Full Text of SB3211 93rd General Assembly
SB3211sam002 93RD GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/4/2004
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| AMENDMENT TO SENATE BILL 3211
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| AMENDMENT NO. ______. Amend Senate Bill 3211 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Right | 5 |
| to Breastfeed Act. | 6 |
| Section 5. Purpose. The General Assembly finds that breast | 7 |
| milk offers better nutrition, immunity, and digestion, and may | 8 |
| raise a baby's IQ, and that breastfeeding offers other benefits | 9 |
| such as improved mother-baby bonding, and its encouragement has | 10 |
| been established as a major goal of this decade by the World | 11 |
| Health Organization and the United Nations Children's Fund. The | 12 |
| General Assembly finds and declares that the Surgeon General of | 13 |
| the United States recommends that babies be fed breastmilk, | 14 |
| unless medically contraindicated, in order to attain an optimal | 15 |
| healthy start.
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| Section 10. Breastfeeding Location. A mother may | 17 |
| breastfeed her baby in any location, public or private, where | 18 |
| the mother is otherwise authorized to be, irrespective of | 19 |
| whether the nipple of the mother's breast is uncovered during | 20 |
| or incidental to the breastfeeding; however, a mother | 21 |
| considering whether to breastfeed her baby in a place of | 22 |
| worship shall comport her behavior with the norms appropriate | 23 |
| in that place of worship. |
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| Section 15. Private right of action. A woman who has been | 2 |
| denied the right to breastfeed by the owner or manager of a | 3 |
| public or private location, other than a private residence or | 4 |
| place or worship, may bring an action to enjoin future denials | 5 |
| of the right to breastfeed. If the woman prevails in her suit, | 6 |
| she shall be awarded reasonable attorney's fees and reasonable | 7 |
| expenses of litigation. | 8 |
| Section 90. The Illinois Insurance Code is amended by | 9 |
| changing Section 356s as follows:
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| (215 ILCS 5/356s)
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| Sec. 356s. Post-parturition care. | 12 |
| (a) An individual or group
policy of accident and health | 13 |
| insurance that provides maternity coverage and is
amended, | 14 |
| delivered, issued, or renewed after the effective date of this
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| amendatory Act of 1996 shall provide coverage for the | 16 |
| following:
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| (1) a minimum of 48 hours of inpatient care following a | 18 |
| vaginal delivery
for the mother and the newborn, except as | 19 |
| otherwise provided in this Section;
or
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| (2) a minimum of 96 hours of inpatient care following a | 21 |
| delivery by
caesarian section for the mother and newborn, | 22 |
| except as otherwise provided in
this Section.
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| A shorter length of hospital inpatient stay for services | 24 |
| related to maternity
and newborn care may be provided if the | 25 |
| attending physician licensed to
practice medicine in all of its | 26 |
| branches determines, in accordance with the
protocols and | 27 |
| guidelines developed by the American College of Obstetricians | 28 |
| and
Gynecologists or the American Academy of Pediatrics, that | 29 |
| the mother and the
newborn meet the appropriate guidelines for | 30 |
| that length of stay based upon
evaluation of the mother and | 31 |
| newborn and the coverage and availability of a
post-discharge |
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| physician office visit or in-home nurse visit to verify the
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| condition of the infant in the first 48 hours after discharge.
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| (b) An individual or group
policy of accident and health | 4 |
| insurance that provides maternity coverage and is
amended, | 5 |
| delivered, issued, or renewed after the effective date of this | 6 |
| amendatory Act of the 93rd General Assembly
shall provide | 7 |
| coverage for services provided by a certified lactation | 8 |
| consultant pursuant to a physician's order. Benefits provided | 9 |
| under this subsection (b) may be made subject to a deductible, | 10 |
| co-payment, or co-insurance requirement.
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| (Source: P.A. 89-513, eff. 9-15-96; 90-14, eff. 7-1-97.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
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