Senate Bill S5153B

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2012	print number 5153b
Jun 13, 2012	amend (t) and recommit to finance
May 15, 2012	reported and committed to finance
Jan 04, 2012	referred to health
May 19, 2011	print number 5153a
May 19, 2011	amend and recommit to health
May 03, 2011	referred to health

Votes

- May 15, 2012 - Health Committee Vote
  S5153B
  
  Aye
  
  15
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: May 15, 2012
      
      aye (15)
      
      Ball
      
      Duane
      
      Farley
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Rivera
      
      Seward
      
      Smith
      
      Stewart-Cousins
      
      Young
      
      aye wr (2)
      
      Adams
      
      Peralta

Bill Amendments

Original

B (Active)

2011-S5153 - Details

See Assembly Version of this Bill:: A344
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Add §2506-a, Pub Health L; amd §2343, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A759
2013-2014: S1674, A414
2015-2016: S4488, A115
2017-2018: S3705, A275
2019-2020: S3158, A568
2021-2022: S3010, A8392
2023-2024: S6652, A3241
2025-2026: S2228

2011-S5153 - Summary

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

2011-S5153 - Sponsor Memo

                                BILL NUMBER:S5153

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 obstetrics 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 benefits and risks and strategies to fully inform patients
of the benefits and 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 such course shall receive continuing medical
education credit and a certificate of completion. Topics to be
included in such course are provided. The commissioner shall

determine the maximum fee for such course which shall be set forth in
regulations. Attendance at any course approved by the commissioner
may be in person or through distance learning methods.

Section two amends section 2343 of the insurance law by adding a new
subsection (f) that provides that the superintendent shall approve an
appropriate premium reduction for an insured physician or licensed
midwife who receives a certificate of completion of a risk management
strategies in obstetrics course. The superintendent shall promulgate
rules and regulations, which may be amended from time to time,
necessary to implement the establishment of an appropriate premium
reduction and may consult with the commissioner of health.

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 and benefits of
each birth option as well as considerations regarding options for
labor. For example, cesarean delivery has been shown 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, Yet
the rate of cesarean births has increased worldwide as well as in the
United States. Nationwide, the percentage of cesarean births
increased from 7% in 1970 to 32% in 2007. In 2007, in New York City
the average rate of
cesarean births was 32%, with one hospital reporting a rate of 45%. In
Westchester County, the average rate of cesarean births for that year


was 43%, with one hospital reporting a rate of 53%. These reported
rates far exceed the rate of 15% recommended by the Centers for
Disease Control and the World Health Organization. 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 up-to-date information regarding
options for labor and delivery, including factors to be considered,
potential benefits and risks.
This bill will provide eligible physicians and licensed midwives with
the opportunity, through approved professional risk management
strategies in obstetrics 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. 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.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
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 effective date.

2011-S5153 - Bill Text download pdf

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

                                  5153

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00315-01-1

S. 5153                             2

  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.

2011-S5153A - Details

See Assembly Version of this Bill:: A344
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Add §2506-a, Pub Health L; amd §2343, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A759
2013-2014: S1674, A414
2015-2016: S4488, A115
2017-2018: S3705, A275
2019-2020: S3158, A568
2021-2022: S3010, A8392
2023-2024: S6652, A3241
2025-2026: S2228

2011-S5153A - Summary

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

2011-S5153A - Sponsor Memo

                                BILL NUMBER:S5153A

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 obstetrics course

PURPOSE OR GENERAL IDEA OF BILL:
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 benefits and risks and strategies to fully inform patients
of the benefits and 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 such course shall receive continuing medical
education credit and a certificate of completion. Topics to be

included in such course are provided. The commissioner shall
determine the maximum fee for such course which shall be set forth in
regulations. Attendance at any course approved by the commissioner
may be in person or through distance learning methods.

Section two amends section 2343 of the insurance law by adding a new
subsection (f) that provides that the superintendent shall approve an
appropriate premium reduction for an insured physician or licensed
midwife who receives a certificate of completion of a risk management
strategies in obstetrics course. The superintendent shall promulgate
rules and regulations, which may be amended from time to time,
necessary to implement the establishment of an appropriate premium
reduction and may consult with the commissioner of health.

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 and benefits of
each birth option as well as considerations regarding options for
labor. For example, cesarean delivery has been shown 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, Yet

the rate of cesarean births has increased worldwide as well as in the
United States. Nationwide, the percentage of cesarean births
increased from 7% in 1970 to 32% in 2007. In 2007, in New York City
the average rate of cesarean births was 32%, with one hospital
reporting a rate of 45%. In Westchester County, the average rate of
cesarean births for that year was
43%, with one hospital reporting a rate of 53%. These reported rates
far exceed the rate of 15% recommended by the Centers for Disease
Control and the World Health Organization. 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
up-to-date information regarding options for labor and delivery,
including factors to be considered, potential benefits and risks.
This bill will provide eligible physicians and licensed midwives with
the opportunity, through approved professional risk management
strategies in obstetrics 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. 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.

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.

2011-S5153A - Bill Text download pdf

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

                                 5153--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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 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
LATE  PRETERM  BIRTHS,  TRIAL OF LABOR AND VAGINAL BIRTHS AFTER CESAREAN
BIRTHS, PRIMARY, ELECTIVE OR REPEAT CESAREAN BIRTHS, AND  STRATEGIES  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00315-03-1

S. 5153--A                          2

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 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.

2011-S5153B (ACTIVE) - Details

See Assembly Version of this Bill:: A344
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Add §2506-a, Pub Health L; amd §2343, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A759
2013-2014: S1674, A414
2015-2016: S4488, A115
2017-2018: S3705, A275
2019-2020: S3158, A568
2021-2022: S3010, A8392
2023-2024: S6652, A3241
2025-2026: S2228

2011-S5153B (ACTIVE) - Summary

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

2011-S5153B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5153B

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 OR GENERAL IDEA OF BILL:

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 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.

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.

2011-S5153B (ACTIVE) - Bill Text download pdf

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

                                 5153--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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 -- recommitted to the Committee on Health in accord-
  ance  with  Senate  Rule  6,  sec.  8  -- reported favorably from said
  committee and committed to  the  Committee  on  Finance  --  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00315-11-2

S. 5153--B                          2

  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
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 who successfully completes a risk
management course[, 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] OR A COURSE AUTHORIZED BY  THE  COMMISSIONER  OF
HEALTH  UNDER  SECTION  TWO  THOUSAND  FIVE  HUNDRED SIX-A OF THE PUBLIC
HEALTH LAW.
  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.

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Senate Bill S5153B

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May 15, 2012 - Health Committee Vote

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Sponsored By

Mark Grisanti

Archive: Last Bill Status - In Senate Committee Finance Committee

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