SB420 – Revises provisions relating to health insurance
Breastfeeding and Medicaid Coverage in Nevada
SB420 Sec. 28.1
To the extent that money is available, the Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for: (a) Supplies for breastfeeding a child until the child’s first birthday. Such supplies include, without limitation, electric or hospital-grade breast pumps that: (1) Have been prescribed or ordered by a qualified provider of health care; and (2) Are medically necessary for the mother or the child. (b) Such prenatal screenings and tests as are recommended by the American College of Obstetricians and Gynecologists, or its successor organization.
The Director shall include in the State Plan for Medicaid a requirement that, to the extent that money and federal financial participation are available, the State must pay the nonfederal share of expenditures incurred for lactation consultation and support (3) As used in this section: (a) “Medically necessary” has the meaning ascribed to it in NRS 695G.055. (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.
NRS 608.0193 and NRS 281.755 – Breaktime for Nursing Mothers
Nevada Law on Breastfeeding in the Workplace
AN ACT relating to public health; requiring certain employers to provide reasonable break times and a place for an employee who is a nursing mother to express breast milk; prohibiting an employer from retaliating against an employee for certain actions relating to this requirement; authorizing a public employee who is aggrieved by an employer’s failure to comply with this requirement or for retaliation by the employer to file a complaint; requiring the Local Government Employee-Management Relations Board to provide for an expedited review of such complaints by local government employees; exempting certain small employers and contractors from this requirement; authorizing the Labor Commissioner to enforce the requirement against a private employer; providing a penalty; and providing other matters properly relating thereto.
(Signed into law June 1, 2017)
NRS 201.232
Nevada Law on Breastfeeding in Public
Notwithstanding any other provision of law, a mother may breast feed her child in any public or private location where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding.
(Added to Nevada Revised Statutes by 1995, 126)
SEC. 4207. REASONABLE BREAK TIME FOR NURSING MOTHERS.
Health Care Reform Boosts Support for Employed Breastfeeding Mothers
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:
(1) An employer shall provide—(A) a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and (B) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
(2) An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose.
(3) An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship bycausing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.
(4) Nothing in this subsection shall preempt a State law that provides greater protections to employees than the protections provided for under this subsection.
With the inclusion of this provision in health care reform legislation, the U.S. joins the rest of the industrialized world in recognizing breastfeeding as the natural outcome of pregnancy, and workplace lactation programs as the natural outcome of a society where the majority of mothers and infants are separated due to work.
Health Care Reform Bill
On March 30, 2010, President Obama signed into law the Health Care Reform Bill. As part of this new law, several measures were included to protect the rights of employees who are currently breastfeeding their children, including mandating employers to provide breaks for nursing mothers.
Breastfeeding in the Workplace
With the inclusion of this provision in health care reform legislation, the U.S. joins the rest of the industrialized world in recognizing breastfeeding as the natural outcome of pregnancy, and workplace lactation programs as the natural outcome of a society where the majority of mothers and infants are separated due to work.
The reform bill amends the Fair Labor Standards Act, 29 U.S.C. 207, by requiring that an employer provide: (1) ”a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk,” and (2) ”a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”
This amendment does not require employers to compensate employees for time spent taking a “reasonable break” to “express milk.” Furthermore, this amendment does not apply if (1) an employer employs fewer than 50 employees and (2) the “reasonable breaks” would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.
If you are a Nevada Employer and have not already done so, you are strongly encouraged to begin complying with this law establishing adequate areas for nursing mothers to take breastfeeding breaks for up to one year following the birth of a child. These nursing areas must be shielded from view and free from intrusion. Employers should also note that the amendment does not set a limit on the number of breastfeeding breaks a nursing mother can take; it allows for a break “each time” the nursing mother needs to “express breast milk.”
If you have questions regarding aspects of the healthcare reform legislation related to Nevada employers, please contact us.
Federal-Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) was signed into law December 29, 2023 but became effective June 27, 2023. The PWFA gives workers the right to receive accommodations, such as light duty, breaks, a stool to sit on, etc., for pregnancy, childbirth recovery, and related medical conditions, including lactation, unless this would pose an undue hardship to their employer. Employers are now required to have a conversation with a worker seeking accommodations regarding the employee’s needs and the reasonable accommodations which could meet those needs. Employees are protected from retaliation under the law, which applies to employees of the federal government and private employers with at least 15 employees.
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