03/11/2021
**Please feel free to pass this on to anyone who may find this helpful**
For those seeking help with breastfeeding, it may be good to know that the Affordable Care Act requires coverage for lactation services for the entire time you are breastfeeding, and that cost sharing is not allowed (they cannot apply copays or deductibles).
*This means that they cannot only cover in the hospital, or for a certain number of months.*
*This also means they can't cover only a certain percentage of the cost of lactation services, or require cost sharing in any way.*
It may also be good to know that if an insurer cannot provide a list of local providers, that they are required to allow you to go out of network, and that they must cover any qualified provider
This means they cannot require you to see an NP or MD for lactation. This also means that they can't force you to call around looking for providers who cover this service. They need to provide an actual list to prove they cover it. *
You should also know that since March 2020, and for the forseeable future (still in effect as of 3/2021), Insurers must cover telehealth at the same rate as they cover in-person visits.
*This means they have to cover your telehealth lactation visit as fully as they would cover in-person. *
There are some limitations insurers are allowed to require:
IF they have in-network IBCLCs, they can require you see them, rather than someone out of network.
They are allowed to put limits on the number of visits you have (most allow at least 3, and the majority allow 6 to unlimited)
They are allowed to make you get pre-approval (usually known as a Gap Waiver before seeing someone (but they can't make this take a long time, as your needs are likely urgent)
And sadly, Mass Health seems to be exempt from this rule.
If you are having difficulty finding coverage, and you feel your insurer is breaking the law, MA residents can report them here: https://www.mass.gov/how-to/filing-an-insurance-complaint (also, writing a letter to the insurer and CCing the MA insurance commissioner has been known to get fast results)
This is a bulletin from the state of MA that you might reference when making your case: https://www.mass.gov/doc/bulletin-2016-05-federal-requirement-that-carriers-cover-certain-lactation-services-without-any/download
Here is the federal document that clarifies the requirement to cover lactation: https://www.dol.gov/sites/dolgov/files/ebsa/about-ebsa/our-activities/resource-center/faqs/aca-part-xxix.pdf?fbclid=IwAR1e0nW3nolNbc-12X75vwjaswbqTcDp1CB8BhhuHUvAvnYmmYvmpOZrAYo
How to File A Complaint Against an Insurer or Agent