An Act to Require MaineCare to Reimburse for Lactation Services
Maine Legislature, Session 132, LD 0865
Committee: Health and Human Services
Sponsors: BOYER, CARNEY
Amends: 22 MRSA §3174-P

Legislative Document
No. 865
H.P. 551
House of Representatives, March 4, 2025
An Act to Require MaineCare to Reimburse for Lactation Services 
in the Homes of Eligible Persons
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BOYER of Cape Elizabeth.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: CLOUTIER of Lewiston, MILLIKEN of Blue Hill.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3174-PPP is enacted to read:
§3174-PPP.  Reimbursement for lactation services
1.  Definition.  For the purposes of this section, "lactation services" means educational 
or consultation services related to breastfeeding.
2.  Reimbursement.  The department shall provide reimbursement under the 
MaineCare program for lactation services provided in a hospital or in the home of the 
person eligible for the program.  Lactation services may be provided by a health care 
professional licensed under Title 32 acting within the health care professional's authorized 
scope of practice or by a consultant or counselor who is certified by a national organization 
that provides a national certification program in lactation consulting or lactation counseling 
and is approved by the department.
3.  Eligibility for parents of covered children.  The parent breastfeeding a child who 
is eligible for coverage under the MaineCare program established in section 3174-G, 
subsection 1, paragraph B or the Children's Health Insurance Program established in section 
3174-T, is eligible for services under this section even if the parent is not otherwise eligible 
for MaineCare.
4.  Rulemaking.  The department shall adopt rules to implement this section.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
Sec. 2.  State plan amendment.  No later than January 1, 2026, the Department of 
Health and Human Services shall apply to the United States Department of Health and 
Human Services, Centers for Medicare and Medicaid Services for a state plan amendment 
to implement the Maine Revised Statutes, Title 22, section 3174-PPP.  The state plan 
amendment application must allow for Medicaid reimbursement for lactation services 
provided at the hospital or at the home of eligible persons that are performed by lactation 
consultants certified by the International Board of Lactation Consultant Examiners or its 
successor organization acting within the scope of practice.
Sec. 3.  Rulemaking.  Upon approval of a state plan amendment under section 2, the 
Department of Health and Human Services shall adopt or amend rules within 6 months to 
allow for reimbursement required pursuant to the Maine Revised Statutes, Title 22, section 
3174-PPP.
SUMMARY
This bill requires the Department of Health and Human Services to reimburse for 
lactation services in hospitals and in the homes of eligible persons.  It requires the 
department to reimburse for services provided by lactation consultants certified by the 
International Board of Lactation Consultant Examiners.  The department must apply for a 
state plan amendment no later than January 1, 2026 and adopt or amend rules within 6 
months of approval.