NY State Assembly Bill 2013-A7667B

Assembly Bill A7667B

Vetoed By Governor

2013-2014 Legislative Session

Defines maternal depression, requires the provision of maternal depression education, and the provision of a screening and referral plan for the state

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 18, 2013	tabled vetoed memo.269
Dec 06, 2013	delivered to governor
Jun 21, 2013	returned to assembly passed senate ordered to third reading cal.1633
Jun 20, 2013	delivered to senate passed assembly
Jun 19, 2013	ordered to third reading rules cal.552 rules report cal.552 reported
Jun 17, 2013	reported referred to rules
Jun 12, 2013	print number 7667b
Jun 12, 2013	amend and recommit to ways and means
Jun 10, 2013	print number 7667a
Jun 10, 2013	amend and recommit to ways and means
Jun 04, 2013	reported referred to ways and means
May 29, 2013	referred to health

Votes

- Jun 21, 2013 - Floor Vote
  A7667B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2013
      
      aye (63)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin

Bill Amendments

Original

B (Active)

co-Sponsors

2013-A7667 - Details

See Senate Version of this Bill:: S3137
Law Section:: Public Health Law
Laws Affected:: Add §2500-k, amd §§207, 2803-j & 2803-n, Pub Health L; add §3217-g, Ins L
Versions Introduced in 2011-2012 Legislative Session:: S7355

2013-A7667 - Summary

Defines maternal depression; requires the provision of maternal depression education, and the provision of a screening and referral plan for the state.

2013-A7667 - Bill Text download pdf

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

                                  7667

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2013
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law and the insurance law, in relation
  to developing a maternal depression screening and  referral  plan  for
  the state, and providing maternal depression education

  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
2500-k to read as follows:
  S  2500-K.  MATERNAL  DEPRESSION.  1.  DEFINITIONS.    AS USED IN THIS
SECTION:
  (A) "MATERNAL DEPRESSION" MEANS A WIDE RANGE OF EMOTIONAL AND  PSYCHO-
LOGICAL  REACTIONS  A  WOMAN  MAY  EXPERIENCE  DURING PREGNANCY OR AFTER
CHILDBIRTH. THESE REACTIONS MAY INCLUDE, BUT ARE NOT LIMITED  TO,  FEEL-
INGS  OF  DESPAIR  OR  EXTREME GUILT, PROLONGED SADNESS, LACK OF ENERGY,
DIFFICULTY CONCENTRATING, FATIGUE,  EXTREME  CHANGES  IN  APPETITE,  AND
THOUGHTS  OF  SUICIDE  OR  OF  HARMING THE BABY. MATERNAL DEPRESSION MAY
INCLUDE PRENATAL DEPRESSION, THE "BABY BLUES," POSTPARTUM DEPRESSION, OR
POSTPARTUM PSYCHOSIS-THE SEVEREST FORM.
  (B) "MATERNAL HEALTH CARE PROVIDER" MEANS A PHYSICIAN, MIDWIFE,  NURSE
PRACTITIONER,  OR PHYSICIAN ASSISTANT, OR OTHER HEALTH CARE PRACTITIONER
ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, ATTENDING A  PREGNANT
WOMAN  OR  A  WOMAN UP TO ONE YEAR AFTER CHILDBIRTH, INCLUDING A PRACTI-
TIONER ATTENDING THE WOMAN'S CHILD UP TO ONE YEAR AFTER CHILDBIRTH.
  2. MATERNAL DEPRESSION SCREENING. (A) THE COMMISSIONER,  IN  CONSULTA-
TION   WITH   THE   COMMISSIONER   OF  MENTAL  HEALTH,  SHALL  ESTABLISH
EVIDENCE-BASED GUIDELINES FOR MATERNAL DEPRESSION SCREENING FOR  USE  BY
MATERNAL  HEALTH CARE PROVIDERS AND PEDIATRIC PRIMARY CARE PROVIDERS. IN
DEVELOPING GUIDELINES UNDER  THIS  SECTION,  THE  COMMISSIONER  AND  THE
COMMISSIONER  OF MENTAL HEALTH SHALL CONSULT APPROPRIATE MATERNAL HEALTH
CARE PROVIDERS. SUCH GUIDELINES SHALL INCLUDE, BUT NOT BE LIMITED TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01525-03-3

A. 7667                             2

  (I) THE IDENTIFICATION OF SUGGESTED VALIDATED, EVIDENCE-BASED DIAGNOS-
TIC TOOLS TO BE USED FOR MATERNAL DEPRESSION SCREENING;
  (II)  THE  ROUTINE  EMPLOYMENT  OF  VALIDATED, EVIDENCE-BASED MATERNAL
DEPRESSION SCREENING TOOLS AT REGULAR  INTERVALS  DURING  PREGNANCY  AND
AFTER CHILDBIRTH; AND
  (III)  AN  APPROPRIATE  REFERRAL  MECHANISM  FOR  PATIENTS WHO REQUIRE
FURTHER EVALUATION, SERVICES, OR TREATMENT.
  (B) MATERNAL DEPRESSION SCREENING AND REFERRAL  MAY  INCLUDE  COMMUNI-
CATION  WITH THE FATHER OF THE CHILD AND OTHER FAMILY MEMBERS, AS APPRO-
PRIATE AND CONSISTENT WITH PATIENT CONFIDENTIALITY.
  3. REFERRALS FOR MATERNAL DEPRESSION TREATMENT. THE COMMISSIONER SHALL
MAKE AVAILABLE A LIST OF PROVIDERS FOR TREATMENT OF MATERNAL DEPRESSION,
INCLUDING SUPPORT GROUPS AND SERVICES PROVIDED BY NOT-FOR-PROFIT  ORGAN-
IZATIONS.
  4.  THE COMMISSIONER SHALL MAKE ANY REGULATIONS NECESSARY TO IMPLEMENT
THIS SECTION.
  S 2. Subdivision 1 of section 207 of the public health law is  amended
by adding a new paragraph (i) to read as follows:
  (I)  MATERNAL  DEPRESSION,  INCLUDING  EDUCATION,  SCREENING, REFERRAL
SERVICES, AND POSSIBLE OPTIONS FOR TREATMENT.
  S 3. Subdivision 1 of section 2803-j of  the  public  health  law,  as
amended  by  chapter  62  of  the  laws  of  1996, is amended to read as
follows:
  1. The commissioner shall require that every hospital and birth center
shall prepare in printed or photocopied form and distribute at the  time
of  pre-booking directly to each prospective maternity patient and, upon
request, to the general public an informational  leaflet.  Such  leaflet
shall  be  designed  by  the  commissioner and shall contain brief defi-
nitions of maternity related procedures and practices  as  specified  in
subdivision two of this section and such other material as deemed appro-
priate  by the commissioner.  Hospitals and birth centers may also elect
to distribute additional explanatory material along with  the  maternity
patients informational leaflet. THE COMMISSIONER SHALL MAKE THE INFORMA-
TION LEAFLETS AVAILABLE ON THE DEPARTMENT'S WEBSITE.
  S  4.  Subdivision  1-b of section 2803-j of the public health law, as
added by chapter 647 of the laws of 1997, is amended to read as follows:
  1-b. The informational leaflet shall also include information relating
to the physical  and  mental  health  of  the  maternity  patient  after
discharge  from the hospital, including, but not limited to, information
about  MATERNAL  AND  post-partum  depression.  THE  COMMISSIONER  SHALL
PERFORM  A  REVIEW OF INFORMATION ON MATERNAL AND POST-PARTUM DEPRESSION
IN INFORMATIONAL LEAFLETS, IN COLLABORATION  WITH  THE  COMMISSIONER  OF
MENTAL  HEALTH,  TO  EVALUATE  THE  CONTENTS FOR ADDRESSING ALL FORMS OF
MATERNAL AND  POST-PARTUM  DEPRESSION,  AND  IDENTIFYING  RESOURCES  FOR
OBTAINING  HELP  FOR THE PATIENTS AND THEIR FAMILIES. ALL INFORMATION ON
MATERNAL AND POST-PARTUM DEPRESSION IN INFORMATIONAL LEAFLETS  SHALL  BE
MADE AVAILABLE TO PATIENTS IN THE TOP SIX LANGUAGES SPOKEN IN THE STATE,
OTHER  THAN  ENGLISH,  ACCORDING  TO  THE LATEST AVAILABLE DATA FROM THE
UNITED STATES CENSUS BUREAU.
  S 5. Paragraph (b) of subdivision 1 of section 2803-n  of  the  public
health  law,  as  added by chapter 56 of the laws of 1996, is amended to
read as follows:
  (b) Maternity care shall also include, at minimum,  parent  education,
assistance and training in breast or bottle feeding, EDUCATION ON MATER-
NAL  DEPRESSION  AND MATERNAL DEPRESSION SCREENING AND REFERRAL, and the
performance of any necessary maternal and newborn clinical  assessments.

A. 7667                             3

Notwithstanding  this requirement, nothing in this paragraph is intended
to result in the hospital charging any amount for such services in addi-
tion to the applicable  charge  for  the  maternity  inpatient  hospital
admission.
  S  6. Item (ii) of subparagraph (A) of paragraph 10 of subdivision (i)
of section 3216 of the insurance law, as added by chapter 56 of the laws
of 1996, is amended to read as follows:
  (ii) Maternity care coverage shall also include,  at  minimum,  parent
education,  assistance  and training in breast or bottle feeding, EDUCA-
TION ON MATERNAL DEPRESSION AND MATERNAL DEPRESSION SCREENING AND REFER-
RAL, and the performance of any necessary maternal and newborn  clinical
assessments.
  S 7. Subparagraph (B) of paragraph 1 of subsection (c) of section 4303
of  the insurance law, as amended by chapter 661 of the laws of 1997, is
amended to read as follows:
  (B) Maternity care coverage also shall  include,  at  minimum,  parent
education,  assistance  and training in breast or bottle feeding, EDUCA-
TION ON MATERNAL DEPRESSION AND MATERNAL DEPRESSION SCREENING AND REFER-
RAL, and the performance of any necessary maternal and newborn  clinical
assessments.
  S  8.  The  insurance law is amended by adding a new section 3217-g to
read as follows:
  S 3217-G. MATERNAL DEPRESSION SCREENINGS.  (A) NO INSURER  SUBJECT  TO
THIS  ARTICLE  SHALL  BY  CONTRACT,  WRITTEN POLICY OR PROCEDURE LIMIT A
PATIENT INSURED'S DIRECT ACCESS TO SCREENING AND REFERRAL  FOR  MATERNAL
DEPRESSION  FROM  A  PROVIDER  OF OBSTETRICAL, GYNECOLOGIC, OR PEDIATRIC
SERVICES.
  (B) THE STATE AND PRIVATE INSURERS  SHALL  ESTABLISH  A  REIMBURSEMENT
STRUCTURE FOR MATERNAL DEPRESSION SCREENING AND REFERRAL, AS OUTLINED IN
SECTION TWO THOUSAND FIVE HUNDRED-K OF THE PUBLIC HEALTH LAW.
  S 9. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided that (a) sections six, seven and
eight of this act shall apply to  contracts  entered  into,  amended  or
delivered on or after the first of January after this act becomes a law;
and  (b) effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this  act  on
its  effective  date is authorized and directed to be made and completed
by the commissioner of health on or before such effective date.

co-Sponsors

multi-Sponsors

2013-A7667A - Details

See Senate Version of this Bill:: S3137
Law Section:: Public Health Law
Laws Affected:: Add §2500-k, amd §§207, 2803-j & 2803-n, Pub Health L; add §3217-g, Ins L
Versions Introduced in 2011-2012 Legislative Session:: S7355

2013-A7667A - Summary

Defines maternal depression; requires the provision of maternal depression education, and the provision of a screening and referral plan for the state.

2013-A7667A - Bill Text download pdf

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

                                 7667--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2013
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  McDONOUGH, RAIA -- read once and
  referred to the Committee on Health -- reported and  referred  to  the
  Committee  on  Ways  and  Means -- 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 developing a maternal depression screening and  referral  plan  for
  the state, and providing maternal depression education

  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
2500-k to read as follows:
  S  2500-K.  MATERNAL  DEPRESSION.  1.  DEFINITIONS.    AS USED IN THIS
SECTION:
  (A) "MATERNAL DEPRESSION" MEANS A WIDE RANGE OF EMOTIONAL AND  PSYCHO-
LOGICAL  REACTIONS  A  WOMAN  MAY  EXPERIENCE  DURING PREGNANCY OR AFTER
CHILDBIRTH. THESE REACTIONS MAY INCLUDE, BUT ARE NOT LIMITED  TO,  FEEL-
INGS  OF  DESPAIR  OR  EXTREME GUILT, PROLONGED SADNESS, LACK OF ENERGY,
DIFFICULTY CONCENTRATING, FATIGUE,  EXTREME  CHANGES  IN  APPETITE,  AND
THOUGHTS  OF  SUICIDE  OR  OF  HARMING THE BABY. MATERNAL DEPRESSION MAY
INCLUDE PRENATAL DEPRESSION, THE "BABY BLUES," POSTPARTUM DEPRESSION, OR
POSTPARTUM PSYCHOSIS-THE SEVEREST FORM.
  (B) "MATERNAL HEALTH CARE PROVIDER" MEANS A PHYSICIAN, MIDWIFE,  NURSE
PRACTITIONER,  OR PHYSICIAN ASSISTANT, OR OTHER HEALTH CARE PRACTITIONER
ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, ATTENDING A  PREGNANT
WOMAN  OR  A  WOMAN UP TO ONE YEAR AFTER CHILDBIRTH, INCLUDING A PRACTI-
TIONER ATTENDING THE WOMAN'S CHILD UP TO ONE YEAR AFTER CHILDBIRTH.
  2. MATERNAL DEPRESSION SCREENING. (A) THE COMMISSIONER,  IN  CONSULTA-
TION   WITH   THE   COMMISSIONER   OF  MENTAL  HEALTH,  SHALL  ESTABLISH
EVIDENCE-BASED GUIDELINES FOR MATERNAL DEPRESSION SCREENING FOR  USE  BY
MATERNAL  HEALTH CARE PROVIDERS AND PEDIATRIC PRIMARY CARE PROVIDERS. IN
DEVELOPING GUIDELINES UNDER  THIS  SECTION,  THE  COMMISSIONER  AND  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01525-04-3

A. 7667--A                          2

COMMISSIONER  OF MENTAL HEALTH SHALL CONSULT APPROPRIATE MATERNAL HEALTH
CARE PROVIDERS. SUCH GUIDELINES SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE IDENTIFICATION OF SUGGESTED VALIDATED, EVIDENCE-BASED DIAGNOS-
TIC TOOLS TO BE USED FOR MATERNAL DEPRESSION SCREENING;
  (II)  THE  ROUTINE  EMPLOYMENT  OF  VALIDATED, EVIDENCE-BASED MATERNAL
DEPRESSION SCREENING TOOLS AT REGULAR  INTERVALS  DURING  PREGNANCY  AND
AFTER CHILDBIRTH; AND
  (III)  AN  APPROPRIATE  REFERRAL  MECHANISM  FOR  PATIENTS WHO REQUIRE
FURTHER EVALUATION, SERVICES, OR TREATMENT.
  (B) MATERNAL DEPRESSION SCREENING AND REFERRAL  MAY  INCLUDE  COMMUNI-
CATION  WITH THE FATHER OF THE CHILD AND OTHER FAMILY MEMBERS, AS APPRO-
PRIATE AND CONSISTENT WITH PATIENT CONFIDENTIALITY.
  3. REFERRALS FOR MATERNAL DEPRESSION TREATMENT. THE COMMISSIONER SHALL
MAKE AVAILABLE A LIST OF PROVIDERS FOR TREATMENT OF MATERNAL DEPRESSION,
INCLUDING SUPPORT GROUPS AND SERVICES PROVIDED BY NOT-FOR-PROFIT  ORGAN-
IZATIONS.
  4.  THE COMMISSIONER SHALL MAKE ANY REGULATIONS NECESSARY TO IMPLEMENT
THIS SECTION.
  S 2. Subdivision 1 of section 207 of the public health law is  amended
by adding a new paragraph (i) to read as follows:
  (I)  MATERNAL  DEPRESSION,  INCLUDING  EDUCATION,  SCREENING, REFERRAL
SERVICES, AND POSSIBLE OPTIONS FOR TREATMENT.
  S 3. Subdivision 1 of section 2803-j of  the  public  health  law,  as
amended  by  chapter  62  of  the  laws  of  1996, is amended to read as
follows:
  1. The commissioner shall require that every hospital and birth center
shall prepare in printed or photocopied form and distribute at the  time
of  pre-booking directly to each prospective maternity patient and, upon
request, to the general public an informational  leaflet.  Such  leaflet
shall  be  designed  by  the  commissioner and shall contain brief defi-
nitions of maternity related procedures and practices  as  specified  in
subdivision two of this section and such other material as deemed appro-
priate  by the commissioner.  Hospitals and birth centers may also elect
to distribute additional explanatory material along with  the  maternity
patients informational leaflet. THE COMMISSIONER SHALL MAKE THE INFORMA-
TION LEAFLETS AVAILABLE ON THE DEPARTMENT'S WEBSITE.
  S  4.  Subdivision  1-b of section 2803-j of the public health law, as
added by chapter 647 of the laws of 1997, is amended to read as follows:
  1-b. The informational leaflet shall also include information relating
to the physical  and  mental  health  of  the  maternity  patient  after
discharge  from the hospital, including, but not limited to, information
about  MATERNAL  AND  post-partum  depression.  THE  COMMISSIONER  SHALL
PERFORM  A  REVIEW OF INFORMATION ON MATERNAL AND POST-PARTUM DEPRESSION
IN INFORMATIONAL LEAFLETS, IN COLLABORATION  WITH  THE  COMMISSIONER  OF
MENTAL  HEALTH,  TO  EVALUATE  THE  CONTENTS FOR ADDRESSING ALL FORMS OF
MATERNAL AND  POST-PARTUM  DEPRESSION,  AND  IDENTIFYING  RESOURCES  FOR
OBTAINING  HELP  FOR THE PATIENTS AND THEIR FAMILIES. ALL INFORMATION ON
MATERNAL AND POST-PARTUM DEPRESSION IN INFORMATIONAL LEAFLETS  SHALL  BE
MADE AVAILABLE TO PATIENTS IN THE TOP SIX LANGUAGES SPOKEN IN THE STATE,
OTHER  THAN  ENGLISH,  ACCORDING  TO  THE LATEST AVAILABLE DATA FROM THE
UNITED STATES CENSUS BUREAU.
  S 5. Paragraph (b) of subdivision 1 of section 2803-n  of  the  public
health  law,  as  added by chapter 56 of the laws of 1996, is amended to
read as follows:
  (b) Maternity care shall also include, at minimum,  parent  education,
assistance and training in breast or bottle feeding, EDUCATION ON MATER-

A. 7667--A                          3

NAL  DEPRESSION  AND MATERNAL DEPRESSION SCREENING AND REFERRAL, and the
performance of any necessary maternal and newborn clinical  assessments.
Notwithstanding  this requirement, nothing in this paragraph is intended
to result in the hospital charging any amount for such services in addi-
tion  to  the  applicable  charge  for  the maternity inpatient hospital
admission.
  S 6. Item (ii) of subparagraph (A) of paragraph 10 of subdivision  (i)
of section 3216 of the insurance law, as added by chapter 56 of the laws
of 1996, is amended to read as follows:
  (ii)  Maternity  care  coverage shall also include, at minimum, parent
education, assistance and training in breast or bottle  feeding,  EDUCA-
TION ON MATERNAL DEPRESSION AND MATERNAL DEPRESSION SCREENING AND REFER-
RAL,  and the performance of any necessary maternal and newborn clinical
assessments.
  S 7. Item (ii) of subparagraph (A) of paragraph 5 of subsection (k) of
section 3221 of the insurance law, as added by chapter 56 of the laws of
1996, is amended to read as follows:
  (ii) Maternity care coverage shall also include,  at  minimum,  parent
education,  assistance  and training in breast or bottle feeding, EDUCA-
TION ON MATERNAL DEPRESSION AND MATERNAL DEPRESSION SCREENING AND REFER-
RAL, and the performance of any necessary maternal and newborn  clinical
assessments.
  S 8. Subparagraph (B) of paragraph 1 of subsection (c) of section 4303
of  the insurance law, as amended by chapter 661 of the laws of 1997, is
amended to read as follows:
  (B) Maternity care coverage also shall  include,  at  minimum,  parent
education,  assistance  and training in breast or bottle feeding, EDUCA-
TION ON MATERNAL DEPRESSION AND MATERNAL DEPRESSION SCREENING AND REFER-
RAL, and the performance of any necessary maternal and newborn  clinical
assessments.
  S  9.  The  insurance law is amended by adding a new section 3217-g to
read as follows:
  S 3217-G. MATERNAL DEPRESSION SCREENINGS.  NO INSURER SUBJECT TO  THIS
ARTICLE  SHALL  BY CONTRACT, WRITTEN POLICY OR PROCEDURE LIMIT A PATIENT
INSURED'S  DIRECT  ACCESS  TO  SCREENING  AND  REFERRAL   FOR   MATERNAL
DEPRESSION  FROM  A  PROVIDER  OF OBSTETRICAL, GYNECOLOGIC, OR PEDIATRIC
SERVICES.
  S 10. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law; provided that (a) sections six, seven,
eight  and  nine  of  this  act  shall  apply to contracts entered into,
amended or delivered on or after the first of  January  after  this  act
becomes  a  law;  and (b) effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized and directed to be  made
and  completed by the commissioner of health on or before such effective
date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2013-A7667B (ACTIVE) - Details

See Senate Version of this Bill:: S3137
Law Section:: Public Health Law
Laws Affected:: Add §2500-k, amd §§207, 2803-j & 2803-n, Pub Health L; add §3217-g, Ins L
Versions Introduced in 2011-2012 Legislative Session:: S7355

2013-A7667B (ACTIVE) - Summary

Defines maternal depression; requires the provision of maternal depression education, and the provision of a screening and referral plan for the state.

2013-A7667B (ACTIVE) - Bill Text download pdf

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

                                 7667--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2013
                               ___________

Introduced  by  M.  of  A. GOTTFRIED, McDONOUGH, RAIA, GALEF, GUNTHER --
  Multi-Sponsored by -- M. of A. CLARK -- read once and referred to  the
  Committee  on Health -- reported and referred to the Committee on Ways
  and Means -- committee discharged, bill amended, ordered reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN ACT to amend the public health law and the insurance law, in relation
  to  developing  a  maternal depression screening and referral plan for
  the state, and providing maternal depression education

  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
2500-k to read as follows:
  S 2500-K. MATERNAL DEPRESSION.  1.  DEFINITIONS.    AS  USED  IN  THIS
SECTION:
  (A)  "MATERNAL DEPRESSION" MEANS A WIDE RANGE OF EMOTIONAL AND PSYCHO-
LOGICAL REACTIONS A WOMAN  MAY  EXPERIENCE  DURING  PREGNANCY  OR  AFTER
CHILDBIRTH.  THESE  REACTIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, FEEL-
INGS OF DESPAIR OR EXTREME GUILT, PROLONGED  SADNESS,  LACK  OF  ENERGY,
DIFFICULTY  CONCENTRATING,  FATIGUE,  EXTREME  CHANGES  IN APPETITE, AND
THOUGHTS OF SUICIDE OR OF HARMING  THE  BABY.  MATERNAL  DEPRESSION  MAY
INCLUDE PRENATAL DEPRESSION, THE "BABY BLUES," POSTPARTUM DEPRESSION, OR
POSTPARTUM PSYCHOSIS-THE SEVEREST FORM.
  (B)  "MATERNAL HEALTH CARE PROVIDER" MEANS A PHYSICIAN, MIDWIFE, NURSE
PRACTITIONER, OR PHYSICIAN ASSISTANT, OR OTHER HEALTH CARE  PRACTITIONER
ACTING  WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, ATTENDING A PREGNANT
WOMAN OR A WOMAN UP TO ONE YEAR AFTER CHILDBIRTH,  INCLUDING  A  PRACTI-
TIONER ATTENDING THE WOMAN'S CHILD UP TO ONE YEAR AFTER CHILDBIRTH.
  2.  MATERNAL  DEPRESSION SCREENING. (A) THE COMMISSIONER, IN CONSULTA-
TION  WITH  THE  COMMISSIONER  OF   MENTAL   HEALTH,   SHALL   ESTABLISH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01525-06-3

A. 7667--B                          2

EVIDENCE-BASED  GUIDELINES  FOR MATERNAL DEPRESSION SCREENING FOR USE BY
MATERNAL HEALTH CARE PROVIDERS AND PEDIATRIC PRIMARY CARE PROVIDERS.  IN
DEVELOPING  GUIDELINES  UNDER  THIS  SECTION,  THE  COMMISSIONER AND THE
COMMISSIONER  OF MENTAL HEALTH SHALL CONSULT APPROPRIATE MATERNAL HEALTH
CARE PROVIDERS. SUCH GUIDELINES SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE IDENTIFICATION OF SUGGESTED VALIDATED, EVIDENCE-BASED DIAGNOS-
TIC TOOLS TO BE USED FOR MATERNAL DEPRESSION SCREENING;
  (II) THE ROUTINE  EMPLOYMENT  OF  VALIDATED,  EVIDENCE-BASED  MATERNAL
DEPRESSION  SCREENING  TOOLS  AT  REGULAR INTERVALS DURING PREGNANCY AND
AFTER CHILDBIRTH; AND
  (III) AN APPROPRIATE  REFERRAL  MECHANISM  FOR  PATIENTS  WHO  REQUIRE
FURTHER EVALUATION, SERVICES, OR TREATMENT.
  (B)  MATERNAL  DEPRESSION  SCREENING AND REFERRAL MAY INCLUDE COMMUNI-
CATION WITH THE FATHER OF THE CHILD AND OTHER FAMILY MEMBERS, AS  APPRO-
PRIATE AND CONSISTENT WITH PATIENT CONFIDENTIALITY.
  3. REFERRALS FOR MATERNAL DEPRESSION TREATMENT. THE COMMISSIONER SHALL
MAKE AVAILABLE A LIST OF PROVIDERS FOR TREATMENT OF MATERNAL DEPRESSION,
INCLUDING  SUPPORT GROUPS AND SERVICES PROVIDED BY NOT-FOR-PROFIT ORGAN-
IZATIONS.
  4. THE COMMISSIONER SHALL MAKE ANY REGULATIONS NECESSARY TO  IMPLEMENT
THIS SECTION.
  S  2. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (i) to read as follows:
  (I) MATERNAL  DEPRESSION,  INCLUDING  EDUCATION,  SCREENING,  REFERRAL
SERVICES, AND POSSIBLE OPTIONS FOR TREATMENT.
  S  3.  Subdivision  1  of  section 2803-j of the public health law, as
amended by chapter 62 of the  laws  of  1996,  is  amended  to  read  as
follows:
  1. The commissioner shall require that every hospital and birth center
shall  prepare in printed or photocopied form and distribute at the time
of pre-booking directly to each prospective maternity patient and,  upon
request,  to  the  general public an informational leaflet. Such leaflet
shall be designed by the commissioner  and  shall  contain  brief  defi-
nitions  of  maternity  related procedures and practices as specified in
subdivision two of this section and such other material as deemed appro-
priate by the commissioner.  Hospitals and birth centers may also  elect
to  distribute  additional explanatory material along with the maternity
patients informational leaflet. THE COMMISSIONER SHALL MAKE THE INFORMA-
TION LEAFLETS AVAILABLE ON THE DEPARTMENT'S WEBSITE.
  S 4. Subdivision 1-b of section 2803-j of the public  health  law,  as
added by chapter 647 of the laws of 1997, is amended to read as follows:
  1-b. The informational leaflet shall also include information relating
to  the  physical  and  mental  health  of  the  maternity patient after
discharge from the hospital, including, but not limited to,  information
about  MATERNAL  AND  post-partum  depression.  THE  COMMISSIONER  SHALL
PERFORM A REVIEW OF INFORMATION ON MATERNAL AND  POST-PARTUM  DEPRESSION
IN  INFORMATIONAL  LEAFLETS,  IN  COLLABORATION WITH THE COMMISSIONER OF
MENTAL HEALTH, TO EVALUATE THE CONTENTS  FOR  ADDRESSING  ALL  FORMS  OF
MATERNAL  AND  POST-PARTUM  DEPRESSION,  AND  IDENTIFYING  RESOURCES FOR
OBTAINING HELP FOR THE PATIENTS AND THEIR FAMILIES. ALL  INFORMATION  ON
MATERNAL  AND  POST-PARTUM DEPRESSION IN INFORMATIONAL LEAFLETS SHALL BE
MADE AVAILABLE TO PATIENTS IN THE TOP SIX LANGUAGES SPOKEN IN THE STATE,
OTHER THAN ENGLISH, ACCORDING TO THE  LATEST  AVAILABLE  DATA  FROM  THE
UNITED STATES CENSUS BUREAU.

A. 7667--B                          3

  S  5.  Paragraph  (b) of subdivision 1 of section 2803-n of the public
health law, as added by chapter 56 of the laws of 1996,  is  amended  to
read as follows:
  (b)  Maternity  care shall also include, at minimum, parent education,
assistance and training in breast or bottle feeding, EDUCATION ON MATER-
NAL DEPRESSION AND MATERNAL DEPRESSION SCREENING AND REFERRAL,  and  the
performance  of any necessary maternal and newborn clinical assessments.
Notwithstanding this requirement, nothing in this paragraph is  intended
to result in the hospital charging any amount for such services in addi-
tion  to  the  applicable  charge  for  the maternity inpatient hospital
admission.
  S 6. The insurance law is amended by adding a new  section  3217-g  to
read as follows:
  S  3217-G. MATERNAL DEPRESSION SCREENINGS.  NO INSURER SUBJECT TO THIS
ARTICLE SHALL BY CONTRACT, WRITTEN POLICY OR PROCEDURE LIMIT  A  PATIENT
INSURED'S   DIRECT   ACCESS  TO  SCREENING  AND  REFERRAL  FOR  MATERNAL
DEPRESSION FROM A PROVIDER OF  OBSTETRICAL,  GYNECOLOGIC,  OR  PEDIATRIC
SERVICES.
  S 7. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided that (a) section six of this act
shall apply to contracts entered into, amended or delivered on or  after
the  first  of  January  after this act becomes a law; and (b) effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  necessary  for  the  implementation of this act on its effective
date is authorized and directed to be made and completed by the  commis-
sioner of health on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A7667B

Share this bill

Sponsored By

GOTTFRIED

Archive: Last Bill Status - Vetoed by Governor

Bill Amendments

co-Sponsors

David McDonough

Andrew Raia

2013-A7667 - Details

2013-A7667 - Summary

2013-A7667 - Bill Text download pdf

co-Sponsors

David McDonough

Andrew Raia

Sandy Galef

Aileen Gunther

multi-Sponsors

Barbara Clark

2013-A7667A - Details

2013-A7667A - Summary

2013-A7667A - Bill Text download pdf

co-Sponsors

David McDonough

Andrew Raia

Sandy Galef

Aileen Gunther

multi-Sponsors

Barbara Clark

2013-A7667B (ACTIVE) - Details

2013-A7667B (ACTIVE) - Summary

2013-A7667B (ACTIVE) - Bill Text download pdf

Comments