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SB 725

Human services: medical services; medical assistance coverage for donor human milk; require under certain conditions. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 109y.

2025-2026 Regular Session Introduced by Rosemary Bayer and 2 co-sponsors

SB 725 would add Medicaid coverage for donor human milk for eligible infants up to 2 years post-birth (with prescription and needconditions).

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Bill Summary · SB 725

Summary of SB 725 (2025-2026) – Michigan

Purpose and intent

  • SB 725 adds a new section (109y) to the Social Welfare Act (1939 PA 280) to authorize medical assistance coverage (Medicaid) for donor human milk for eligible infants.
  • Coverage is for up to two years after childbirth (or two years after hospital discharge following childbirth) if specific conditions are met.
  • The bill is part of a broader package (SBs 724–726) addressing donor human milk governance, safety standards, and enforcement.

Key provisions and changes

  • Medical assistance coverage for donor human milk

    • Eligible individuals can receive Medicaid coverage for donor human milk for their infant for up to 2 years after birth or after hospital discharge.
    • Eligibility conditions:
    • A health provider must write a prescription for the donor milk.
    • The birthing person must meet one of the two criteria:
      • The birthing person is unable to provide milk (temporary or permanent).
      • The infant was born before 34 weeks gestation or weighed less than 1,800 grams at birth.

  • Effective date

    • The provision becomes effective January 1, 2026.

  • Relation to broader package

    • SB 725 is tied to SBs 724 and 726 (tie-barred). SB 724 lays out governance, safety, and enforcement rules for the donation and distribution of donor human milk. SB 726 addresses sentencing guidelines for violations of SB 724.
    • SB 725 specifically focuses on Medicaid coverage, while SB 724 establishes the regulatory framework and penalties.

Who would be affected

  • Eligible infants and birthing persons
    • Infants who qualify (premature birth or very low birth weight) and birthing persons who cannot provide milk would be eligible for donor milk coverage under Medicaid, given a prescribed medical need.
  • Healthcare providers
    • Physicians or other prescribers would need to authorize donor milk for eligible infants.
  • Medicaid program and DHHS
    • The Michigan Department of Health and Human Services (DHHS) would administer and fund the donor milk coverage under Medicaid, subject to budgetary constraints.

Procedural and timeline aspects

  • Legislation process
    • Introduced December 3, 2025; referred to the Senate Committee on Housing and Human Services.
  • Implementation timeline
    • If enacted, the key Medicaid coverage provision would take effect January 1, 2026.
  • Relationship to other bills
    • SB 724 outlines safety, quality, disclosure, and enforcement related to donor milk, with penalties for adulteration or misbranding.
    • SB 726 provides sentencing guidelines for violations related to SB 724.
    • SB 725’s Medicaid coverage is contingent on these accompanying regulatory provisions and the enactment of the package.

Notable specifics

  • Coverage duration: up to 2 years post-birth or post-discharge.
  • Prescription requirement: donor milk must be prescribed by a qualified provider.
  • Eligibility trigger: either the birthing person cannot provide milk or the infant is very premature or very low birth weight at birth.

Potential fiscal considerations (as outlined in supporting materials)

  • Medicaid costs could be significant, potentially ranging from roughly $1.1 million GF/GP (if similar to WIC formula costs) up to as much as $55.5 million GF/GP annually (if costs align with commercial donor milk pricing).
  • Indeterminate but potentially significant positive or negative impacts on the State budget depending on actual utilization and pricing.
  • Additional costs to DHHS for administration, rulemaking, sampling, storage, and enforcement activities related to donor milk governance (under SB 724).

Summary

SB 725 seeks to expand access to donor human milk for eligible infants through Medicaid coverage for up to two years, conditioned on a prescription and specific risk/need criteria. It is part of a broader legislative package establishing standards, safety, and enforcement for donor milk, with SB 724 detailing the regulatory framework and SB 726 addressing penalties for violations. The act would take effect January 1, 2026, pending passage.

Compiled from official sources — confirm details with the bill’s official record.

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