVERNMENT

Title XVIIPUBLIC WELFARE

Ch. 118EDIVISION OF MEDICAL ASSISTANCE

This text of Massachusetts § 10T (Coverage for the provision of medically necessary pasteurized donor human milk and donor human milk-derived products) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mass. Gen. Laws ch. 118E, § 10T (2026).

Text

[ Text of section added by 2024, 186, Sec. 41 effective November 21, 2024.]Section 10T.

(a)The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for the provision of medically necessary pasteurized donor human milk and donor human milk-derived products; provided, however, that:

(i)the milk is obtained from a human milk bank that meets quality guidelines established by the department of public health;

(ii)a licensed medical practitioner has issued a written order for the provision of such human breast milk or donor human milk-derived products for the covered infant; and(iii

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[ Text of section added by 2024, 186, Sec. 41 effective November 21, 2024.]Section 10T. (a) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall provide coverage for the provision of medically necessary pasteurized donor human milk and donor human milk-derived products; provided, however, that:(i) the milk is obtained from a human milk bank that meets quality guidelines established by the department of public health;(ii) a licensed medical practitioner has issued a written order for the provision of such human breast milk or donor human milk-derived products for the covered infant; and(iii) the covered infant is:(1) under the age of 6 months;(2) undergoing treatment in an inpatient setting for a congenital or acquired condition that places the infant at a high risk for development of necrotizing enterocolitis or a congenital or acquired condition that may benefit from the use of such human breast milk as determined by the department of public health; and(3) medically or physically unable to receive maternal breast milk or participate in breastfeeding or whose mother is medically or physically unable, despite receiving lactation support, to produce maternal breast milk in sufficient quantities or caloric density.(b) If an inpatient stay is reimbursed through a diagnosis related group or other bundled payment arrangement, the commission shall include the cost of reimbursement provided under subsection (a) for donor human milk and donor human milk-derived products in the development of the reimbursement rate for such diagnosis related group or bundled payment.