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    AN ACT concerning health. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 1. Short title. This Act may be cited as the Right 
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to Breastfeed Act.
 
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    Section 5. Purpose.   The General Assembly finds that breast 
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milk offers better nutrition, immunity, and digestion, and may 
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raise a baby's IQ, and that breastfeeding offers other benefits 
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such  as improved mother-baby bonding, and its encouragement has 
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been established as a major goal of this decade by the World 
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Health Organization and the United Nations Children's Fund.  The 
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General Assembly finds and declares that the Surgeon General of 
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the United States recommends that babies be fed breastmilk, 
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unless medically contraindicated, in order to attain an optimal 
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healthy start.


 
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    Section 10. Breastfeeding Location. A mother may 
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breastfeed her baby in any location, public or private, where 
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the mother is otherwise authorized to be, irrespective of 
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whether the nipple of the mother's breast is uncovered during 
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or incidental to the breastfeeding; however, a mother 
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considering whether to breastfeed her baby in a place of 
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worship shall comport her behavior with the norms appropriate 
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in that place of worship.
 
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    Section 15. Private right of action.     A woman who has been 
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denied the right to breastfeed by the owner or manager of a 
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public or private location, other than a private residence or 
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place of worship, may bring an action to enjoin future denials 
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of the right to breastfeed.  If the woman prevails in her suit, 
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she shall be awarded reasonable attorney's fees and reasonable 
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expenses of litigation.
 
 


 






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    Section 90. The Illinois Insurance Code is amended  by 
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changing Section 356s as follows:
 



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    (215 ILCS 5/356s)



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    Sec. 356s. Post-parturition care. 
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    (a) An individual or group
policy of accident and health 
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insurance that provides maternity coverage and is
amended, 
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delivered, issued, or renewed after the effective date of this

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amendatory Act of 1996 shall provide coverage for the 
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following:


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        (1) a minimum of 48 hours of inpatient care following a 
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vaginal delivery
for the mother and the newborn, except as 
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otherwise provided in this Section;
or


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        (2) a minimum of 96 hours of inpatient care following a 
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delivery by
caesarian section for the mother and newborn, 
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except as otherwise provided in
this Section.

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    A shorter length of hospital inpatient stay for services 
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related to maternity
and newborn care may be provided if the 
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attending physician licensed to
practice medicine in all of its 
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branches determines, in accordance with the
protocols and 
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guidelines developed by the American College of Obstetricians 
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and
Gynecologists or the American Academy of Pediatrics, that 
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the mother and the
newborn meet the appropriate guidelines for 
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that length of stay based upon
evaluation of the mother and 
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newborn and the coverage and availability of a
post-discharge 
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physician office visit or in-home nurse visit to verify the

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condition of the infant in the first 48 hours after discharge.

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    (b) An individual or group
policy of accident and health 
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insurance that provides maternity coverage and is
amended, 
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delivered, issued, or renewed after the effective date of this 
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amendatory Act of the 93rd General Assembly
shall provide 
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coverage for services provided by a certified lactation 
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consultant pursuant to a physician's order.  Benefits provided 
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under this subsection (b) may be made subject to a deductible, 
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co-payment, or co-insurance requirement.

 


 






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(Source: P.A. 89-513, eff. 9-15-96; 90-14, eff. 7-1-97.)


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.