Assembly Bill A10344

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10344
 
                           I N  A S S E M B L Y
 
                              April 13, 2018
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  establishing
   maternity mortality review boards
 
   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
 2509 to read as follows:
   § 2509. MATERNAL MORTALITY REVIEW BOARD. 1. (A) THERE IS HEREBY ESTAB-
 LISHED  IN  THE  DEPARTMENT  THE MATERNAL MORTALITY REVIEW BOARD FOR THE
 PURPOSE OF REVIEWING MATERNAL DEATHS AND SEVERE MATERNAL MORBIDITY.  THE
 BOARD  SHALL  ASSESS THE CAUSE OF DEATH AND FACTORS LEADING TO DEATH AND
 PREVENTABILITY FOR EACH MATERNAL DEATH REVIEWED AND, IN  THE  DISCRETION
 OF THE BOARD, CASES OF SEVERE MATERNAL MORBIDITY, AND TO DEVELOP STRATE-
 GIES  FOR  REDUCING  THE  RISK  OF MATERNAL MORTALITY, AND TO ASSESS AND
 REVIEW SEVERE MATERNAL MORBIDITY. THE BOARD SHALL CONSULT  WITH  EXPERTS
 AS  NEEDED  TO  EVALUATE THE INFORMATION AS TO MATERNAL DEATH AND SEVERE
 MATERNAL MORBIDITY. THE COMMISSIONER MAY DELEGATE THE AUTHORITY  OF  THE
 STATE BOARD TO CONDUCT MATERNAL MORTALITY REVIEWS.
   (B)  THE  COMMISSIONER  MAY  ENTER  INTO  AN  AGREEMENT WITH THE LOCAL
 GOVERNMENT BY OR UNDER WHICH A LOCAL BOARD IS ESTABLISHED PROVIDING:
   (I) THAT THE FUNCTIONS OF THE STATE BOARD RELATING TO MATERNAL  DEATHS
 AND  SEVERE  MATERNAL  MORBIDITY  OCCURRING  WITHIN THE TERRITORY OF THE
 LOCAL GOVERNMENT SHALL BE CONDUCTED BY THE LOCAL BOARD;
   (II) THE LOCAL BOARD SHALL PROVIDE TO THE STATE BOARD THE  RESULTS  OF
 ITS  REVIEWS, RELEVANT INFORMATION IN THE POSSESSION OF THE LOCAL BOARD,
 AND THE RECOMMENDATIONS OF THE LOCAL BOARD; AND
   (III) THE DEPARTMENT AND THE STATE BOARD SHALL PROVIDE INFORMATION AND
 ASSISTANCE TO THE LOCAL BOARD FOR THE PERFORMANCE OF ITS FUNCTIONS.
   (B) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   (I) "BOARD" SHALL MEAN THE MATERNAL MORTALITY REVIEW BOARD ESTABLISHED
 BY THIS SECTION AND A MATERNAL MORTALITY REVIEW BOARD ESTABLISHED BY  OR
 UNDER  A  COUNTY  DEPARTMENT  OF  HEALTH OR THE CITY OF NEW YORK. "STATE
 BOARD" SHALL MEAN THE BOARD ESTABLISHED WITHIN THE DEPARTMENT AND "LOCAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15284-01-8

 A. 10344                            2
 
 BOARD" SHALL MEAN A BOARD ESTABLISHED BY OR UNDER A COUNTY DEPARTMENT OF
 HEALTH OR THE CITY OF NEW YORK.
   (II)  "MATERNAL  DEATH" MEANS THE DEATH OF A WOMAN DURING PREGNANCY OR
 WITHIN A YEAR FROM THE END OF THE PREGNANCY.
   (III) "SEVERE MATERNAL MORBIDITY" MEANS UNEXPECTED OUTCOMES  OF  PREG-
 NANCY, LABOR, OR DELIVERY THAT RESULT IN SIGNIFICANT SHORT- OR LONG-TERM
 CONSEQUENCES TO A WOMAN'S HEALTH.
   2. EACH BOARD SHALL:
   (A)  MAKE  RECOMMENDATIONS  TO  THE  COMMISSIONER, OR IN THE CASE OF A
 LOCAL BOARD, TO THE APPROPRIATE  LOCAL  HEALTH  OFFICER,  REGARDING  THE
 PREVENTABILITY  OF  EACH  MATERNAL  DEATH  CASE,  AND ANY CASE OF SEVERE
 MATERNAL MORBIDITY REVIEWED BY THE BOARD, BY REVIEWING RELEVANT INFORMA-
 TION FOR EACH CASE IN THE STATE OR THE TERRITORY OF THE LOCAL BOARD,  AS
 THE CASE MAY BE, AND REGARDING THE IMPROVEMENT OF WOMEN'S HEALTH AND THE
 QUALITY OF HEALTH CARE OF WOMEN AND THE PREVENTION OF MATERNAL MORTALITY
 AND  SEVERE  MATERNAL  MORBIDITY.  IN ADDITION, EACH BOARD MAY MAKE SUCH
 RECOMMENDATIONS TO APPROPRIATE HEALTH CARE PROVIDERS RELATING TO A  CASE
 REVIEWED BY THE BOARD;
   (B)  KEEP  CONFIDENTIAL ANY INDIVIDUAL IDENTIFYING INFORMATION AS TO A
 PATIENT OR HEALTH CARE PROVIDER COLLECTED UNDER THIS  SECTION  AND  THIS
 INFORMATION  SHALL  BE  USED  SOLELY  FOR THE PURPOSES OF IMPROVEMENT OF
 WOMEN'S HEALTH AND THE QUALITY OF HEALTH CARE OF WOMEN, AND  TO  PREVENT
 MATERNAL  MORTALITY  AND  MORBIDITY. ACCESS TO SUCH INFORMATION SHALL BE
 LIMITED TO BOARD MEMBERS AS WELL AS THOSE AUTHORIZED BY THE COMMISSIONER
 OR, IN THE CASE OF A LOCAL BOARD, THE  LOCAL  HEALTH  OFFICER.  HOWEVER,
 WHERE  THE  COMMISSIONER  OR  LOCAL  HEALTH OFFICER, AS THE CASE MAY BE,
 BELIEVES THAT ANY SUCH INFORMATION INCLUDES EVIDENCE THAT THE  DEATH  OR
 SEVERE  MATERNAL  MORBIDITY  WAS THE RESULT OF A CRIME COMMITTED AGAINST
 THE WOMAN, HE OR SHE MAY  PROVIDE  INFORMATION  TO  AN  APPROPRIATE  LAW
 ENFORCEMENT  AGENCY. SUCH INFORMATION SHALL NOT BE SUBJECT TO DISCLOSURE
 UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW AND SHALL NOT BE DISCOVERA-
 BLE OR ADMISSIBLE AS EVIDENCE IN ANY CIVIL ACTION OF  ANY  KIND  IN  ANY
 COURT OR BEFORE ANY OTHER TRIBUNAL, BOARD, AGENCY OR PERSON;
   (C) DEVELOP RECOMMENDATIONS TO THE COMMISSIONER AND LOCAL HEALTH OFFI-
 CER,  AS THE CASE MAY BE, FOR AREAS OF FOCUS, INCLUDING ISSUES OF SEVERE
 MATERNAL MORBIDITY AND RACIAL DISPARITIES IN MATERNAL OUTCOMES; AND
   (D) ISSUE AN  ANNUAL  REPORT  (EXCLUDING  ANY  INDIVIDUAL  IDENTIFYING
 INFORMATION AS TO A PATIENT OR HEALTH CARE PROVIDER) ON ITS FINDINGS AND
 RECOMMENDATIONS, WHICH SHALL BE A PUBLIC DOCUMENT.
   3. (A) THE MEMBERS OF THE STATE BOARD SHALL BE COMPOSED OF MULTIDISCI-
 PLINARY  EXPERTS  IN  THE FIELD OF MATERNAL MORTALITY AND WOMEN'S HEALTH
 AND SHALL INCLUDE HEALTH CARE PROVIDERS OR OTHER EXPERTS WHO SERVE WOMEN
 AND MOTHERS IN MEDICALLY UNDERSERVED AREAS OF THE STATE OR AREAS OF  THE
 STATE  WITH DISPROPORTIONATELY HIGH OCCURRENCES OF MATERNAL MORTALITY OR
 MORBIDITY. THE STATE  BOARD  SHALL  BE  COMPOSED  OF  AT  LEAST  FIFTEEN
 MEMBERS,  ALL  OF WHOM SHALL BE APPOINTED BY THE COMMISSIONER. THE TERMS
 OF THE STATE BOARD MEMBERS SHALL BE THREE YEARS FROM THE START OF  THEIR
 APPOINTMENT.  THE  COMMISSIONER MAY CHOOSE TO REAPPOINT BOARD MEMBERS TO
 ADDITIONAL THREE YEAR TERMS.
   (B) A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE STATE BOARD, NO LESS
 THAN THREE, SHALL CONSTITUTE A QUORUM.
   (C) WHEN ANY MEMBER OF THE STATE BOARD FAILS TO ATTEND  THREE  CONSEC-
 UTIVE  REGULAR  MEETINGS,  UNLESS  SUCH  ABSENCE IS FOR GOOD CAUSE, THAT
 MEMBERSHIP MAY BE DEEMED VACANT FOR PURPOSES OF  THE  APPOINTMENT  OF  A
 SUCCESSOR.

 A. 10344                            3

   (D)  MEETINGS  OF  THE STATE BOARD SHALL BE HELD AT LEAST TWICE A YEAR
 BUT MAY BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO  REQUEST
 OF THE DEPARTMENT.
   4.  MEMBERS  OF  EACH  BOARD  SHALL BE INDEMNIFIED PURSUANT TO SECTION
 SEVENTEEN OF THE PUBLIC OFFICERS LAW OR SECTION FIFTY-K OF  THE  GENERAL
 MUNICIPAL LAW, AS THE CASE MAY BE.
   5.  THE  COMMISSIONER,  AND  IN  THE  CASE OF A LOCAL BOARD, THE LOCAL
 HEALTH OFFICER, MAY REQUEST AND SHALL  RECEIVE  UPON  REQUEST  FROM  ANY
 DEPARTMENT,  DIVISION,  BOARD,  BUREAU, COMMISSION, LOCAL HEALTH DEPART-
 MENTS OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION  THEREOF  OR
 ANY  PUBLIC  AUTHORITY,  AS  WELL AS HOSPITALS ESTABLISHED UNDER ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER, BIRTHING  FACILITIES,  MEDICAL  EXAMINERS,
 CORONERS,  AND  ANY  CORONER PHYSICIANS AND ANY OTHER FACILITY PROVIDING
 SERVICES ASSOCIATED WITH MATERNAL MORTALITY, SUCH  INFORMATION,  INCLUD-
 ING,  BUT  NOT  LIMITED  TO,  DEATH  RECORDS,  MEDICAL  RECORDS, AUTOPSY
 REPORTS, TOXICOLOGY REPORTS, HOSPITAL DISCHARGE RECORDS,  BIRTH  RECORDS
 AND  ANY  OTHER  INFORMATION  THAT  WILL  HELP THE DEPARTMENT UNDER THIS
 SECTION TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
   § 2. The legislature finds and determines that this act relates  to  a
 matter of state concern.
   § 3. This act shall take effect immediately.