SB3211sam002 93RD GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/4/2004

09300SB3211sam002 LRB093 21218 RXD 48545 a

AMENDMENT TO SENATE BILL 3211

AMENDMENT NO. ______. Amend Senate Bill 3211 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Right to Breastfeed Act.

Section 5. Purpose. The General Assembly finds that breast milk offers better nutrition, immunity, and digestion, and may raise a baby's IQ, and that breastfeeding offers other benefits such as improved mother-baby bonding, and its encouragement has been established as a major goal of this decade by the World Health Organization and the United Nations Children's Fund. The General Assembly finds and declares that the Surgeon General of the United States recommends that babies be fed breastmilk, unless medically contraindicated, in order to attain an optimal healthy start.

Section 10. Breastfeeding Location. A mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breastfeeding; however, a mother considering whether to breastfeed her baby in a place of worship shall comport her behavior with the norms appropriate in that place of worship.

Section 15. Private right of action. A woman who has been denied the right to breastfeed by the owner or manager of a public or private location, other than a private residence or place or worship, may bring an action to enjoin future denials of the right to breastfeed. If the woman prevails in her suit, she shall be awarded reasonable attorney's fees and reasonable expenses of litigation.

Section 90. The Illinois Insurance Code is amended by changing Section 356s as follows:

(215 ILCS 5/356s)

Sec. 356s. Post-parturition care.

(a) An individual or group policy of accident and health insurance that provides maternity coverage and is amended, delivered, issued, or renewed after the effective date of this amendatory Act of 1996 shall provide coverage for the following:

(1) a minimum of 48 hours of inpatient care following a vaginal delivery for the mother and the newborn, except as otherwise provided in this Section; or

(2) a minimum of 96 hours of inpatient care following a delivery by caesarian section for the mother and newborn, except as otherwise provided in this Section.

A shorter length of hospital inpatient stay for services related to maternity and newborn care may be provided if the attending physician licensed to practice medicine in all of its branches determines, in accordance with the protocols and guidelines developed by the American College of Obstetricians and Gynecologists or the American Academy of Pediatrics, that the mother and the newborn meet the appropriate guidelines for that length of stay based upon evaluation of the mother and newborn and the coverage and availability of a post-discharge physician office visit or in-home nurse visit to verify the condition of the infant in the first 48 hours after discharge.

(b) An individual or group policy of accident and health insurance that provides maternity coverage and is amended, delivered, issued, or renewed after the effective date of this amendatory Act of the 93rd General Assembly shall provide coverage for services provided by a certified lactation consultant pursuant to a physician's order. Benefits provided under this subsection (b) may be made subject to a deductible, co-payment, or co-insurance requirement.

(Source: P.A. 89-513, eff. 9-15-96; 90-14, eff. 7-1-97.)

Section 99. Effective date. This Act takes effect upon becoming law.".