Kansas Statutes 39-7,121g. Donor human breast milk; hospital eligible for reimbursement, when; rules and regulations; federal waiver
Terms Used In Kansas Statutes 39-7,121g
- Assistance: includes such items or functions as the giving or providing of money, food assistance, food, clothing, shelter, medicine or other materials, the giving of any service, including instructive or scientific. See Kansas Statutes 39-702
- Department: means the department of health and environment. See Kansas Statutes 39-7,116
- Donor: The person who makes a gift.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Medical assistance: means the payment of all or part of the cost of necessary: (1) Medical, remedial, rehabilitative or preventive care and services that are within the scope of services to be provided under a medical care plan developed by the secretary pursuant to this act and furnished by health care providers who have a current approved provider agreement with the secretary; and (2) transportation to obtain care and services that are within the scope of services to be provided under a medical care plan developed by the secretary pursuant to this act. See Kansas Statutes 39-702
- Recipient: means a person who has received assistance under the terms of this act. See Kansas Statutes 39-702
(a) The department of health and environment shall reimburse a medical care facility for prescribed medically necessary donor human breast milk provided to a recipient of medical assistance under the Kansas program of medical assistance if:
(1) Such recipient is:
(A) An infant under the age of three months;
(B) critically ill; and
(C) in the neonatal intensive care unit of the hospital;
(2) a person licensed to practice medicine and surgery orders the donor human breast milk for the recipient;
(3) the department determines that the donor human breast milk is medically necessary for the recipient;
(4) the parent or legal guardian of the recipient signs and dates an informed consent form indicating the risks and benefits of using banked donor human breast milk; and
(5) the donor human breast milk is obtained from a donor human breast milk bank that meets the quality requirements established by the department of health and environment.
(b) An electronic prior authorization system that uses the best medical evidence and care and treatment guidelines consistent with national standards shall be used by the department to determine medical necessity.
(c) The department shall promulgate rules and regulations necessary to implement the provisions of this section prior to July 1, 2016.
(d) The department shall implement and administer the provisions of this section in a manner consistent with applicable federal laws and regulations. The department shall seek any necessary approvals of the federal government that are required for the implementation of this section.
(e) As used in this section:
(1) “Department” means the department of health and environment.
(2) “Medical care facility” shall mean the same as in Kan. Stat. Ann. § 65-425, and amendments thereto.