SB362Introduced in the Senate
Health insurance; coverage for donor human milk, penalties.
Introduced by Jennifer Carroll Foy, District 33
What does this bill do?
Plain-English breakdown
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Official description
Donor human milk banks; health insurance; coverage for donor human milk; penalties. Prohibits any person from establishing or operating a donor human milk bank, as defined in the bill, without first obtaining a license from the State Health Commissioner and makes it a Class 6 felony for any person to establish or operate a donor human milk bank in the Commonwealth without obtaining such license. The bill also establishes requirements, policies, and procedures for the operation and administration of licensed human donor milk banks, including procedures relating to disciplinary actions, application fees, and inspections and interviews related to such donor human milk banks. The bill directs (i) the State Board of Health to establish a regulatory and statutory scheme for the licensure and regulation of donor human milk banks operating or doing business in the Commonwealth and (ii) the Commissioner to implement and enforce numerous regulations relating to the issuance, renewal, denial, suspension, and revocation of such licenses. The bill requires (a) health insurers, corporations providing health care coverage subscription contracts, and health maintenance organizations to provide coverage for expenses and (b) the state plan for medical assistance services to include a provision for payment of medical assistance services incurred in the provision of pasteurized donor human milk for any infant that is younger than the age of six months and who satisfies certain criteria enumerated in the bill. The bill has a delayed effective date of July 1, 2027, or whenever the State Board of Health has promulgated regulations for the licensure of donor human milk banks, whichever is later.
Where it stands
Tabled in Appropriations (22-Y 0-N)
March 2, 2026
How did lawmakers vote?
House of Delegates votes
3 recorded votes · each counted separately
Senate votes
4 recorded votes · each counted separately
House of DelegatesStage: Tabled in Appropriations (22-Y 0-N) · March 2, 2026
22
Yes
0
No
0
Absent or Not Voting
22 delegates recorded in this House of Delegates vote. Colors show vote categories only, not whether a vote was good or bad.
See how each delegate voted
| Delegate | District | Vote |
|---|---|---|
| Charniele Herring | 4 | Yes |
| Paul Krizek | 16 | Yes |
| Kathy Tran | 18 | Yes |
| Joshua Thomas | 21 | Yes |
| Luke Torian | 24 | Yes |
| Briana Sewell | 25 | Yes |
| David Reid | 28 | Yes |
| Bill Wiley | 32 | Yes |
| Ellen McLaughlin | 36 | Yes |
| Terry Austin | 37 | Yes |
Bill history
Prefiled and ordered printed; Offered 01-14-2026 26105022D
Referred to Committee on Education and Health
Fiscal Impact statement From VCSC (1/20/2026 1:42 pm)
Assigned Education sub: Health
Reported from Education and Health and rereferred to Finance and Appropriations (15-Y 0-N)
Reported from Finance and Appropriations (14-Y 0-N)
Fiscal Impact Statement from Department of Planning and Budget (SB362)
Rules suspended
Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
Passed by for the day Block Vote (Voice Vote)
Read second time
Engrossed by Senate (Voice Vote)
Read third time and passed Senate (40-Y 0-N 0-A)
Placed on Calendar
Read first time
Referred to Committee on Labor and Commerce
Assigned HCL sub: Subcommittee #1
House subcommittee offered
Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
Reported from Labor and Commerce with amendment(s) and referred to Appropriations (21-Y 0-N)
Assigned HAPP sub: Health & Human Resources
Tabled in Appropriations (22-Y 0-N)
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