Access to life-saving nutrition for babies is closer to becoming law as AB 3059 heads to governor’s desk

The University of California and Assemblymember Akilah Weber, M.D., celebrate the successful passage of AB 3059, a pivotal step toward addressing disparities in accessing donor milk, a life-saving nutrition source for babies in need. With the bill passed by both the Senate and Assembly, attention turns to securing the Governor’s signature to make it law.

“Addressing disparities in health care involves ensuring access to essential nutrition,” said Assemblymember Weber, the bill’s author. “The mortality rate for Black infants is three times higher than for white infants, so we need to identify what can be done to address staggering disparities within newborn care. I am thrilled that AB 3059 is now before the Governor. This is the last step in expanding access to donor milk — no matter the kind of insurance families may have — and improving health outcomes for all newborns and their families.”

Donor milk, which is pasteurized donor human milk, is used in NICUs to support the health and survival of deficient birth weight infants. It also significantly reduces the incidence of a devastating bowel disease, necrotizing enterocolitis or NEC. The incidence of NEC is around 60 percent higher for Hispanic and Black infants when compared to white infants, and AB 3059 will help address disparities in health care, enabling vulnerable babies and their families to access donor milk.

While donor milk is covered under Medi-Cal, its status under commercial insurance plans lacks clarity. AB 3059 aims to ensure payment parity by expanding coverage for medically necessary donor milk for families with commercial insurance. The bill also removes a regulatory barrier to allow hospitals to more easily establish a donor milk program to ensure infants in neonatal intensive care units get the milk they need.

Donor milk, sourced from lactating individuals who undergo thorough screening and donate excess milk to accredited milk banks, is vital for many newborns, particularly those in the NICU. The University of California Health Milk Bank, operated by UC San Diego Health, is one of just three milk banks in California.

“The passage of AB 3059 through both the Senate and Assembly is a significant achievement,” said Dr. Lisa Stellwagen, FAAP, Medical Director of the UC Health Milk Bank. “Our goal is to ensure that hospitals can easily offer donor milk to babies who need it, and with AB 3059 now progressing to the Governor, we are even closer to a future of healthier outcomes for babies in hospitals across California.”

Breast milk is the optimal nutrition source for hospitalized babies with very low birth weights. If the mother is not able to provide sufficient breast milk, the American Academy of Pediatrics recommends donor milk.

Following donation, donor milk is processed, pasteurized, tested and distributed to hospitals and families. AB 3059 will facilitate the provision and distribution of donor milk, enhancing its availability for babies in the NICU.

“Donor milk access is critical for the well-being of newborns and their families,” said University of California President Michael V. Drake, M.D. “We are grateful for Assemblymember Weber’s leadership on AB 3059 and are encouraged by its recent passage out of the legislature. As the bill moves to the Governor’s desk, the University of California is proud to work together toward a future where vulnerable babies have easier access to essential nutrition.”

The University of California and Assemblymember Weber now await the Governor’s signature.