senate Bill S1674A

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

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 21 / Feb / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 21 / Feb / 2013
    • PRINT NUMBER 1674A
  • 07 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 06 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

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

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A414A
Versions:
S1674
S1674A
Legislative Cycle:
2013-2014
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:
2011-2012: S5153B, A344B
2009-2010: A759, A759
2007-2008: A8125B, A8125B

Votes

12
0
12
Aye
0
Nay
3
aye with reservations
0
absent
1
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S1674A

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 course

PURPOSE: 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 risks and strategies
to fully inform patients of 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 a risk reduction course may receive continuing
medical education credit and a certificate of completion. Topics to be
included in such course are provided. Attendance at any course
approved by the commissioner may be in person or through distance
learning methods. The commissioner is authorized to prescribe any
rules and regulations necessary and shall consult with the
Superintendent of Financial Services.

Section two amends section 2343 of the insurance law by amending
subsection (e) that provides that the superintendent shall approve
upon review an actuarially appropriate premium reduction for an
insured physician or licensed midwife who successfully completes a
risk management course or a risk management course in obstetrics and
midwifery.

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 of each birth
option as well as considerations regarding options for labor. For
example, cesarean delivery has been show 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. 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 current, evidence-based
information regarding options for labor and delivery, including
factors to be considered potential risks. This 12) bill will provide
eligible physicians and licensed midwives with the opportunity,
through approved professional risk management strategies in obstetrics
and midwifery 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.


Obstetrics and gynecology is considered among the specialties at
highest risk for malpractice claims and most severely affected by
rising insurance premiums. The increases in medical malpractice
premiums discourage licensed midwives from practicing in New York
State and have caused many ob-gyns to retire early, drop high-risk
obstetric patients, or to drop obstetric services altogether.

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. S. 5153B of
2011-2012 Committed to the Senate Finance Committee.

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
________________________________________________________________________

                                 1674--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 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  AND  MIDWIFERY
COURSES.  1.  IN  ORDER TO IMPROVE PATIENT SAFETY, BIRTH OUTCOMES AND TO
PROMOTE INFORMED CONSULTATION BY  PATIENTS  WITH  THEIR  PHYSICIANS  AND
LICENSED MIDWIVES DURING THE PRENATAL THROUGH INTRAPARTUM AND POSTPARTUM
PERIODS,  THE  COMMISSIONER SHALL APPROVE PROFESSIONAL EDUCATION COURSES
FOR ELIGIBLE PHYSICIANS AND LICENSED MIDWIVES AS PROVIDED IN SUBDIVISION
FOUR OF THIS SECTION THAT COVERS RISK MANAGEMENT STRATEGIES  IN  OBSTET-
RICS AND MIDWIFERY AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUCH
RISK MANAGEMENT STRATEGIES COURSES 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  CONGRESS  OF
OBSTETRICIANS  AND GYNECOLOGISTS, NEW YORK STATE ASSOCIATION OF LICENSED
MIDWIVES AND OTHER HEALTH CARE ORGANIZATIONS. AN ELIGIBLE  PHYSICIAN  OR
LICENSED MIDWIFE WHO SUCCESSFULLY COMPLETES SUCH RISK MANAGEMENT STRATE-
GIES  COURSE  PURSUANT  TO THIS SECTION SHALL RECEIVE CONTINUING MEDICAL
EDUCATION CREDIT AND A CERTIFICATE OF COMPLETION.
  2.  COURSES ON RISK MANAGEMENT STRATEGIES DURING THE PRENATAL  THROUGH
INTRAPARTUM AND POSTPARTUM PERIODS SHALL PROMOTE EVIDENCE-BASED CLINICAL
GUIDELINES  AND  PATIENT  SAFETY  PROTOCOLS  FROM BOTH THE MIDWIFERY AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04691-07-3

S. 1674--A                          2

OBSTETRICAL PERSPECTIVES. OPTIONS FOR COURSES SHOULD BE APPROPRIATE  FOR
THE  RESPECTIVE  PROFESSION  AND  MAY  INCLUDE INFORMATION AND EDUCATION
ADDRESSING RISKS ASSOCIATED WITH THE PRACTICE OF OBSTETRICS AND  MIDWIF-
ERY.  COURSE  OPTIONS  MAY  INCLUDE ISSUES SUCH AS: METHODS TO ELIMINATE
NON-MEDICALLY INDICATED (ELECTIVE) DELIVERIES PRIOR TO THIRTY-NINE WEEKS
GESTATION INCLUDING THE NEONATAL IMPACT OF LATE PRETERM BIRTHS;  VAGINAL
BIRTHS  AFTER CESAREAN BIRTHS AND THE APPLICABILITY TO A TRIAL OF LABOR;
REDUCTIONS IN CESAREAN BIRTHS; MONITORING OF FETAL  WELL-BEING;  MANAGE-
MENT  OF  PAIN IN LABOR; MANAGEMENT OF MATERNAL HEMORRHAGE, HYPERTENSIVE
CRISIS, VAGINAL BREECH AND PREVENTION OF SHOULDER  DYSTOCIA;  AND  OTHER
EVIDENCE-BASED  GUIDELINE  DETERMINED  ISSUES  THAT IMPROVE THE CARE AND
OUTCOMES OF WOMEN.
  3. 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.
  4. 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 COURSE.
  5. THE COMMISSIONER IS AUTHORIZED TO PRESCRIBE  ANY  RULES  AND  REGU-
LATIONS  NECESSARY  TO IMPLEMENT THIS SECTION. IN PRESCRIBING SUCH RULES
AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER  THE  RULES  AND  REGU-
LATIONS PROMULGATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT
TO  SUBSECTION  (E) OF SECTION TWO THOUSAND THREE HUNDRED FORTY-THREE OF
THE INSURANCE LAW AND MAY CONSULT WITH THE SUPERINTENDENT  OF  FINANCIAL
SERVICES.
  S  2. Subsection (e) of section 2343 of the insurance law, as added by
chapter 642 of the laws of 1990, is amended to read as follows:
  (e) The superintendent may approve an ACTUARIALLY appropriate  premium
reduction  for an insured physician OR LICENSED MIDWIFE who successfully
completes a risk management course OR A COURSE AUTHORIZED BY THE COMMIS-
SIONER OF HEALTH UNDER SECTION TWO THOUSAND FIVE HUNDRED  SIX-A  OF  THE
PUBLIC  HEALTH LAW, which must be approved by the superintendent subject
to such standards as the superintendent may prescribe by regulation.  In
prescribing  such  regulation  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.