NY State Assembly Bill 2017-A11206B

Archive: Last Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 25, 2018	print number 11206b
Jun 25, 2018	amend (t) and recommit to health
Jun 19, 2018	print number 11206a
Jun 19, 2018	amend and recommit to health
Jun 14, 2018	referred to health

Bill Amendments

Original

B (Active)

co-Sponsors

2017-A11206 - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §§2509 & 2803-v, Pub Health L; amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2019-2020 Legislative Session:: A2770

2017-A11206 - Summary

Enacts the Jonah Bichotte Cowan Law; relates to pre-term labor care and directs the commissioner of health to require hospitals to provide pre-term labor patients with information regarding the potential health effects of pre-term labor and pre-term delivery on an expectant mother and on her unborn child; and requires insurance policies to provide coverage for pre-term labor hospitalizations.

2017-A11206 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11206
 
                           I N  A S S E M B L Y
 
                               June 14, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Bichotte,
   Solages) -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  pre-term  labor
   care  and directing the commissioner of health to require hospitals to
   provide pre-term labor patients with information regarding the  poten-
   tial  health  effects  of  pre-term  labor and pre-term delivery on an
   expectant mother and on her unborn child; and to amend  the  insurance
   law,  in  relation to requiring insurance policies to provide coverage
   for pre-term labor hospitalizations
 
   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. PRE-TERM LABOR CARE.  1. WHEN AN EXPECTANT MOTHER IN  PRE-TERM
 LABOR PRESENTS HERSELF AT A HOSPITAL, THE HOSPITAL SHALL:
   (A) DETERMINE THAT THE EXPECTANT MOTHER IS IN PRE-TERM LABOR BY ESTAB-
 LISHING  THAT  SHE  IS EXPERIENCING REGULAR UTERINE CONTRACTIONS CAUSING
 PALPABLE CHANGES IN THE CERVIX PRIOR TO TWENTY-FOUR WEEKS OF GESTATION;
   (B) UPON MAKING THE DIAGNOSIS OF PRE-TERM LABOR, ADMIT  THE  EXPECTANT
 MOTHER  TO  THE  HOSPITAL  OR  TREAT HER IN THE EMERGENCY ROOM FOR CLOSE
 OBSERVATION AND CONTINUOUS MONITORING UNTIL IT IS DEEMED MEDICALLY  SAFE
 TO RELEASE HER FROM THE HEALTH CARE FACILITY; AND
   (C)  PROVIDE THE EXPECTANT MOTHER WITH INFORMATION CONCERNING PRE-TERM
 LABOR AND THE POTENTIAL HEALTH EFFECTS OF PRE-TERM  LABOR  AND  PRE-TERM
 DELIVERY ON THE MOTHER AND ON HER UNBORN CHILD.
   2.  IF THE EXPECTANT MOTHER OPTS NOT TO REMAIN AT THE HOSPITAL, HOSPI-
 TAL PERSONNEL SHALL INFORM THE EXPECTANT MOTHER OF THE OPTION OF  HAVING
 A  VISITING  NURSE PERIODICALLY MONITOR THE EXPECTANT MOTHER AT HER HOME
 AND, IF REQUESTED TO DO SO BY THE EXPECTANT MOTHER,  SHALL  ARRANGE  FOR
 SUCH MONITORING AND SHALL ARRANGE FOR THE EXPECTANT MOTHER AND HER FAMI-
 LY  TO  HAVE  ACCESS TO A THERAPIST TO ASSIST WITH THEIR EMOTIONAL NEEDS
 DURING THE PERIOD OF PRE-TERM LABOR.
   3. AS USED IN THIS SECTION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11410-09-8

 A. 11206                            2
 
   (A) "HOSPITAL" MEANS A HOSPITAL AS  DEFINED  IN  SECTION  TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER; AND
   (B)   (I)   "PRE-TERM   LABOR"   MEANS  THE  COMMENCEMENT  OF  REGULAR
 CONTRACTIONS OF THE UTERUS CAUSING PALPABLE CHANGES IN THE  CERVIX  THAT
 START  BETWEEN  TWENTY  WEEKS  AND THIRTY-SEVEN WEEKS OF PREGNANCY. SUCH
 CHANGES IN THE CERVIX INCLUDE, BUT ARE NOT LIMITED  TO,  EFFACEMENT  AND
 DILATION.
   (II)  "PRE-TERM  LABOR"  DOES NOT INCLUDE LABOR RESULTING IN A MISCAR-
 RIAGE WHICH OCCURS PRIOR TO TWENTY WEEKS OF PREGNANCY.
   § 2. The public health law is amended by adding a new  section  2803-v
 to read as follows:
   § 2803-V. INFORMATION FOR PRE-TERM LABOR PATIENTS. 1. THE COMMISSIONER
 SHALL REQUIRE EVERY HOSPITAL TO:
   (A)  PREPARE  IN  PRINTED OR PHOTOCOPIED FORM AN INFORMATIONAL LEAFLET
 CONCERNING PRE-TERM LABOR AND THE POTENTIAL HEALTH EFFECTS  OF  PRE-TERM
 LABOR  AND  PRE-TERM  DELIVERY  ON AN EXPECTANT MOTHER AND ON HER UNBORN
 CHILD; AND
   (B) DISTRIBUTE SUCH LEAFLET  TO  ANY  EXPECTANT  MOTHER  WHO  PRESENTS
 HERSELF  AT  THE  HOSPITAL  IN PRE-TERM LABOR, AND, UPON REQUEST, TO THE
 GENERAL PUBLIC, AN INFORMATIONAL LEAFLET.
   2. THE LEAFLET DESCRIBED IN SUBDIVISION ONE OF THIS SECTION  SHALL  BE
 DESIGNED  BY  THE  COMMISSIONER  AND  SHALL CONTAIN BRIEF DEFINITIONS OR
 DESCRIPTIONS  OF  PRE-TERM  LABOR  AND  PRE-TERM  DELIVERY,  INFORMATION
 REGARDING  THE  RISKS  PRE-TERM  LABOR AND PRE-TERM DELIVERY POSE TO THE
 MOTHER AND CHILD AND SUCH OTHER MATERIALS AS DEEMED APPROPRIATE  BY  THE
 COMMISSIONER.  HOSPITALS MAY ALSO ELECT TO DISTRIBUTE ADDITIONAL EXPLAN-
 ATORY  MATERIAL  ALONG  WITH THE MATERNITY PATIENTS INFORMATION LEAFLET.
 THE COMMISSIONER SHALL MAKE THE INFORMATION  CONTAINED  IN  THE  LEAFLET
 AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   3.  THE INFORMATIONAL LEAFLET SHALL ALSO INCLUDE AN EXPLANATION OF THE
 SPECIAL PROVISIONS RELATING TO PRE-TERM LABOR AND PRE-TERM DELIVERY CARE
 AND COVERAGE UNDER THE INSURANCE LAW, AND SUGGEST THAT EXPECTANT PARENTS
 CHECK THEIR INSURANCE POLICIES FOR THE DETAILS OF THEIR  PRE-TERM  LABOR
 AND PRE-TERM DELIVERY COVERAGE.
   § 3. Item (i) of subparagraph (A) of paragraph 10 of subsection (i) of
 section 3216 of the insurance law, as amended by chapter 238 of the laws
 of 2010, is amended to read as follows:
   (i) Every policy which provides hospital, surgical or medical coverage
 shall  provide coverage for maternity care, including hospital, surgical
 or medical care to the same extent that hospital,  surgical  or  medical
 coverage  is  provided  for  illness  or  disease under the policy. Such
 maternity care coverage,  other  than  coverage  for  perinatal  compli-
 cations, shall include inpatient hospital coverage FOR EXPECTANT MOTHERS
 IN  PRE-TERM  LABOR,  INPATIENT  HOSPITAL  COVERAGE  for  mother and for
 newborn for at least forty-eight hours after childbirth for any delivery
 other than a caesarean section, and for at least ninety-six hours  after
 a  caesarean section. Such coverage for maternity care shall include the
 services of a midwife licensed pursuant to article one hundred forty  of
 the education law, practicing consistent with section sixty-nine hundred
 fifty-one  of the education law and affiliated or practicing in conjunc-
 tion with a facility licensed pursuant to article  twenty-eight  of  the
 public  health law, but no insurer shall be required to pay for duplica-
 tive routine services actually provided by both a licensed midwife and a
 physician.

 A. 11206                            3
 
   § 4. Item (i) of subparagraph (A) of paragraph 5 of subsection (k)  of
 section 3221 of the insurance law, as amended by chapter 238 of the laws
 of 2010, is amended to read as follows:
   (i)  Every group or blanket policy delivered or issued for delivery in
 this state which provides hospital, surgical or medical  coverage  shall
 include  coverage  for  maternity  care, including hospital, surgical or
 medical care to the same extent that coverage is provided for illness or
 disease under the policy.  Such  maternity  care  coverage,  other  than
 coverage  for  perinatal complications, shall include inpatient hospital
 coverage FOR EXPECTANT MOTHERS IN  PRE-TERM  LABOR,  INPATIENT  HOSPITAL
 COVERAGE  for  mother  and  newborn for at least forty-eight hours after
 childbirth for any delivery other than a caesarean section, and  for  at
 least  ninety-six  hours  after  a  caesarean section. Such coverage for
 maternity care shall include the services of a midwife licensed pursuant
 to article one hundred forty of the education law, practicing consistent
 with section sixty-nine hundred  fifty-one  of  the  education  law  and
 affiliated  or practicing in conjunction with a facility licensed pursu-
 ant to article twenty-eight of the public health  law,  but  no  insurer
 shall  be  required  to  pay  for  duplicative routine services actually
 provided by both a licensed midwife and a physician.
   § 5. Subparagraph (A) of paragraph 1 of subsection (c) of section 4303
 of the insurance law, as amended by chapter 238 of the laws of 2010,  is
 amended to read as follows:
   (A)  Every  contract issued by a corporation subject to the provisions
 of this article which provides hospital service, medical expense  indem-
 nity  or both shall provide coverage for maternity care including hospi-
 tal, surgical or medical care to the same extent that hospital  service,
 medical  expense  indemnity  or both are provided for illness or disease
 under the contract. Such maternity care coverage,  other  than  coverage
 for  perinatal  complications, shall include inpatient hospital coverage
 FOR EXPECTANT MOTHERS IN PRE-TERM LABOR, INPATIENT HOSPITAL COVERAGE for
 mother and for newborn for at least forty-eight hours  after  childbirth
 for  any delivery other than a caesarean section, and for at least nine-
 ty-six hours following a caesarean section. Such coverage for  maternity
 care  shall include the services of a midwife licensed pursuant to arti-
 cle one hundred forty of the education law, practicing  consistent  with
 section sixty-nine hundred fifty-one of the education law and affiliated
 or  practicing in conjunction with a facility licensed pursuant to arti-
 cle twenty-eight of the public health  law,  but  no  insurer  shall  be
 required  to  pay  for duplicative routine services actually provided by
 both a licensed midwife and a physician.
   § 6. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2017-A11206A - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §§2509 & 2803-v, Pub Health L; amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2019-2020 Legislative Session:: A2770

2017-A11206A - Summary

2017-A11206A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11206--A
 
                           I N  A S S E M B L Y
 
                               June 14, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Bichotte,
   Solages) -- 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, in  relation  to  pre-term  labor
   care  and directing the commissioner of health to require hospitals to
   provide pre-term labor patients with information regarding the  poten-
   tial  health  effects  of  pre-term  labor and pre-term delivery on an
   expectant mother and on her unborn child; and to amend  the  insurance
   law,  in  relation to requiring insurance policies to provide coverage
   for pre-term labor hospitalizations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Jonah Bichotte Cowan law".
   § 2. The public health law is amended by adding a new section 2509  to
 read as follows:
   §  2509. PRE-TERM LABOR CARE.  1. WHEN AN EXPECTANT MOTHER IN PRE-TERM
 LABOR PRESENTS HERSELF AT A HOSPITAL, THE HOSPITAL SHALL:
   (A) DETERMINE THAT THE EXPECTANT MOTHER IS IN PRE-TERM LABOR BY ESTAB-
 LISHING THAT SHE IS EXPERIENCING REGULAR  UTERINE  CONTRACTIONS  CAUSING
 PALPABLE CHANGES IN THE CERVIX PRIOR TO TWENTY-FOUR WEEKS OF GESTATION;
   (B)  UPON  MAKING THE DIAGNOSIS OF PRE-TERM LABOR, ADMIT THE EXPECTANT
 MOTHER TO THE HOSPITAL OR TREAT HER IN  THE  EMERGENCY  ROOM  FOR  CLOSE
 OBSERVATION  AND CONTINUOUS MONITORING UNTIL IT IS DEEMED MEDICALLY SAFE
 TO RELEASE HER FROM THE HEALTH CARE FACILITY; AND
   (C) PROVIDE THE EXPECTANT MOTHER WITH INFORMATION CONCERNING  PRE-TERM
 LABOR  AND  THE  POTENTIAL HEALTH EFFECTS OF PRE-TERM LABOR AND PRE-TERM
 DELIVERY ON THE MOTHER AND ON HER UNBORN CHILD.
   2. IF THE EXPECTANT MOTHER OPTS NOT TO REMAIN AT THE HOSPITAL,  HOSPI-
 TAL  PERSONNEL SHALL INFORM THE EXPECTANT MOTHER OF THE OPTION OF HAVING
 A VISITING NURSE PERIODICALLY MONITOR THE EXPECTANT MOTHER AT  HER  HOME
 AND,  IF  REQUESTED  TO DO SO BY THE EXPECTANT MOTHER, SHALL ARRANGE FOR
 SUCH MONITORING AND SHALL ARRANGE FOR THE EXPECTANT MOTHER AND HER FAMI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11410-10-8

 A. 11206--A                         2
 
 LY TO HAVE ACCESS TO A THERAPIST TO ASSIST WITH  THEIR  EMOTIONAL  NEEDS
 DURING THE PERIOD OF PRE-TERM LABOR.
   3. AS USED IN THIS SECTION:
   (A)  "HOSPITAL"  MEANS  A  HOSPITAL AS DEFINED IN SECTION TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER; AND
   (B)  (I)  "PRE-TERM  LABOR"  MEANS   THE   COMMENCEMENT   OF   REGULAR
 CONTRACTIONS  OF  THE UTERUS CAUSING PALPABLE CHANGES IN THE CERVIX THAT
 START BETWEEN TWENTY WEEKS AND THIRTY-SEVEN  WEEKS  OF  PREGNANCY.  SUCH
 CHANGES  IN  THE  CERVIX INCLUDE, BUT ARE NOT LIMITED TO, EFFACEMENT AND
 DILATION.
   (II) "PRE-TERM LABOR" DOES NOT INCLUDE LABOR RESULTING  IN  A  MISCAR-
 RIAGE WHICH OCCURS PRIOR TO TWENTY WEEKS OF PREGNANCY.
   §  3.  The public health law is amended by adding a new section 2803-v
 to read as follows:
   § 2803-V. INFORMATION FOR PRE-TERM LABOR PATIENTS. 1. THE COMMISSIONER
 SHALL REQUIRE EVERY HOSPITAL TO:
   (A) PREPARE IN PRINTED OR PHOTOCOPIED FORM  AN  INFORMATIONAL  LEAFLET
 CONCERNING  PRE-TERM  LABOR AND THE POTENTIAL HEALTH EFFECTS OF PRE-TERM
 LABOR AND PRE-TERM DELIVERY ON AN EXPECTANT MOTHER  AND  ON  HER  UNBORN
 CHILD; AND
   (B)  DISTRIBUTE  SUCH  LEAFLET  TO  ANY  EXPECTANT MOTHER WHO PRESENTS
 HERSELF AT THE HOSPITAL IN PRE-TERM LABOR, AND,  UPON  REQUEST,  TO  THE
 GENERAL PUBLIC, AN INFORMATIONAL LEAFLET.
   2.  THE  LEAFLET DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL BE
 DESIGNED BY THE COMMISSIONER AND  SHALL  CONTAIN  BRIEF  DEFINITIONS  OR
 DESCRIPTIONS  OF  PRE-TERM  LABOR  AND  PRE-TERM  DELIVERY,  INFORMATION
 REGARDING THE RISKS PRE-TERM LABOR AND PRE-TERM  DELIVERY  POSE  TO  THE
 MOTHER  AND  CHILD AND SUCH OTHER MATERIALS AS DEEMED APPROPRIATE BY THE
 COMMISSIONER.  HOSPITALS MAY ALSO ELECT TO DISTRIBUTE ADDITIONAL EXPLAN-
 ATORY MATERIAL ALONG WITH THE MATERNITY  PATIENTS  INFORMATION  LEAFLET.
 THE  COMMISSIONER  SHALL  MAKE  THE INFORMATION CONTAINED IN THE LEAFLET
 AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   3. THE INFORMATIONAL LEAFLET SHALL ALSO INCLUDE AN EXPLANATION OF  THE
 SPECIAL PROVISIONS RELATING TO PRE-TERM LABOR AND PRE-TERM DELIVERY CARE
 AND COVERAGE UNDER THE INSURANCE LAW, AND SUGGEST THAT EXPECTANT PARENTS
 CHECK  THEIR  INSURANCE POLICIES FOR THE DETAILS OF THEIR PRE-TERM LABOR
 AND PRE-TERM DELIVERY COVERAGE.
   § 4. Item (i) of subparagraph (A) of paragraph 10 of subsection (i) of
 section 3216 of the insurance law, as amended by chapter 238 of the laws
 of 2010, is amended to read as follows:
   (i) Every policy which provides hospital, surgical or medical coverage
 shall provide coverage for maternity care, including hospital,  surgical
 or  medical  care  to the same extent that hospital, surgical or medical
 coverage is provided for illness  or  disease  under  the  policy.  Such
 maternity  care  coverage,  other  than  coverage  for perinatal compli-
 cations, shall include inpatient hospital coverage FOR EXPECTANT MOTHERS
 IN PRE-TERM LABOR,  INPATIENT  HOSPITAL  COVERAGE  for  mother  and  for
 newborn for at least forty-eight hours after childbirth for any delivery
 other  than a caesarean section, and for at least ninety-six hours after
 a caesarean section. Such coverage for maternity care shall include  the
 services  of a midwife licensed pursuant to article one hundred forty of
 the education law, practicing consistent with section sixty-nine hundred
 fifty-one of the education law and affiliated or practicing in  conjunc-
 tion  with  a  facility licensed pursuant to article twenty-eight of the
 public health law, but no insurer shall be required to pay for  duplica-

 A. 11206--A                         3
 
 tive routine services actually provided by both a licensed midwife and a
 physician.
   §  5. Item (i) of subparagraph (A) of paragraph 5 of subsection (k) of
 section 3221 of the insurance law, as amended by chapter 238 of the laws
 of 2010, is amended to read as follows:
   (i) Every group or blanket policy delivered or issued for delivery  in
 this  state  which provides hospital, surgical or medical coverage shall
 include coverage for maternity care,  including  hospital,  surgical  or
 medical care to the same extent that coverage is provided for illness or
 disease  under  the  policy.  Such  maternity  care coverage, other than
 coverage for perinatal complications, shall include  inpatient  hospital
 coverage  FOR  EXPECTANT  MOTHERS  IN PRE-TERM LABOR, INPATIENT HOSPITAL
 COVERAGE for mother and newborn for at  least  forty-eight  hours  after
 childbirth  for  any delivery other than a caesarean section, and for at
 least ninety-six hours after a  caesarean  section.  Such  coverage  for
 maternity care shall include the services of a midwife licensed pursuant
 to article one hundred forty of the education law, practicing consistent
 with  section  sixty-nine  hundred  fifty-one  of  the education law and
 affiliated or practicing in conjunction with a facility licensed  pursu-
 ant  to  article  twenty-eight  of the public health law, but no insurer
 shall be required to  pay  for  duplicative  routine  services  actually
 provided by both a licensed midwife and a physician.
   § 6. Subparagraph (A) of paragraph 1 of subsection (c) of section 4303
 of  the insurance law, as amended by chapter 238 of the laws of 2010, is
 amended to read as follows:
   (A) Every contract issued by a corporation subject to  the  provisions
 of  this article which provides hospital service, medical expense indem-
 nity or both shall provide coverage for maternity care including  hospi-
 tal,  surgical or medical care to the same extent that hospital service,
 medical expense indemnity or both are provided for  illness  or  disease
 under  the  contract.  Such maternity care coverage, other than coverage
 for perinatal complications, shall include inpatient  hospital  coverage
 FOR EXPECTANT MOTHERS IN PRE-TERM LABOR, INPATIENT HOSPITAL COVERAGE for
 mother  and  for newborn for at least forty-eight hours after childbirth
 for any delivery other than a caesarean section, and for at least  nine-
 ty-six  hours following a caesarean section. Such coverage for maternity
 care shall include the services of a midwife licensed pursuant to  arti-
 cle  one  hundred forty of the education law, practicing consistent with
 section sixty-nine hundred fifty-one of the education law and affiliated
 or practicing in conjunction with a facility licensed pursuant to  arti-
 cle  twenty-eight  of  the  public  health  law, but no insurer shall be
 required to pay for duplicative routine services  actually  provided  by
 both a licensed midwife and a physician.
   §  7.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2017-A11206B (ACTIVE) - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §§2509 & 2803-v, Pub Health L; amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2019-2020 Legislative Session:: A2770

2017-A11206B (ACTIVE) - Summary

2017-A11206B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11206--B
 
                           I N  A S S E M B L Y
 
                               June 14, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Bichotte,
   Solages,  Jean-Pierre,  Barron,  Walker,  Thiele)  --  read  once  and
   referred  to  the  Committee  on  Health -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee

 AN ACT to amend the public health law, in relation to enacting the Jonah
   Bichotte Cowan law relating to pre-term labor care and  directing  the
   commissioner  of health to require hospitals to provide pre-term labor
   patients with information regarding the potential  health  effects  of
   pre-term labor and pre-term delivery on an expectant mother and on her
   unborn child; and to amend the insurance law, in relation to requiring
   insurance policies to provide coverage for pre-term labor hospitaliza-
   tions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Jonah Bichotte Cowan law".
   §  2. The public health law is amended by adding a new section 2509 to
 read as follows:
   § 2509. PRE-TERM LABOR CARE.  1. WHEN AN EXPECTANT MOTHER IN  PRE-TERM
 LABOR PRESENTS HERSELF AT A HOSPITAL, THE HOSPITAL SHALL:
   (A) DETERMINE THAT THE EXPECTANT MOTHER IS IN PRE-TERM LABOR BY ESTAB-
 LISHING  THAT  SHE  IS EXPERIENCING REGULAR UTERINE CONTRACTIONS CAUSING
 PALPABLE CHANGES IN THE CERVIX PRIOR TO TWENTY-FOUR WEEKS OF GESTATION;
   (B) UPON MAKING THE DIAGNOSIS OF PRE-TERM LABOR, ADMIT  THE  EXPECTANT
 MOTHER  TO  THE  HOSPITAL  OR  TREAT HER IN THE EMERGENCY ROOM FOR CLOSE
 OBSERVATION AND CONTINUOUS MONITORING UNTIL IT IS DEEMED MEDICALLY  SAFE
 TO RELEASE HER FROM THE HEALTH CARE FACILITY; AND
   (C)  PROVIDE THE EXPECTANT MOTHER WITH INFORMATION CONCERNING PRE-TERM
 LABOR AND THE POTENTIAL HEALTH EFFECTS OF PRE-TERM  LABOR  AND  PRE-TERM
 DELIVERY ON THE MOTHER AND ON HER UNBORN CHILD.
   2.  IF THE EXPECTANT MOTHER OPTS NOT TO REMAIN AT THE HOSPITAL, HOSPI-
 TAL PERSONNEL SHALL INFORM THE EXPECTANT MOTHER OF THE OPTION OF  HAVING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11410-11-8

 A. 11206--B                         2
 
 A  VISITING  NURSE PERIODICALLY MONITOR THE EXPECTANT MOTHER AT HER HOME
 AND, IF REQUESTED TO DO SO BY THE EXPECTANT MOTHER,  SHALL  ARRANGE  FOR
 SUCH MONITORING AND SHALL ARRANGE FOR THE EXPECTANT MOTHER AND HER FAMI-
 LY  TO  HAVE  ACCESS TO A THERAPIST TO ASSIST WITH THEIR EMOTIONAL NEEDS
 DURING THE PERIOD OF PRE-TERM LABOR.
   3. AS USED IN THIS SECTION:
   (A) "HOSPITAL" MEANS A HOSPITAL AS  DEFINED  IN  SECTION  TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER; AND
   (B)   (I)   "PRE-TERM   LABOR"   MEANS  THE  COMMENCEMENT  OF  REGULAR
 CONTRACTIONS OF THE UTERUS CAUSING PALPABLE CHANGES IN THE  CERVIX  THAT
 START  BETWEEN  TWENTY  WEEKS  AND THIRTY-SEVEN WEEKS OF PREGNANCY. SUCH
 CHANGES IN THE CERVIX INCLUDE, BUT ARE NOT LIMITED  TO,  EFFACEMENT  AND
 DILATION.
   (II)  "PRE-TERM  LABOR"  DOES NOT INCLUDE LABOR RESULTING IN A MISCAR-
 RIAGE WHICH OCCURS PRIOR TO TWENTY WEEKS OF PREGNANCY.
   § 3. The public health law is amended by adding a new  section  2803-v
 to read as follows:
   § 2803-V. INFORMATION FOR PRE-TERM LABOR PATIENTS. 1. THE COMMISSIONER
 SHALL REQUIRE EVERY HOSPITAL TO:
   (A)  PREPARE  IN  PRINTED OR PHOTOCOPIED FORM AN INFORMATIONAL LEAFLET
 CONCERNING PRE-TERM LABOR AND THE POTENTIAL HEALTH EFFECTS  OF  PRE-TERM
 LABOR  AND  PRE-TERM  DELIVERY  ON AN EXPECTANT MOTHER AND ON HER UNBORN
 CHILD; AND
   (B) DISTRIBUTE SUCH LEAFLET  TO  ANY  EXPECTANT  MOTHER  WHO  PRESENTS
 HERSELF  AT  THE  HOSPITAL  IN PRE-TERM LABOR, AND, UPON REQUEST, TO THE
 GENERAL PUBLIC, AN INFORMATIONAL LEAFLET.
   2. THE LEAFLET DESCRIBED IN SUBDIVISION ONE OF THIS SECTION  SHALL  BE
 DESIGNED  BY  THE  COMMISSIONER  AND  SHALL CONTAIN BRIEF DEFINITIONS OR
 DESCRIPTIONS  OF  PRE-TERM  LABOR  AND  PRE-TERM  DELIVERY,  INFORMATION
 REGARDING  THE  RISKS  PRE-TERM  LABOR AND PRE-TERM DELIVERY POSE TO THE
 MOTHER AND CHILD AND SUCH OTHER MATERIALS AS DEEMED APPROPRIATE  BY  THE
 COMMISSIONER.  HOSPITALS MAY ALSO ELECT TO DISTRIBUTE ADDITIONAL EXPLAN-
 ATORY  MATERIAL  ALONG  WITH THE MATERNITY PATIENTS INFORMATION LEAFLET.
 THE COMMISSIONER SHALL MAKE THE INFORMATION  CONTAINED  IN  THE  LEAFLET
 AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   3.  THE INFORMATIONAL LEAFLET SHALL ALSO INCLUDE AN EXPLANATION OF THE
 SPECIAL PROVISIONS RELATING TO PRE-TERM LABOR AND PRE-TERM DELIVERY CARE
 AND COVERAGE UNDER THE INSURANCE LAW, AND SUGGEST THAT EXPECTANT PARENTS
 CHECK THEIR INSURANCE POLICIES FOR THE DETAILS OF THEIR  PRE-TERM  LABOR
 AND PRE-TERM DELIVERY COVERAGE.
   § 4. Item (i) of subparagraph (A) of paragraph 10 of subsection (i) of
 section 3216 of the insurance law, as amended by chapter 238 of the laws
 of 2010, is amended to read as follows:
   (i) Every policy which provides hospital, surgical or medical coverage
 shall  provide coverage for maternity care, including hospital, surgical
 or medical care to the same extent that hospital,  surgical  or  medical
 coverage  is  provided  for  illness  or  disease under the policy. Such
 maternity care coverage,  other  than  coverage  for  perinatal  compli-
 cations, shall include inpatient hospital coverage FOR EXPECTANT MOTHERS
 IN  PRE-TERM  LABOR,  INPATIENT  HOSPITAL  COVERAGE  for  mother and for
 newborn for at least forty-eight hours after childbirth for any delivery
 other than a caesarean section, and for at least ninety-six hours  after
 a  caesarean section. Such coverage for maternity care shall include the
 services of a midwife licensed pursuant to article one hundred forty  of
 the education law, practicing consistent with section sixty-nine hundred
 fifty-one  of the education law and affiliated or practicing in conjunc-

 A. 11206--B                         3
 
 tion with a facility licensed pursuant to article  twenty-eight  of  the
 public  health law, but no insurer shall be required to pay for duplica-
 tive routine services actually provided by both a licensed midwife and a
 physician.
   §  5. Item (i) of subparagraph (A) of paragraph 5 of subsection (k) of
 section 3221 of the insurance law, as amended by chapter 238 of the laws
 of 2010, is amended to read as follows:
   (i) Every group or blanket policy delivered or issued for delivery  in
 this  state  which provides hospital, surgical or medical coverage shall
 include coverage for maternity care,  including  hospital,  surgical  or
 medical care to the same extent that coverage is provided for illness or
 disease  under  the  policy.  Such  maternity  care coverage, other than
 coverage for perinatal complications, shall include  inpatient  hospital
 coverage  FOR  EXPECTANT  MOTHERS  IN PRE-TERM LABOR, INPATIENT HOSPITAL
 COVERAGE for mother and newborn for at  least  forty-eight  hours  after
 childbirth  for  any delivery other than a caesarean section, and for at
 least ninety-six hours after a  caesarean  section.  Such  coverage  for
 maternity care shall include the services of a midwife licensed pursuant
 to article one hundred forty of the education law, practicing consistent
 with  section  sixty-nine  hundred  fifty-one  of  the education law and
 affiliated or practicing in conjunction with a facility licensed  pursu-
 ant  to  article  twenty-eight  of the public health law, but no insurer
 shall be required to  pay  for  duplicative  routine  services  actually
 provided by both a licensed midwife and a physician.
   § 6. Subparagraph (A) of paragraph 1 of subsection (c) of section 4303
 of  the insurance law, as amended by chapter 238 of the laws of 2010, is
 amended to read as follows:
   (A) Every contract issued by a corporation subject to  the  provisions
 of  this article which provides hospital service, medical expense indem-
 nity or both shall provide coverage for maternity care including  hospi-
 tal,  surgical or medical care to the same extent that hospital service,
 medical expense indemnity or both are provided for  illness  or  disease
 under  the  contract.  Such maternity care coverage, other than coverage
 for perinatal complications, shall include inpatient  hospital  coverage
 FOR EXPECTANT MOTHERS IN PRE-TERM LABOR, INPATIENT HOSPITAL COVERAGE for
 mother  and  for newborn for at least forty-eight hours after childbirth
 for any delivery other than a caesarean section, and for at least  nine-
 ty-six  hours following a caesarean section. Such coverage for maternity
 care shall include the services of a midwife licensed pursuant to  arti-
 cle  one  hundred forty of the education law, practicing consistent with
 section sixty-nine hundred fifty-one of the education law and affiliated
 or practicing in conjunction with a facility licensed pursuant to  arti-
 cle  twenty-eight  of  the  public  health  law, but no insurer shall be
 required to pay for duplicative routine services  actually  provided  by
 both a licensed midwife and a physician.
   §  7.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.  Effective immediately the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its effective date are authorized to be made on or before
 such date.

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Assembly Bill A11206B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2017-A11206 - Details

2017-A11206 - Summary

2017-A11206 - Bill Text download pdf

co-Sponsors

2017-A11206A - Details

2017-A11206A - Summary

2017-A11206A - Bill Text download pdf

co-Sponsors

2017-A11206B (ACTIVE) - Details

2017-A11206B (ACTIVE) - Summary

2017-A11206B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A11206B

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Sponsored By

BICHOTTE

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Michaelle C. Solages

2017-A11206 - Details

2017-A11206 - Summary

2017-A11206 - Bill Text download pdf

co-Sponsors

Michaelle C. Solages

Kimberly Jean-Pierre

Charles Barron

Latrice Walker

2017-A11206A - Details

2017-A11206A - Summary

2017-A11206A - Bill Text download pdf

co-Sponsors

Michaelle C. Solages

Kimberly Jean-Pierre

Charles Barron

Latrice Walker

2017-A11206B (ACTIVE) - Details

2017-A11206B (ACTIVE) - Summary

2017-A11206B (ACTIVE) - Bill Text download pdf

Comments