An Act Concerning MaineCare Coverage for Donor Breast Milk
Maine Legislature, Session 130, LD 0085
Committee Amendment CA_A_H45 (House)

COMMITTEE AMENDMENT "fl" to H.P. 51, L.D. 85, "An Act Concerning 
MaineCare Coverage for Donor Breast Milk" 
Amend the bill in section 1 in §3174-FFF by striking out all of subsection 1 (page 1, 
lines 4 to 12 in L.D.) and inserting the following: 
'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 
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 ofless 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.' 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT "A "to H.P. 51, L.D. 85 
Amend the bill in section 2 in the last line (page 1, line 20 in L.D.) by inserting after 
the following: "coverage" the following: 'consistent with this Act' 
Amend the bill in section 2 in the last line (page 1, line 20 in L.D.) by striking out the 
following: "medically necessary" 
Amend the bill by inserting after section 2 the following: 
'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 
$157,872 
$157,522 
GENERAL FUND TOTAL 
$157,872 
$157,522 
FEDERAL EXPENDITURES FUND 
2021-22 
2022-23 
All Other 
$279,690 
$280,040 
FEDERAL EXPENDITURES FUND TOTAL 
$279,690 
$280,040 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment amends the bill to change the criteria by which an infant receiving 
MaineCare benefits may receive pasteurized donor breast milk to be consistent with the 
current coverage of donor breast milk under the federal TRICARE program providing 
health insurance to uniformed service members and their families. The amendment also 
adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
( 
Approved: 03/11/21 ;:1.;7ac:.. 
LD85 
LR 662(02) 
An Act Concerning MaineCare Coverage for Donor Breast Milk 
Fiscal Note for Bill as Amended by Committee Amendment ,jf,{f{ ,,.q~) 
. 
Committee: Health and Human Services 
Net Cost (Savings) 
General Fund 
\.ppropriations/ Allocations 
General Fund 
Federal Expenditures Fund 
Revenue 
Federal Expenditures Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY 2022-23 
$157,872 
$157,872 
$279,690 
$279,690 
$157,522 
$157,522 
$280,040· 
$280,040 
Projections 
FY 2023-24 
$157,522 
$157,522 
$280,040 
$280,040 
Projections 
FY2024-25 
$157,522 
$157,522 
$280,040 
$280,040 
The bill includes General Fund appropriations to the Department of Health and Human Services of $157,872 
beginning in fiscal year 2021-22 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. Federal Expenditures Fund allocations are also included for the FMAP 
match. 
LR0662(02) - Fiscal Note - Page 1 of 1