§1059.5. Required coverage for lactation support services; reimbursement discrimination prohibited; definitions

            A. The legislature hereby finds and affirms all of the following:

            (1) Louisiana has one of the highest maternal and infant mortality rates in the United States and has a compelling interest and obligation to promote practices that improve maternal and infant health outcomes.

            (2) Breastfeeding for all infants starting at birth and continuing until at least six months of age has been recommended by the World Health Organization and the American Academy of Pediatrics, and the health benefits to infants and mothers have been demonstrated in many studies. Dedicated lactation consultants may play a role in providing education and support to pregnant women and new mothers to improve breastfeeding outcomes.

            B.(1) Any health coverage plan delivered or issued for delivery in this state that provides benefits for maternity services shall include coverage for postpartum services provided by a qualified lactation care provider.

            (2) The coverage provided for in this Section is considered a preventive benefit under the Affordable Care Act. A covered person who utilizes this benefit shall not be subject to annual deductibles, coinsurance, and copayments consistent with those established under the health coverage plan.

            (3) A qualified lactation care provider shall be recognized as an individual who has achieved and maintained his certification requirements for a breastfeeding counselor, lactation consultant, certified breastfeeding specialist, certified lactation counselor, certified lactation educator, or another recognized certification from a program that is accredited by a nationally recognized accreditation agency.

            C. Terminology in any health coverage plan policy or contract deemed discriminatory against a qualified lactation care provider or his services is void and unenforceable.

            D. For purposes of this Section, the following definitions apply:

            (1) "Breastfeeding counselor" means an individual who is qualified to provide breastfeeding counseling, address normal breastfeeding in a healthy term infant, and conduct maternal and infant assessments of anatomy, latch, and positioning, while providing support to the mother.

            (2) "Certified breastfeeding specialist" means an individual who has been certified by a nationally recognized accreditation agency that signifies an individual's specialized expertise in breastfeeding support. This certification includes specialized knowledge and skills that are essential for supporting a breastfeeding mother and her infant.

            (3) "Certified lactation counselor" means an individual who has a certification that indicates a foundational level of knowledge and competence in lactation support and management. A certified lactation counselor is certified by the Academy of Lactation Policy and Practice.

            (4) "Certified lactation consultant" means an individual who is qualified to provide breastfeeding counseling, address normal breastfeeding in a healthy term infant, and conduct maternal and infant assessments of anatomy, latch, and positioning, while providing support to the mother and infant. A certified lactation consultant is certified by the International Board of Lactation Consultant Examiners to address the full range of breastfeeding care, particularly high acuity breastfeeding situations.

            (5) "Certified lactation educator" means an individual who is certified by the Childbirth and Postpartum Professional Association. A certified lactation educator provides education and support on breastfeeding basics, addresses common challenges, and employs strategies to assist a breastfeeding mother and infant.

            (6) "Health coverage plan" means any hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract, or other agreement with a health maintenance organization or a preferred provider organization, health and accident insurance policy, or any other insurance contract of this type in this state, including a group insurance plan, a self-insurance plan, and the Office of Group Benefits programs. "Health coverage plan" does not include a plan providing coverage for excepted benefits as defined in R.S. 22:1061, limited benefit health insurance plans, and short-term policies that have a term of less than twelve months.

            (7) "Nationally recognized accreditation agency" means the National Commission for Certifying Agencies and the American National Standards Institute.

            (8) "Qualified lactation care provider" means an individual who meets the certification requirements for a breastfeeding counselor, certified lactation consultant, certified breastfeeding specialist, certified lactation counselor, certified lactation educator, or another recognized certification from a program that is accredited by a nationally recognized accreditation agency.

            Acts 2024, No. 762, §1.