senate Bill S5153A

Amended

Provides a premium reduction for physicians and licensed midwives who complete a risk management strategies course

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO HEALTH
  • 19 / May / 2011
    • AMEND AND RECOMMIT TO HEALTH
  • 19 / May / 2011
    • PRINT NUMBER 5153A
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 15 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 13 / Jun / 2012
    • PRINT NUMBER 5153B

Summary

Provides for a premium reduction for physicians and licensed midwives who complete a risk management strategies course in obstetrics or midwifery.

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Bill Details

Versions:
S5153
S5153A
S5153B
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Add §2506-a, Pub Health L; amd §2343, Ins L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A759
2007-2008: A8125B

Votes

15
0
15
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S5153A

TITLE OF BILL:
An act
to amend the public health law and the
insurance law, in relation to premium reduction for
obstetric practitioners who complete a risk management
strategies obstetrics course

PURPOSE OR GENERAL IDEA OF BILL:
To improve birth outcomes and to
promote informed consultation by patients with their physicians and
licensed midwives.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the public health
law by adding a new section 2506-a that provides that the
commissioner of health shall approve professional education courses
for eligible physicians and licensed midwives that cover risk
management strategies in obstetrics, including information on
potential benefits and risks and strategies to fully inform patients
of the benefits and risks associated with their decisions.
Such courses shall be subject to standards as the commissioner shall
prescribe by regulation. Physicians and licensed midwives who
successfully complete such course shall receive continuing medical
education credit and a certificate of completion. Topics to be
included in such course are provided. The commissioner shall
determine the maximum fee for such course which shall be set forth in
regulations. Attendance at any course approved by the commissioner
may be in person or through distance learning methods.

Section two amends section 2343 of the insurance law by adding a new
subsection (f) that provides that the superintendent shall approve an
appropriate premium reduction for an insured physician or licensed
midwife who receives a certificate of completion of a risk management
strategies in obstetrics course. The superintendent shall promulgate
rules and regulations, which may be amended from time to time,
necessary to implement the establishment of an appropriate premium
reduction and may consult with the commissioner of health.

Section three provides the effective date.

JUSTIFICATION:
In order for a woman to determine the most appropriate
mode of delivery in light of her individual circumstances, it is
critical that she be fully informed about the risks and benefits of
each birth option as well as considerations regarding options for
labor. For example, cesarean delivery has been shown to imply a
higher risk of maternal death, a longer recovery time and operative
complications as well as a higher risk of unexplained stillbirths in
subsequent pregnancies and respiratory problems of the newborn, Yet

the rate of cesarean births has increased worldwide as well as in the
United States. Nationwide, the percentage of cesarean births
increased from 7% in 1970 to 32% in 2007. In 2007, in New York City
the average rate of cesarean births was 32%, with one hospital
reporting a rate of 45%. In Westchester County, the average rate of
cesarean births for that year was
43%, with one hospital reporting a rate of 53%. These reported rates
far exceed the rate of 15% recommended by the Centers for Disease
Control and the World Health Organization. Elective cesarean
deliveries (cesareans performed in the absence of medical indication)
are considered by many to account for the significant rise in
cesarean births. To promote informed consultation with patients
during pregnancy by their physicians and licensed midwives,
physicians and licensed midwives should be knowledgeable of
up-to-date information regarding options for labor and delivery,
including factors to be considered, potential benefits and risks.
This bill will provide eligible physicians and licensed midwives with
the opportunity, through approved professional risk management
strategies in obstetrics education courses, to stay well versed in the
considerations and concerns that should be taken into account
regarding available options while providing a possible insurance
premium reduction. Physicians and licensed midwives will thereby be
better able to educate their patients so that they can make informed
decisions regarding their labor and delivery.

In facilitating greater education of physicians and licensed midwives
and their patients, resulting in more informed decision-making by
patients, we will enhance our ability to improve birth as well as
maternal and neonatal outcomes.

PRIOR LEGISLATIVE HISTORY:
A.759, 2009 and 2010 referred to health.
A.8125-B, 2007 and 2008 advanced to third reading.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect one year after it shall
have become a law and shall apply to all insurance policies and
contracts issued, renewed, modified or altered on and after such
effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5153--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law and the insurance law, in relation
  to  premium  reduction for obstetric practitioners who complete a risk
  management strategies obstetrics course

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
2506-a to read as follows:
  S 2506-A. RISK MANAGEMENT STRATEGIES IN OBSTETRICS COURSE. 1. IN ORDER
TO IMPROVE PATIENT  SAFETY,  BIRTH  OUTCOMES  AND  TO  PROMOTE  INFORMED
CONSULTATION  BY  PATIENTS  WITH  THEIR PHYSICIANS AND LICENSED MIDWIVES
DURING PREGNANCY, THE COMMISSIONER SHALL APPROVE A  PROFESSIONAL  EDUCA-
TION COURSE FOR ELIGIBLE PHYSICIANS AND LICENSED MIDWIVES AS PROVIDED IN
SUBDIVISION  FIVE OF THIS SECTION THAT COVERS RISK MANAGEMENT STRATEGIES
IN OBSTETRICS AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUCH RISK
MANAGEMENT STRATEGIES COURSE SHALL BE SUBJECT TO SUCH STANDARDS  AS  THE
COMMISSIONER  MAY  PRESCRIBE  BY  REGULATION.  IN PRESCRIBING SUCH REGU-
LATIONS, THE COMMISSIONER MAY  CONSULT  WITH  THE  AMERICAN  COLLEGE  OF
OBSTETRICIANS  AND GYNECOLOGISTS AND OTHER HEALTH CARE ORGANIZATIONS. AN
ELIGIBLE PHYSICIAN OR LICENSED MIDWIFE WHO SUCCESSFULLY  COMPLETES  SUCH
RISK MANAGEMENT STRATEGIES IN OBSTETRICS COURSE PURSUANT TO THIS SECTION
SHALL  RECEIVE  CONTINUING MEDICAL EDUCATION CREDIT AND A CERTIFICATE OF
COMPLETION.
  2. A RISK MANAGEMENT STRATEGIES IN OBSTETRICS  COURSE  SHALL  INCLUDE,
BUT  NOT  BE LIMITED TO, INFORMATION ON THE POTENTIAL BENEFITS AND RISKS
ASSOCIATED WITH ELECTIVE OR NON-ELECTIVE INDUCTION, NEONATAL  IMPACT  OF
LATE  PRETERM  BIRTHS,  TRIAL OF LABOR AND VAGINAL BIRTHS AFTER CESAREAN
BIRTHS, PRIMARY, ELECTIVE OR REPEAT CESAREAN BIRTHS, AND  STRATEGIES  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00315-03-1

S. 5153--A                          2

FULLY  INFORM  PATIENTS  OF THE BENEFITS AND RISKS ASSOCIATED WITH THEIR
DECISIONS.
  3.  THE  MAXIMUM FEE TO BE CHARGED FOR A RISK MANAGEMENT STRATEGIES IN
OBSTETRICS COURSE SHALL BE SET FORTH IN REGULATIONS PROMULGATED  BY  THE
COMMISSIONER.
  4.  ATTENDANCE  AT ANY COURSE APPROVED BY THE COMMISSIONER PURSUANT TO
THIS SECTION MAY BE IN PERSON OR THROUGH DISTANCE LEARNING METHODS WHICH
EVINCE THAT ALL PARTICIPANTS ARE IN ATTENDANCE FOR THE DURATION  OF  THE
COURSE AND ABLE TO ASK QUESTIONS OF THE INSTRUCTOR.
  5.  PHYSICIANS  WHO  ARE  BOARD CERTIFIED OR ARE ACTIVE CANDIDATES FOR
BOARD CERTIFICATION IN OBSTETRICS AND PHYSICIANS WHO ARE BOARD CERTIFIED
OR ARE ELIGIBLE FOR BOARD CERTIFICATION IN FAMILY PRACTICE  AND  PROVIDE
OBSTETRIC SERVICES AND MIDWIVES WHO ARE LICENSED IN THE STATE ARE ELIGI-
BLE FOR A RISK MANAGEMENT STRATEGIES IN OBSTETRICS COURSE.
  S  2.  Section  2343  of  the insurance law is amended by adding a new
subsection (f) to read as follows:
  (F) THE SUPERINTENDENT SHALL APPROVE AN APPROPRIATE PREMIUM  REDUCTION
FOR  AN  INSURED  ELIGIBLE  PHYSICIAN OR LICENSED MIDWIFE WHO RECEIVES A
CERTIFICATE OF COMPLETION OF A RISK MANAGEMENT STRATEGIES IN  OBSTETRICS
COURSE  AS  PROVIDED  IN SECTION TWENTY-FIVE HUNDRED SIX-A OF THE PUBLIC
HEALTH LAW.  THE SUPERINTENDENT SHALL PROMULGATE SUCH  RULES  AND  REGU-
LATIONS,  WHICH MAY BE AMENDED FROM TIME TO TIME, NECESSARY TO IMPLEMENT
THE ESTABLISHMENT OF AN APPROPRIATE  PREMIUM  REDUCTION,  INCLUDING  THE
PERIOD  DURING  WHICH  THE  PREMIUM  REDUCTION  SHALL  BE  EFFECTIVE. IN
PRESCRIBING SUCH RULES AND REGULATIONS, THE SUPERINTENDENT  MAY  CONSULT
WITH THE COMMISSIONER OF HEALTH.
  S  3. This act shall take effect one year after it shall have become a
law and shall apply to all  insurance  policies  and  contracts  issued,
renewed,  modified  or  altered  on  and  after such effective date. The
commissioner of health and the superintendent of financial services  are
authorized  and  directed to adopt, amend, suspend or repeal regulations
and take other actions necessary for  the  implementation  of  this  act
prior  to  such  effective  date; provided, however, that such adoption,
amendment, suspension or repeal of  regulations  shall  not  have  legal
effect until this act takes effect.

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