February 08, 2024

Congressman Morgan McGarvey Leads Efforts to Require Insurance Coverage of Special Nutrition Products for Premature Babies

WASHINGTON, D.C. (February 08, 2024) – This week, Congressman Morgan McGarvey (KY-03) led his colleagues in several efforts to increase insurance coverage for special nutrition products for premature babies. Rep. McGarvey introduced H.R. 7141, the Supporting Premature Infant Nutrition Act, which would require insurance coverage under Medicaid, the Children’s Health Insurance Program (CHIP), and private insurance for nutrition products for premature infants called “human milk derived human milk fortifier.” He also sent a letter to the Centers for Medicare & Medicaid Services (CMS) encouraging state Medicaid programs to cover these products. Rep. McGarvey co-led these efforts alongside Rep. Rosa DeLauro (D-CT), Rep. Raja Krishnamoorthi (D-IL), and Rep. Annie Kuster (D-NH).

“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,” said Rep. Morgan McGarvey. “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,” said Congresswoman Rosa DeLauro. “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.”

“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,” said Rep. Raja Krishnamoorthi. “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.”

“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,” said Rep. Kuster. “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.

"Black babies have the highest mortality rate in the country, and this bill is a step in the right direction to deliver vital nutrition to babies who spend their first days of life in the NICU," said Dr. Sheldon D. Fields, President of the National Black Nurses Association.  "We thank Representative McGarvey for spearheading legislation that will provide access to life-saving products and support disproportionately impacted communities.  At NBNA, one of our top priorities is to reduce the Black infant mortality rate and we urge Congress to swiftly pass this bill to do the right thing for Black babies and families."

“The benefits of an exclusive human milk diet are proven to support the health and wellness of fragile preemies.  In Louisville, KY, where I have practiced for 35 years, our clinical teams have seen access to this vital nutrition decrease the rates of life-threatening conditions of the GI tract, visual impairment, and decreased the severity of chronic lung disease.  This availability of an exclusive human milk diet has allowed better weight gain and has expedited earlier discharges than babies born in other states.  This legislation will ensure that the exclusive human milk diet products will be accessible in every NICU.  We thank Congressman McGarvey for championing this important bill that is quite personal to him with the intent of saving more young lives,” said Dr. Dan L. Stewart, MD, FAAP, Neonatologist, Norton Children's Hospital.

The letter to CMS was signed by Reps. Alma Adams, Yvette Clarke, Emanuel Cleaver, Rosa DeLauro, Jimmy Gomez, Raúl Grijalva, Andy Kim, Raja Krishnamoorthi, Annie Kuster, Seth Magaziner, Lucy McBath, Jennifer McClellan, Lauren Underwood, Juan Vargas, and Bonnie Watson Coleman.

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.

Rep. McGarvey’s floor speech on these efforts can be found HERE