NY State Senate Bill 2009-S6738

Senate Bill S6738

2009-2010 Legislative Session

Directs the department of health to collect and maintain information on premature births and underweight neonates

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Archive: Last Bill Status - In Senate Committee Health Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	referred to health

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2009-S6738 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2507, amd §2500-h, Pub Health L

2009-S6738 (ACTIVE) - Summary

Directs the department of health to collect and maintain information on premature births and underweight neonates; establishes a perinatal advisory council to analyze and report upon such information.

2009-S6738 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6738

 TITLE OF BILL :
An act to amend the public health law, in relation to requiring the
department of health to collect data on premature and underweight
neonates and establishing a perinatal advisory council


 PURPOSE :
This bill will enlist knowledgeable professionals with a history and
expertise in prematurity and neonatology, to analyze, report and make
recommendations to reduce the number of premature and low birth weight
neonates and to improve their care.

 SUMMARY OF PROVISIONS :
Section 1 of the bill creates a new section in public health law
section 2507. paragraph (1) of the section requires the department of
health to collect and maintain certain data on premature and
underweight neonates, including circumstances and type of birth, as
well as maternal and neonate health factors and conditions. paragraph
(2) establishes the perinatal Advisory Council to be the oversight
body for neonatal care in the State of New York. This paragraph
further identifies the size and make-up of the council, the
qualifications for membership, and the manner of appointment.
paragraph (3) provides that the Department of Health shall provide the
perinatal Advisory council access to all data collected pursuant to

this section, as well as data collected from the Statewide perinatal
system pursuant to section 2500-H, and the statewide planning and
Research cooperative system pursuant to section 2816.  The council is
directed to meet at least quarterly in order to analyze and produce a
written report on the data described above.  Such analysis and report
must include, at a minimum, regional analysis, recommendations for
actions to minimize the number of premature births and underweight
neonates, recommendations for quality assurance measures, and
recommendations for establishing standards of risk for the transfer of
neonates to regional Neonatal Care Centers. The Department would be
required to publish a copy of this annual report on its website.

Section 2 of the bill amends paragraph (1) of section 2500-H of the
public health law in order to authorize the Department to release the
data collected under that section to the perinatal Advisory council.

Section 3 sets the effective date.

 EXISTING LAW :
Existing public health law makes no specific provision for the study
of premature and underweight neonates.

 JUSTIFICATION :
The human and financial costs to the state for the care of premature
and low birth weight neonates is immense. Several conditions have been
associated with low birth weight and prematurity, including cerebral
palsy, blindness and even death. In 2001, $13.6 billion of the total
$29.3 billion spent on babies was attributable to babies with
diagnosis of prematurity. The number of premature births continues to
grow. The percentage of babies born preterm has increased more than
20% since 1990. In 2004, nearly 30,000 babies were born preterm in New
York State.  While New York practitioners take pride in providing
state of the art perinatal and neonatal health care, it is important
to take steps to continually improve upon the manner in which health
care is delivered to our most vulnerable.

 LEGISLATIVE HISTORY :
2003/2004 - S.7060
2005/2006 - S.3493
2007/2008 - S.7755
 FISCAL IMPLICATIONS :
To be determined.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S6738 (ACTIVE) - Bill Text download pdf

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

                                  6738

                            I N  S E N A T E

                            February 2, 2010
                               ___________

Introduced  by  Sens. HANNON, DeFRANCISCO, MORAHAN, VOLKER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Health

AN ACT to amend the public health law,  in  relation  to  requiring  the
  department  of  health  to  collect  data on premature and underweight
  neonates and establishing a perinatal advisory council

  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
2507 to read as follows:
  S 2507. REPORTING REQUIREMENTS FOR PREMATURE AND UNDERWEIGHT NEONATES.
1. THE DEPARTMENT SHALL COLLECT AND MAINTAIN DATA PERTAINING  TO  PREMA-
TURE  BIRTHS  AND UNDERWEIGHT NEONATES.  THE PERINATAL ADVISORY COUNCIL,
ESTABLISHED BY SUBDIVISION TWO OF THIS SECTION, IN CONSULTATION WITH THE
COMMISSIONER, SHALL DETERMINE WHAT DATA SHALL BE  COLLECTED,  BUT  AT  A
MINIMUM SUCH DATA SHALL INCLUDE:  THE CIRCUMSTANCES, AND TYPES OF BIRTH,
MATERNAL  AND  NEONATE HEALTH FACTORS AND CONDITIONS. WITHIN ONE HUNDRED
EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT  SHALL
PROMULGATE  ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE REPORT-
ING AND RECEIPT OF DATA REQUIREMENTS DESCRIBED IN THIS SUBDIVISION.
  2. THE PERINATAL ADVISORY COUNCIL IS HEREBY ESTABLISHED AND  SHALL  BE
THE OVERSIGHT BODY FOR NEONATAL CARE IN THE STATE. SUCH COUNCIL SHALL BE
COMPOSED OF NINE MEMBERS WHO SHALL BE APPOINTED IN THE FOLLOWING MANNER:
TWO  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE
BY THE MINORITY LEADER OF THE SENATE; TWO  SHALL  BE  APPOINTED  BY  THE
SPEAKER  OF THE ASSEMBLY AND ONE BY THE MINORITY LEADER OF THE ASSEMBLY;
AND TWO SHALL BE APPOINTED BY THE GOVERNOR. THE COMMISSIONER, OR HIS  OR
HER DESIGNEE FROM AMONGST DEPARTMENT EMPLOYEES, SHALL SERVE AS THE NINTH
MEMBER  OF THE COUNCIL AND SHALL ALSO BE THE CHAIRPERSON OF THE COUNCIL.
THE COUNCIL MEMBERS SHALL BE GEOGRAPHICALLY REPRESENTATIVE OF THE STATE.
ELIGIBLE CANDIDATES FOR THE COUNCIL SHALL BE ONE, BUT SHALL  INCLUDE  NO
MORE THAN TWO OF EACH, OF THE FOLLOWING: A PHYSICIAN, SPECIALIST ASSIST-
ANT, PHYSICIAN ASSISTANT, NURSE, NURSE PRACTITIONER OR MIDWIFE, WHO BOTH
SPECIALIZES  IN  NEONATOLOGY  AND IS LICENSED TO PRACTICE IN NEW YORK, A

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

                                                           LBD15424-01-0

S. 6738                             2

NEONATAL RESEARCH SPECIALIST, AN EPIDEMIOLOGIST, AND A UNIVERSITY FACUL-
TY MEMBER WITH EXPERTISE IN BIOSTATISTICS, PUBLIC  HEALTH,  RESEARCH  OR
DATA  COLLECTION. AT LEAST ONE OF THE APPOINTMENTS MADE BY THE TEMPORARY
PRESIDENT  OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY AND THE GOVERNOR
SHALL BE A MEMBER OF A NATIONALLY RECOGNIZED  ORGANIZATION  SPECIALIZING
IN  RESEARCH  AND  ADVOCACY REGARDING PREMATURITY, BIRTH DEFECTS AND LOW
BIRTHWEIGHT ISSUES.
  3. (A) THE PERINATAL ADVISORY COUNCIL SHALL HAVE ACCESS  TO  ALL  DATA
COLLECTED  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION, AS WELL AS TO
DATA COLLECTED AND MAINTAINED BY THE  DEPARTMENT  PURSUANT  TO  SECTIONS
TWENTY-FIVE  HUNDRED-H OF THIS TITLE AND TWENTY-EIGHT HUNDRED SIXTEEN OF
THIS CHAPTER.
  (B) THE PERINATAL  ADVISORY  COUNCIL  SHALL  MEET  QUARTERLY  OR  MORE
FREQUENTLY, IF ITS BUSINESS SHALL REQUIRE, TO ANALYZE THE DATA DESCRIBED
IN  PARAGRAPH  (A) OF THIS SUBDIVISION AND FILE A WRITTEN REPORT THEREON
ON OR BEFORE THE FIRST DAY OF FEBRUARY OF EACH YEAR WITH  THE  TEMPORARY
PRESIDENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE GOVERNOR, THE
PUBLIC HEALTH COUNCIL, AND THE STATE HOSPITAL REVIEW AND PLANNING  COUN-
CIL.  SUCH  ANALYSIS AND SUBSEQUENT REPORT SHALL INCLUDE REGIONAL ANALY-
SIS, RECOMMENDATIONS FOR ACTIONS TO MINIMIZE  THE  NUMBER  OF  PREMATURE
BIRTHS  AND  UNDERWEIGHT NEONATES, RECOMMENDATIONS FOR QUALITY ASSURANCE
MEASURES, THE NEED FOR THE DEVELOPMENT AND FOR ESTABLISHMENT OF REGIONAL
NEONATAL CARE CENTERS AND ANY OTHER INFORMATION THE COUNCIL DEEMS APPRO-
PRIATE TO CONSIDER AND INCLUDE. A COPY OF SUCH REPORT SHALL BE PUBLISHED
ON THE DEPARTMENT'S INTERNET WEBSITE.
  (C) THE MEMBERS OF THE PERINATAL ADVISORY  COUNCIL  SHALL  RECEIVE  NO
COMPENSATION  FOR  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  S 2. Subdivision 1 of section 2500-h of  the  public  health  law,  as
added by chapter 314 of the laws of 2007, is amended to read as follows:
  1.  In  order  to support quality care at all hospitals with obstetric
services, the department is authorized to provide de-identified informa-
tion for all births at each affiliate hospital in each regional  perina-
tal  center's network to the regional perinatal center [and], the affil-
iate AND THE PERINATAL ADVISORY COUNCIL, except  that  such  information
shall  include  zip  code and a unique identifier such as medical record
number.
  S 3. This act shall take effect immediately.

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Senate Bill S6738

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