NATIONAL WOMEN’S LAW CENTER
NWLC NEW BENEFITS FOR BREASTFEEDING MOMS 3
DIFFERENCES IN COVERAGE
The requirement to cover breastfeeding support and supplies applies to all new plans. Because some health plans
existed before the health care law was passed, some differences in coverage still remain (also see the ow chart
entitled “Does my insurance plan have to cover breastfeeding supplies and support without cost sharing?”).
Medicaid and Medicaid Expansion
The requirement to provide breastfeeding support and supplies will vary by state and by type of Medicaid coverage.
Traditional Medicaid programs already cover a wide range of preventive services for Medicaid enrollees with nominal
or no co-payments. They are not, however, required to provide this new benet under the ACA. This means that
traditional Medicaid programs, including pregnancy-related coverage, are not required to provide breastfeeding support
and supplies but many states choose to provide these benets. Based on a 2012 survey with 44 states responding,
25 states covered breastfeeding education services, 15 states covered individual lactation consultations, and 31 states
covered equipment rentals.
3
The ACA allows states to expand eligibility for Medicaid to cover more low income people up to 138 percent of the
federal poverty level (approximately $16,000 for an individual or $33,000 for a family of four). However, each state
decides whether or not to expand eligibility. About half the states have expanded coverage through Medicaid. States
that have expanded coverage are required to provide coverage of breastfeeding support and supplies for individuals
newly eligible for Medicaid under this expansion.
In short, depending on where they live, traditional Medicaid enrollees may not have coverage for breastfeeding support
and supplies. However, Medicaid enrollees who are newly eligible and covered as part of the “Medicaid expansion” will
have coverage for these services.
Employer Sponsored Coverage
Most employees and their dependents who have health insurance through an employer are enrolled in plans that
must provide coverage for breastfeeding support and supplies. Plans that existed before March 23, 2010, and have
not made signicant changes, are considered “grandfathered,” and do not need to cover preventive services, includ-
ing breastfeeding benets. If the plan makes signicant changes (like increasing employee costs or cutting benets), it
will become “ungrandfathered.” All un-grandfathered private health plans have to follow the preventive health services
coverage and offer breastfeeding support and supplies at no cost-sharing.
In 2013, only 36 percent of workers with employer sponsored coverage were in grandfathered plans, and more plans
will become ungrandfathered in 2014.
4
Eventually all plans will lose their grandfathered status and distinctions between
the two types of plans will disappear. At that point, all plans will cover these important preventive services without
cost-sharing.
Individual Coverage
All plans purchased on the Health Insurance Marketplaces are considered “new” plans and are required to cover
breastfeeding support and supplies.
Individual plans purchased outside of the Marketplace generally have to provide coverage of breastfeeding benets
as well. However, there is a small portion of individually purchased private plans that are not required to provide this
coverage. If an individual has been enrolled in the same plan since before March 23, 2010, then the plan is considered
“grandfathered,” meaning that it doesn’t have to comply with the health care law.
3 Centers for Medicare and Medicare Services, “Medicaid Coverage of Lactation Services,” (January 10, 2012) available at
http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Quality-of-Care/Downloads/Lactation_Services_IssueBrief_01102012.
pdf.
4 Kaiser Family Foundation, “Employer Health Benets, 2013 Survey,” (August 2013) available at
http://kff.org/private-insurance/report/2013-employer-health-benets/.