Gov. Gavin Newsom signed Assembly Bill 3059 into law Monday, intended to allow more families to receive donor milk for their babies regardless of what insurance they have.
Sponsored by Assemblywoman Akilah Weber, D-La Mesa, the bill is intended to get medically necessary milk to babies in the neonatal intensive care unit who otherwise might do without.
"Addressing disparities in health care starts with ensuring access to essential nutrition," Weber said. "With the mortality rate for Black infants being three times higher than that of white infants, it's crucial we address health care inequities beginning at birth.
"This bill represents the final step in expanding access to donor milk for all families, regardless of their insurance, and making a significant difference in health outcomes for newborns and their families."
When a parent does not produce or does not produce enough breastmilk, pasteurized donor human milk is the next best nutrition source for infants below normal birth weights. AB 3059 defines donor milk as essential under commercial insurance — bringing it up to speed with Medi-Cal standards.
"Creating greater access to donor milk is vital for the health and well-being of newborns and their families," said University of California President Dr. Michael V. Drake. "We applaud Assemblymember Weber for her leadership on AB 3059, and we are grateful that the Governor has signed this important bill into law.
"At the University of California, we are excited to work together toward a future where infants have easier access to this essential nutrition, especially those whose families are most vulnerable."
Breast milk reduces some health outcomes in infants, such as necrotizing enterocolitis, a life-threatening bowel disease which occurs about 60% more frequently in Black and Latino children, according to UC data.
Donor milk comes from people who are lactating and have been screened. Excess milk goes to accredited milk banks, where it is "processed, pasteurized, tested and distributed to NICUs, hospitals and families when it's medically necessary," a statement from the UC read.
Weber's bill removes a regulation to make distribution of healthy milk easier. Previously, hospitals had to have a tissue bank license to give donor milk to patients — now that barrier moves the license burden to already accredited milk banks such as the University of California Health Milk Bank.
The UC Health Milk Bank, operated by UC San Diego Health, is one of three in California. However, UC Riverside Health recently opened a breast milk collection facility as well.
"I've seen, first-hand, how donor milk improves the health, and even survival, of babies in the NICU," said Dr. Lisa Stellwagen, medical director of the UC Health Milk Bank. "I'm thankful for Governor Newsom's signature of AB 3059, which will have a significant impact in ensuring hospitals can easily offer donor milk to babies who need it.
"With this new law, California is making major strides in improving health outcomes for babies in NICUs across the state."
