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Congressman Raja Krishnamoorthi, Colleagues Introduce Legislation to Require Insurance Coverage of Nutrient Products for Premature Infants

February 8, 2024

WASHINGTON – Today, Congressman Raja Krishnamoorthi joined with colleagues Reps. Morgan McGarvey (D-KY), Rosa DeLauro (D-CT), and Annie Kuster (D-NH) in introducing the Supporting Premature Infant Nutrition Act, legislation that would require the Children’s Health Insurance Program (CHIP), Medicaid, and private insurance to provide coverage for “human milk derived milk fortifier,” nutrient products for premature infants. The four members also sent a letter to Centers for Medicare and Medicaid Services Administrator Chiquita Brooks-LaSure encouraging state-run Medicaid programs to also cover these lifesaving products.

“The last thing any parent should be worrying about while their child is in the NICU is how they can afford the nutrition their child requires,” Congressman Krishnamoorthi said. “CMS should be doing more to encourage states to make nutrient supplements like human milk-derived fortifier more accessible and less cost-prohibitive to help meet the needs of premature babies. I am proud to join with my colleagues in supporting legislation requiring Medicaid, CHIP, and private insurance to cover this lifesaving medical care.”

“In 2011, our twins, Clara and Wilson, were born 14 weeks premature. They weighed a pound and a half and a pound and fifteen ounces; we spent 99 days in the NICU before coming home,” Congressman McGarvey said. “My wife, Chris, and I had to fight our insurance company to ensure Clara and Wilson could receive the special nutrition products they needed to survive. In the Kentucky state senate, I passed the first insurance mandate in over two decades. Now it’s time to go national. No family should have to worry about costs and whether their insurance will cover their baby’s needs when fighting this battle. I’m proud to lead my colleagues in these efforts so every family and every preemie is given the best chance to thrive.”

“We need to be doing everything that we can to ensure that all families are able to meet the nutrition needs of their child,” Congresswoman DeLauro said. “Human milk and nutrient supplements are vital for the health – and survival – of premature babies in the NICU. It is unconscionable that we would deny babies these essential nutrients because they are too expensive for families.  The Supporting Premature Infant Nutrition Act would require Medicaid, CHIP, and private insurance to cover human milk derived human milk fortifier so that all premature babies have access to the nutrients they need to stay healthy.”

“For families with premature babies in the NICU, human milk and nutrient supplements are essential for their child’s growth and development – but, for many, they are cost-prohibitive. We must do more to ensure every family can access and afford the nutrition their child needs,” Congresswoman Kuster said. “I am proud to help introduce the Supporting Premature Infant Nutrition Act to increase access to life-saving human milk derived fortifier and help newborns in New Hampshire and beyond live happy, healthy lives.”

Breastmilk alone is not calorically dense enough for most premature infants. Instead, these infants often rely on a more calorically dense, fortified breastmilk that packs a bigger punch than regular breastmilk alone. This human milk fortifier is derived from either human milk or cow’s milk and then added to breastmilk to nutritionally enrich it. Thus, “human milk-derived human milk fortifier” is a fortifier made from human milk that is then added into human milk.

According to research, an exclusively human milk diet for premature babies is superior to one including cow’s milk due to the risk of life-threatening diseases that can be caused by foreign proteins found in cow’s milk. Many physicians recommend “human milk-derived human milk fortifiers” as the best solution. Although these products are increasingly recognized as lifesaving by neonatologists, many NICUs are not able to provide them to patients due to concerns over cost and insurance reimbursement. The Supporting Premature Infant Nutrition Act would require that both public and private insurance cover these products.

The Supporting Premature Infant Nutrition Act and letter to CMS is endorsed by: Conquering CHD, Eli Colins Foundation, Glo Preemies, Hand to Hold, ICU Baby, Love for Lily, National Black Nurses Association, National Perinatal Association, NICU Alumni, NICU Helping Hands, PreemieWorld, Project NICU, Speaking for Moms and Babies, Synova Associates, The Alliance for Black NICU Families, The Mended Little Hearts, Inc., The National Coalition for Infant Health, Tiny Miracles Foundation, Today is a Good Day.

The letter to CMS was signed by Reps. Alma Adams (D-NC), Yvette Clarke (D-NY), Emanuel Cleaver (D-MO), Rosa DeLauro (D-CT), Jimmy Gomez (D-CA), Raúl Grijalva (D-AZ), Andy Kim (D-NJ), Annie Kuster (D-NH), Seth Magaziner (D-RI), Lucy McBath (D-GA), Jennifer McClellan (D-VA), Lauren Underwood (D-IL), Juan Vargas (D-CA), and Bonnie Watson Coleman (D-NJ).

The bill text of the Supporting Premature Infant Nutrition Act can be found HERE

The text of the Letter to CMS can be found HERE.