The New York State Senate

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

                                  5612

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2011
                               ___________

Introduced by M. of A. GIBSON -- read once and referred to the Committee
  on Social Services

AN  ACT  to  amend  the social services law, in relation to establishing
  mandatory minimum  medicaid  coverage  for  hospital  confinement  for
  childbirth

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

  Section 1. Section 365-a of the social  services  law  is  amended  by
adding a new subdivision 6-a to read as follows:
  6-A.  MEDICAID  ASSISTANCE SHALL ALSO INCLUDE, FOR MOTHER AND NEWBORN,
COVERAGE OF HOSPITAL CONFINEMENT OF AT LEAST FORTY-EIGHT HOURS FOLLOWING
A VAGINAL DELIVERY AND AT LEAST NINETY-SIX HOURS FOLLOWING  A  CAESAREAN
SECTION.    NOTWITHSTANDING  THE  ABOVE,  A SOCIAL SERVICES DISTRICT MAY
PROVIDE COVERAGE FOR A SHORTER PERIOD OF HOSPITAL  CONFINEMENT  PROVIDED
THAT:
  (A)  THE  MOTHER  IN  HER  SOLE DISCRETION, EXERCISES THE OPTION TO BE
DISCHARGED FROM THE HOSPITAL EARLIER THAN THE TIME PERIOD STATED  ABOVE;
AND
  (B)  THE  TREATING  PHYSICIAN,  IN  ACCORDANCE WITH GENERALLY ACCEPTED
MEDICAL STANDARDS, HAS DETERMINED THAT THE MOTHER AND NEWBORN ARE  READY
FOR DISCHARGE; AND
  (C) POST-DISCHARGE FOLLOW-UP INCLUDES AT LEAST ONE HOME VISIT PROVIDED
WITHIN TWENTY-FOUR HOURS OF DISCHARGE BY A LICENSED HEALTH CARE PROVIDER
WHOSE  SCOPE  OF  PRACTICE  INCLUDES  PROVIDING POSTPARTUM CARE AND SUCH
OTHER HOME VISITS AS ARE  DEEMED  APPROPRIATE.  COVERAGE  OF  SUCH  HOME
VISITS  SHALL  INCLUDE,  AT  A MINIMUM, PARENT EDUCATION, ASSISTANCE AND
TRAINING IN BREAST OR BOTTLE FEEDING AND THE PERFORMANCE OF  ANY  NECES-
SARY  MATERNAL AND NEWBORN PHYSICAL ASSESSMENTS AND SHALL BE IN ADDITION
TO, RATHER THAN IN LIEU OF, ANY  HOME  HEALTH  CARE  COVERAGE  OTHERWISE
AVAILABLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

                                                           LBD02344-01-1