The New York State Senate

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

                                  9610

                          I N  A S S E M B L Y

                              May 12, 2014
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law and the insurance law, in relation
  to the provision of maternal depression  education,  screening  guide-
  lines, and referrals for treatment

  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
2500-k to read as follows:
  S  2500-K.  MATERNAL  DEPRESSION.  1.  DEFINITIONS.  AS  USED  IN THIS
SECTION:
  (A) "MATERNAL DEPRESSION" MEANS A WIDE RANGE OF EMOTIONAL AND  PSYCHO-
LOGICAL  REACTIONS  A  WOMAN  MAY  EXPERIENCE  DURING PREGNANCY OR AFTER
CHILDBIRTH. THESE REACTIONS MAY INCLUDE, BUT ARE NOT LIMITED  TO,  FEEL-
INGS  OF  DESPAIR  OR  EXTREME GUILT, PROLONGED SADNESS, LACK OF ENERGY,
DIFFICULTY CONCENTRATING, FATIGUE,  EXTREME  CHANGES  IN  APPETITE,  AND
THOUGHTS  OF  SUICIDE  OR  OF  HARMING THE BABY. MATERNAL DEPRESSION MAY
INCLUDE PRENATAL DEPRESSION, THE "BABY BLUES," POSTPARTUM DEPRESSION, OR
POSTPARTUM PSYCHOSIS -- THE SEVEREST FORM.
  (B) "MATERNAL HEALTH CARE PROVIDER" MEANS A PHYSICIAN, MIDWIFE,  NURSE
PRACTITIONER,  OR PHYSICIAN ASSISTANT, OR OTHER HEALTH CARE PRACTITIONER
ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, ATTENDING A  PREGNANT
WOMAN  OR  A  WOMAN UP TO ONE YEAR AFTER CHILDBIRTH, INCLUDING A PRACTI-
TIONER ATTENDING THE WOMAN'S CHILD UP TO ONE YEAR AFTER CHILDBIRTH.
  2. MATERNAL DEPRESSION INFORMATION. (A) THE COMMISSIONER, IN CONSULTA-
TION WITH THE COMMISSIONER OF MENTAL HEALTH,  SHALL  MAKE  AVAILABLE  TO
MATERNAL  HEALTH  CARE PROVIDERS INFORMATION ON MATERNAL DEPRESSION. THE
INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) A SUMMARY OF THE CURRENT EVIDENCE BASE AND PROFESSIONAL GUIDELINES
FOR MATERNAL DEPRESSION SCREENING;
  (II) VALIDATED, EVIDENCE-BASED TOOLS FOR MATERNAL  DEPRESSION  SCREEN-
ING;
  (III) INFORMATION ABOUT FOLLOW-UP SUPPORT FOR PATIENTS WHO MAY REQUIRE
FURTHER  EVALUATION,  REFERRAL,  OR TREATMENT INCLUDING, WHEN AVAILABLE,

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

                                                           LBD14648-05-4

A. 9610                             2

INFORMATION ABOUT SPECIFIC COMMUNITY RESOURCES AND ENTITIES LICENSED  BY
THE OFFICE OF MENTAL HEALTH; AND
  (IV) INFORMATION ON ENGAGING SUPPORT FOR THE MOTHER, WHICH MAY INCLUDE
COMMUNICATING  WITH  THE  OTHER  PARENT  OF  THE  CHILD AND OTHER FAMILY
MEMBERS, AS APPROPRIATE AND CONSISTENT WITH PATIENT CONFIDENTIALITY.
  (B) THE INFORMATION ON MATERNAL DEPRESSION  SHALL  BE  POSTED  ON  THE
OFFICE'S  WEBSITE.  THE  COMMISSIONER  SHALL,  IN COLLABORATION WITH THE
COMMISSIONER OF MENTAL HEALTH, UPDATE  AND  REVIEW  THE  INFORMATION  ON
MATERNAL DEPRESSION, AS NECESSARY.
  3.  THE COMMISSIONER SHALL MAKE ANY REGULATIONS NECESSARY TO IMPLEMENT
THIS SECTION.
  S 2. Subdivision 1 of section 207 of the public health law is  amended
by adding a new paragraph (j) to read as follows:
  (J)   MATERNAL  DEPRESSION,  INCLUDING  INFORMATION  ABOUT  EDUCATION,
SCREENING, REFERRAL SERVICES, AND POSSIBLE OPTIONS FOR TREATMENT.
  S 3. Subdivision 1 of section 2803-j of  the  public  health  law,  as
amended  by  chapter  62  of  the  laws  of  1996, is amended to read as
follows:
  1. The commissioner shall require that every hospital and birth center
shall prepare in printed or photocopied form and distribute at the  time
of  pre-booking directly to each prospective maternity patient and, upon
request, to the general public an informational  leaflet.  Such  leaflet
shall  be  designed  by  the  commissioner and shall contain brief defi-
nitions of maternity related procedures and practices  as  specified  in
subdivision two of this section and such other material as deemed appro-
priate  by the commissioner.  Hospitals and birth centers may also elect
to distribute additional explanatory material along with  the  maternity
patients informational leaflet. THE COMMISSIONER SHALL MAKE THE INFORMA-
TION CONTAINED IN THE LEAFLET AVAILABLE ON THE DEPARTMENT'S WEBSITE.
  S  4.  Subdivision  1-b of section 2803-j of the public health law, as
added by chapter 647 of the laws of 1997, is amended to read as follows:
  1-b. The informational leaflet shall also include information relating
to the physical  and  mental  health  of  the  maternity  patient  after
discharge  from the hospital, including, but not limited to, information
about [post-partum] MATERNAL depression. THE  COMMISSIONER,  IN  COLLAB-
ORATION  WITH THE COMMISSIONER OF MENTAL HEALTH, SHALL REVIEW AND UPDATE
THE INFORMATION ON MATERNAL DEPRESSION  CONTAINED  IN  THE  LEAFLET,  AS
NECESSARY.  THE  INFORMATIONAL  LEAFLETS  SHALL  BE  MADE  AVAILABLE  TO
PATIENTS IN THE TOP SIX  LANGUAGES  SPOKEN  IN  THE  STATE,  OTHER  THAN
ENGLISH,  ACCORDING  TO THE LATEST AVAILABLE DATA FROM THE UNITED STATES
CENSUS BUREAU.
  S 5. Paragraph (b) of subdivision 1 of section 2803-n  of  the  public
health  law,  as  added by chapter 56 of the laws of 1996, is amended to
read as follows:
  (b) Maternity care shall also include, at minimum,  parent  education,
assistance and training in breast or bottle feeding, EDUCATION ON MATER-
NAL  DEPRESSION,  EDUCATION  ON MATERNAL DEPRESSION SCREENING AND REFER-
RALS, and the performance of any necessary maternal and newborn clinical
assessments.  Notwithstanding this requirement, nothing  in  this  para-
graph is intended to result in the hospital charging any amount for such
services  in  addition  to the applicable charge for the maternity inpa-
tient hospital admission.
  S 6. The insurance law is amended by adding a new  section  3217-g  to
read as follows:
  S  3217-G.  MATERNAL DEPRESSION SCREENINGS. NO INSURER SUBJECT TO THIS
ARTICLE SHALL BY CONTRACT, WRITTEN POLICY OR PROCEDURE LIMIT  A  PATIENT

A. 9610                             3

INSURED'S   DIRECT   ACCESS  TO  SCREENING  AND  REFERRAL  FOR  MATERNAL
DEPRESSION,  AS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION  TWENTY-FIVE
HUNDRED-K  OF  THE  PUBLIC  HEALTH  LAW, FROM A PROVIDER OF OBSTETRICAL,
GYNECOLOGIC,  OR  PEDIATRIC  SERVICES  OF  HER CHOICE; PROVIDED THAT THE
PATIENT INSURED'S CHOICE OF PROVIDER IS SUBJECT TO THE TERMS AND  CONDI-
TIONS OF THE POLICY UNDER WHICH THE PATIENT INSURED IS COVERED.
  S  7.  The  insurance law is amended by adding a new section 4306-f to
read as follows:
  S 4306-F. MATERNAL DEPRESSION SCREENINGS. NO  CORPORATION  SUBJECT  TO
THIS  ARTICLE  SHALL  BY  CONTRACT,  WRITTEN POLICY OR PROCEDURE LIMIT A
PATIENT INSURED'S DIRECT ACCESS TO SCREENING AND REFERRAL  FOR  MATERNAL
DEPRESSION,  AS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION  TWENTY-FIVE
HUNDRED-K OF THE PUBLIC HEALTH LAW,  FROM  A  PROVIDER  OF  OBSTETRICAL,
GYNECOLOGIC,  OR  PEDIATRIC  SERVICES  OF  HER CHOICE; PROVIDED THAT THE
PATIENT INSURED'S CHOICE OF PROVIDER IS SUBJECT TO THE TERMS AND  CONDI-
TIONS OF THE CONTRACT UNDER WHICH THE PATIENT INSURED IS COVERED.
  S  8.  The public health law is amended by adding a new section 4406-f
to read as follows:
  S 4406-F. MATERNAL DEPRESSION SCREENINGS. NO HEALTH MAINTENANCE ORGAN-
IZATION SUBJECT TO THIS ARTICLE SHALL BY  CONTRACT,  WRITTEN  POLICY  OR
PROCEDURE  LIMIT  A  PATIENT  ENROLLEE'S  DIRECT ACCESS TO SCREENING AND
REFERRAL FOR MATERNAL DEPRESSION,  AS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  TWENTY-FIVE  HUNDRED-K  OF  THIS  CHAPTER,  FROM  A PROVIDER OF
OBSTETRICAL, GYNECOLOGIC, OR PEDIATRIC SERVICES OF HER CHOICE;  PROVIDED
THAT  THE  PATIENT  INSURED'S CHOICE OF PROVIDER IS SUBJECT TO THE TERMS
AND CONDITIONS OF THE PLAN UNDER WHICH THE PATIENT ENROLLEE IS COVERED.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that (a) sections  six,  seven  and
eight  of  this  act  shall  apply to all policies and contracts issued,
renewed, modified, altered, amended or delivered on or after  the  first
of  January after this act becomes a law; and (b) effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary for the implementation of this act on its effective date is author-
ized to be made and completed by the commissioner of health on or before
such effective date.

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

                                 9610--A
                                                        Cal. No. 870

                          I N  A S S E M B L Y

                              May 12, 2014
                               ___________

Introduced by M. of A. GOTTFRIED, ORTIZ -- read once and referred to the
  Committee  on Health -- reported and referred to the Committee on Ways
  and Means -- passed by Assembly and delivered to the Senate,  recalled
  from  the  Senate, vote reconsidered, bill amended, ordered reprinted,
  retaining its place on the order of third reading

AN ACT to amend the public health law and the insurance law, in relation
  to the provision of maternal depression  education,  screening  guide-
  lines, and referrals for treatment

  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
2500-k to read as follows:
  S  2500-K.  MATERNAL  DEPRESSION.  1.  DEFINITIONS.  AS  USED  IN THIS
SECTION:
  (A) "MATERNAL DEPRESSION" MEANS A WIDE RANGE OF EMOTIONAL AND  PSYCHO-
LOGICAL  REACTIONS  A  WOMAN  MAY  EXPERIENCE  DURING PREGNANCY OR AFTER
CHILDBIRTH. THESE REACTIONS MAY INCLUDE, BUT ARE NOT LIMITED  TO,  FEEL-
INGS  OF  DESPAIR  OR  EXTREME GUILT, PROLONGED SADNESS, LACK OF ENERGY,
DIFFICULTY CONCENTRATING, FATIGUE,  EXTREME  CHANGES  IN  APPETITE,  AND
THOUGHTS  OF  SUICIDE  OR  OF  HARMING THE BABY. MATERNAL DEPRESSION MAY
INCLUDE PRENATAL DEPRESSION, THE "BABY BLUES," POSTPARTUM DEPRESSION, OR
POSTPARTUM PSYCHOSIS -- THE SEVEREST FORM.
  (B) "MATERNAL HEALTH CARE PROVIDER" MEANS A PHYSICIAN, MIDWIFE,  NURSE
PRACTITIONER,  OR PHYSICIAN ASSISTANT, OR OTHER HEALTH CARE PRACTITIONER
ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, ATTENDING A  PREGNANT
WOMAN  OR  A  WOMAN UP TO ONE YEAR AFTER CHILDBIRTH, INCLUDING A PRACTI-
TIONER ATTENDING THE WOMAN'S CHILD UP TO ONE YEAR AFTER CHILDBIRTH.
  2. MATERNAL DEPRESSION INFORMATION. (A) THE COMMISSIONER, IN CONSULTA-
TION WITH THE COMMISSIONER OF MENTAL HEALTH,  SHALL  MAKE  AVAILABLE  TO
MATERNAL  HEALTH  CARE PROVIDERS INFORMATION ON MATERNAL DEPRESSION. THE
INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) A SUMMARY OF THE CURRENT EVIDENCE BASE AND PROFESSIONAL GUIDELINES
FOR MATERNAL DEPRESSION SCREENING;

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

                                                           LBD14648-09-4

A. 9610--A                          2

  (II) VALIDATED, EVIDENCE-BASED TOOLS FOR MATERNAL  DEPRESSION  SCREEN-
ING;
  (III) INFORMATION ABOUT FOLLOW-UP SUPPORT FOR PATIENTS WHO MAY REQUIRE
FURTHER  EVALUATION,  REFERRAL,  OR TREATMENT INCLUDING, WHEN AVAILABLE,
INFORMATION ABOUT SPECIFIC COMMUNITY RESOURCES AND ENTITIES LICENSED  BY
THE OFFICE OF MENTAL HEALTH; AND
  (IV) INFORMATION ON ENGAGING SUPPORT FOR THE MOTHER, WHICH MAY INCLUDE
COMMUNICATING  WITH  THE  OTHER  PARENT  OF  THE  CHILD AND OTHER FAMILY
MEMBERS, AS APPROPRIATE AND CONSISTENT WITH PATIENT CONFIDENTIALITY.
  (B) THE INFORMATION ON MATERNAL DEPRESSION  SHALL  BE  POSTED  ON  THE
DEPARTMENT'S  WEBSITE. THE COMMISSIONER SHALL, IN COLLABORATION WITH THE
COMMISSIONER OF MENTAL HEALTH, UPDATE  AND  REVIEW  THE  INFORMATION  ON
MATERNAL DEPRESSION, AS NECESSARY.
  3.  THE COMMISSIONER SHALL MAKE ANY REGULATIONS NECESSARY TO IMPLEMENT
THIS SECTION.
  S 2. Subdivision 1 of section 207 of the public health law is  amended
by adding a new paragraph (j) to read as follows:
  (J)   MATERNAL  DEPRESSION,  INCLUDING  INFORMATION  ABOUT  EDUCATION,
SCREENING, REFERRAL SERVICES, AND POSSIBLE OPTIONS FOR TREATMENT.
  S 3. Subdivision 1 of section 2803-j of  the  public  health  law,  as
amended  by  chapter  62  of  the  laws  of  1996, is amended to read as
follows:
  1. The commissioner shall require that every hospital and birth center
shall prepare in printed or photocopied form and distribute at the  time
of  pre-booking directly to each prospective maternity patient and, upon
request, to the general public an informational  leaflet.  Such  leaflet
shall  be  designed  by  the  commissioner and shall contain brief defi-
nitions of maternity related procedures and practices  as  specified  in
subdivision two of this section and such other material as deemed appro-
priate  by the commissioner.  Hospitals and birth centers may also elect
to distribute additional explanatory material along with  the  maternity
patients informational leaflet. THE COMMISSIONER SHALL MAKE THE INFORMA-
TION CONTAINED IN THE LEAFLET AVAILABLE ON THE DEPARTMENT'S WEBSITE.
  S  4.  Subdivision  1-b of section 2803-j of the public health law, as
added by chapter 647 of the laws of 1997, is amended to read as follows:
  1-b. The informational leaflet shall also include information relating
to the physical  and  mental  health  of  the  maternity  patient  after
discharge  from the hospital, including, but not limited to, information
about [post-partum] MATERNAL depression. THE  COMMISSIONER,  IN  COLLAB-
ORATION  WITH THE COMMISSIONER OF MENTAL HEALTH, SHALL REVIEW AND UPDATE
THE INFORMATION ON MATERNAL DEPRESSION  CONTAINED  IN  THE  LEAFLET,  AS
NECESSARY.  THE  INFORMATIONAL  LEAFLETS  SHALL  BE  MADE  AVAILABLE  TO
PATIENTS IN THE TOP SIX  LANGUAGES  SPOKEN  IN  THE  STATE,  OTHER  THAN
ENGLISH,  ACCORDING  TO THE LATEST AVAILABLE DATA FROM THE UNITED STATES
CENSUS BUREAU.
  S 5. Paragraph (b) of subdivision 1 of section 2803-n  of  the  public
health  law,  as  added by chapter 56 of the laws of 1996, is amended to
read as follows:
  (b) Maternity care shall also include, at minimum,  parent  education,
assistance and training in breast or bottle feeding, EDUCATION ON MATER-
NAL  DEPRESSION,  EDUCATION  ON MATERNAL DEPRESSION SCREENING AND REFER-
RALS, and the performance of any necessary maternal and newborn clinical
assessments.  Notwithstanding this requirement, nothing  in  this  para-
graph is intended to result in the hospital charging any amount for such
services  in  addition  to the applicable charge for the maternity inpa-
tient hospital admission.

A. 9610--A                          3

  S 6. The insurance law is amended by adding a new  section  3217-g  to
read as follows:
  S  3217-G.  MATERNAL  DEPRESSION  SCREENINGS.  TO  THE EXTENT A POLICY
PROVIDES COVERAGE FOR MATERNAL DEPRESSION SCREENING, NO INSURER  SUBJECT
TO  THIS  ARTICLE SHALL BY CONTRACT, WRITTEN POLICY OR PROCEDURE LIMIT A
PATIENT INSURED'S DIRECT ACCESS TO SCREENING AND REFERRAL  FOR  MATERNAL
DEPRESSION,  AS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION  TWENTY-FIVE
HUNDRED-K OF THE PUBLIC HEALTH LAW,  FROM  A  PROVIDER  OF  OBSTETRICAL,
GYNECOLOGIC,  OR  PEDIATRIC  SERVICES  OF  HER CHOICE; PROVIDED THAT THE
PATIENT INSURED'S CHOICE OF PROVIDER IS SUBJECT TO THE TERMS AND  CONDI-
TIONS OF THE POLICY UNDER WHICH THE PATIENT INSURED IS COVERED.
  S  7.  The  insurance law is amended by adding a new section 4306-f to
read as follows:
  S 4306-F. MATERNAL DEPRESSION SCREENINGS. TO  THE  EXTENT  A  CONTRACT
PROVIDES  COVERAGE  FOR  MATERNAL  DEPRESSION  SCREENING, NO CORPORATION
SUBJECT TO THIS ARTICLE SHALL BY CONTRACT, WRITTEN POLICY  OR  PROCEDURE
LIMIT  A  PATIENT  INSURED'S DIRECT ACCESS TO SCREENING AND REFERRAL FOR
MATERNAL  DEPRESSION,  AS  DEFINED  IN  SUBDIVISION   ONE   OF   SECTION
TWENTY-FIVE  HUNDRED-K  OF  THE  PUBLIC  HEALTH  LAW, FROM A PROVIDER OF
OBSTETRICAL, GYNECOLOGIC, OR PEDIATRIC SERVICES OF HER CHOICE;  PROVIDED
THAT  THE  PATIENT  INSURED'S CHOICE OF PROVIDER IS SUBJECT TO THE TERMS
AND CONDITIONS OF THE  CONTRACT  UNDER  WHICH  THE  PATIENT  INSURED  IS
COVERED.
  S  8.  The public health law is amended by adding a new section 4406-f
to read as follows:
  S 4406-F.  MATERNAL  DEPRESSION  SCREENINGS.  TO  THE  EXTENT  A  PLAN
PROVIDES  COVERAGE  FOR MATERNAL DEPRESSION SCREENING, NO HEALTH MAINTE-
NANCE ORGANIZATION SUBJECT TO THIS ARTICLE SHALL  BY  CONTRACT,  WRITTEN
POLICY  OR PROCEDURE LIMIT A PATIENT ENROLLEE'S DIRECT ACCESS TO SCREEN-
ING AND REFERRAL FOR MATERNAL DEPRESSION, AS DEFINED IN SUBDIVISION  ONE
OF  SECTION  TWENTY-FIVE  HUNDRED-K  OF THIS CHAPTER, FROM A PROVIDER OF
OBSTETRICAL, GYNECOLOGIC, OR PEDIATRIC SERVICES OF HER CHOICE;  PROVIDED
THAT  THE  PATIENT ENROLLEE'S CHOICE OF PROVIDER IS SUBJECT TO THE TERMS
AND CONDITIONS OF THE PLAN UNDER WHICH THE PATIENT ENROLLEE IS COVERED.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that (a) sections  six,  seven  and
eight  of  this  act  shall  apply to all policies and contracts issued,
renewed, modified, altered, amended or delivered on or after  the  first
of  January after this act becomes a law; and (b) effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary for the implementation of this act on its effective date is author-
ized to be made and completed by the commissioner of health on or before
such effective date.