Assembly Bill A414A

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

                                 414--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. PAULIN, CLARK, GUNTHER, KAVANAGH, MAISEL, ROSEN-
  THAL, JAFFEE, ENGLEBRIGHT, GOTTFRIED -- Multi-Sponsored by -- M. of A.
  BOYLAND, GALEF, JACOBS, LIFTON, LUPARDO, McDONOUGH,  MILLMAN,  TITONE,
  WEISENBERG  --  read  once  and referred 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04691-06-3
              

A. 414--A                           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 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.