Assembly Bill A759

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

                                   759

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PAULIN, BING, CLARK, DelMONTE, GUNTHER, KAVANAGH,
  MAISEL,  ROSENTHAL, JAFFEE, ENGLEBRIGHT -- Multi-Sponsored by -- M. of
  A. BOYLAND, DESTITO, GALEF, JACOBS, JOHN, KOON, LIFTON, LUPARDO, PHEF-
  FER, TITONE, TOWNS, WEISENBERG  --  read  once  and  referred  to  the
  Committee on Health

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

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

                                                           LBD01421-01-9

A. 759                              2

LATE  PRETERM  BIRTHS,  TRIAL OF LABOR AND VAGINAL BIRTHS AFTER CESAREAN
BIRTHS, PRIMARY, ELECTIVE OR REPEAT CESAREAN BIRTHS, AND  STRATEGIES  TO
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 on the one hundred twentieth day 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 effec-
tive date. The commissioner of health and the superintendent  of  insur-
ance  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.