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Subcommittee clears bill to license donor human milk banks and require insurer coverage for pasteurized donor milk in specified cases

2136767 · January 21, 2025
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Summary

The subcommittee reported SB 1186, a bill to license donor human milk banks and require health insurers to cover pasteurized donor milk when the Department of Health determines it medically necessary for high‑risk infants.

The subcommittee reported SB 1186, which would license donor human milk banks in Virginia, set standards for their operation and require insurers — including Medicaid and state employee plans — to cover pasteurized donor human milk and human‑milk‑derived products when medically necessary.

Sponsor and stakeholders: Sen. Suterline (presenting) said donor human milk is critical for very low birth‑weight infants and others who cannot receive their mother’s milk. Bryant Thomas of Children’s Hospital of The King’s Daughters (CHKD) testified that CHKD operates the only nonprofit milk bank in the Commonwealth; he and other supporters said current out‑of‑pocket costs for pasteurized donor milk can be prohibitive (reported at $3.50–$5 per ounce) and that insurance coverage would improve equitable access for high‑risk infants.

Substitute and scope: Committee counsel described a substitute that delayed the bill’s effective date by one year and narrowed the enumerated diagnoses that automatically trigger coverage, instead authorizing coverage when the Department of Health determines pasteurized donor human milk is medically necessary for a health condition that places an infant at high risk (examples listed in the draft include necrotizing enterocolitis and bronchopulmonary dysplasia). The substitute also clarifies which entities are excluded from regulation and retains licensure and regulation for institutional milk‑bank operations.

Testimony: CHKD and professional organizations supported the bill. No organized opposition appeared during the hearing. The subcommittee voted to report the substitute.

Why it matters: The bill would make pasteurized donor human milk more affordable and regulated, potentially expanding access for vulnerable infants in neonatal intensive care units and other medically indicated settings.

Next steps: The subcommittee reported the substitute to the next committee; sponsors said rulemaking and licensure details will be handled by the Department of Health.