Illinois Code § 305 ILCS 5/5-40

Human breast milk coverage.
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(a) Notwithstanding any other provision of this Act, pasteurized donated human breast milk, which may include human milk fortifiers if indicated by a prescribing licensed medical practitioner, shall be covered under a health plan for persons who are otherwise eligible for coverage under this Act if the covered person is an infant under the age of 6 months, a licensed medical practitioner prescribes the milk for the covered person, and all of the following conditions are met:
 
 
(1) the milk is obtained from a human milk bank that 
 
meets quality guidelines established by the Human Milk Banking Association of North America or is licensed by the Department of Public Health;
 
 
(2) the infant's mother is medically or physically 
 
unable to produce maternal breast milk or produce maternal breast milk in sufficient quantities to meet the infant's needs or the maternal breast milk is contraindicated;
 
 
(3) the milk has been determined to be medically 
 
necessary for the infant; and
 
 
(4) one or more of the following applies:
 
 
 
(A) the infant's birth weight is below 1,500 
 
 
grams;
 
 
 
(B) the infant has a congenital or acquired 
 
 
condition that places the infant at a high risk for development of necrotizing enterocolitis;
 
 
 
(C) the infant has infant hypoglycemia;
 
 
 
(D) the infant has congenital heart disease;
 
 
 
(E) the infant has had or will have an organ 
 
 
transplant;
 
 
 
(F) the infant has sepsis; or
 
 
 
(G) the infant has any other serious congenital 
 
 
or acquired condition for which the use of donated human breast milk is medically necessary and supports the treatment and recovery of the infant.
 
(b) Notwithstanding any other provision of this Act, pasteurized donated human breast milk, which may include human milk fortifiers if indicated by a prescribing licensed medical practitioner, shall be covered under a health plan for persons who are otherwise eligible for coverage under this Act if the covered person is a child 6 months through 12 months of age, a licensed medical practitioner prescribes the milk for the covered person, and all of the following conditions are met:
 
 
(1) the milk is obtained from a human milk bank that 
 
meets quality guidelines established by the Human Milk Banking Association of North America or is licensed by the Department of Public Health;
 
 
(2) the child's mother is medically or physically 
 
unable to produce maternal breast milk or produce maternal breast milk in sufficient quantities to meet the child's needs or the maternal breast milk is contraindicated;
 
 
(3) the milk has been determined to be medically 
 
necessary for the child; and
 
 
(4) one or more of the following applies:
 
 
 
(A) the child has spinal muscular atrophy;
 
 
 
(B) the child's birth weight was below 1,500 
 
 
grams and he or she has long-term feeding or gastrointestinal complications related to prematurity;
 
 
 
(C) the child has had or will have an organ 
 
 
transplant; or
 
 
 
(D) the child has a congenital or acquired 
 
 
condition for which the use of donated human breast milk is medically necessary and supports the treatment and recovery of the child.
 
(c) Notwithstanding any other provision of this Act,
pasteurized donated human breast milk, which may include human
milk fortifiers if indicated by a prescribing licensed medical
practitioner, shall be covered under a health plan for persons
who are otherwise eligible for coverage under this Act if the
covered person is a child 12 months of age or older, a licensed
medical practitioner prescribes the milk for the covered
person, and all of the following conditions are met:
 
 
(1) the milk is obtained from a human milk bank that 
 
meets quality guidelines established by the Human Milk Banking Association of North America or is licensed by the Department of Public Health;
 
 
(2) the child's mother is medically or physically 
 
unable to produce maternal breast milk or produce maternal breast milk in sufficient quantities to meet the child's needs or the maternal breast milk is contraindicated;
 
 
(3) the milk has been determined to be medically 
 
necessary for the child; and
 
 
(4) the child has spinal muscular atrophy.

meets quality guidelines established by the Human Milk Banking Association of North America or is licensed by the Department of Public Health;
unable to produce maternal breast milk or produce maternal breast milk in sufficient quantities to meet the infant's needs or the maternal breast milk is contraindicated;
necessary for the infant; and
grams;
condition that places the infant at a high risk for development of necrotizing enterocolitis;
transplant;
or acquired condition for which the use of donated human breast milk is medically necessary and supports the treatment and recovery of the infant.
meets quality guidelines established by the Human Milk Banking Association of North America or is licensed by the Department of Public Health;
unable to produce maternal breast milk or produce maternal breast milk in sufficient quantities to meet the child's needs or the maternal breast milk is contraindicated;
necessary for the child; and
grams and he or she has long-term feeding or gastrointestinal complications related to prematurity;
transplant; or
condition for which the use of donated human breast milk is medically necessary and supports the treatment and recovery of the child.
meets quality guidelines established by the Human Milk Banking Association of North America or is licensed by the Department of Public Health;
unable to produce maternal breast milk or produce maternal breast milk in sufficient quantities to meet the child's needs or the maternal breast milk is contraindicated;
necessary for the child; and

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