Assembly Bill A5359B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5359
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced  by  M.  of  A. COOK, ORTIZ -- Multi-Sponsored by -- M. of A.
   COLTON, CYMBROWITZ, DINOWITZ, GLICK, HIKIND,  PERRY,  RIVERA  --  read
   once and referred to the Committee on Health
 
 AN  ACT  to  amend  the social services law, in relation to establishing
   mandatory minimum  medicaid  coverage  for  hospital  confinement  for
   childbirth

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 365-a of the social  services  law  is  amended  by
 adding a new subdivision 6-a to read as follows:
   6-A.  MEDICAID  ASSISTANCE SHALL ALSO INCLUDE, FOR MOTHER AND NEWBORN,
 COVERAGE OF HOSPITAL CONFINEMENT OF AT LEAST FORTY-EIGHT HOURS FOLLOWING
 A VAGINAL DELIVERY AND AT LEAST NINETY-SIX HOURS FOLLOWING  A  CAESAREAN
 SECTION.    NOTWITHSTANDING  THE  ABOVE,  A SOCIAL SERVICES DISTRICT MAY
 PROVIDE COVERAGE FOR A SHORTER PERIOD OF HOSPITAL  CONFINEMENT  PROVIDED
 THAT:
   (A)  THE  MOTHER  IN  HER  SOLE DISCRETION, EXERCISES THE OPTION TO BE
 DISCHARGED FROM THE HOSPITAL EARLIER THAN THE TIME PERIOD STATED  ABOVE;
 AND
   (B)  THE  TREATING  PHYSICIAN,  IN  ACCORDANCE WITH GENERALLY ACCEPTED
 MEDICAL STANDARDS, HAS DETERMINED THAT THE MOTHER AND NEWBORN ARE  READY
 FOR DISCHARGE; AND
   (C) POST-DISCHARGE FOLLOW-UP INCLUDES AT LEAST ONE HOME VISIT PROVIDED
 WITHIN TWENTY-FOUR HOURS OF DISCHARGE BY A LICENSED HEALTH CARE PROVIDER
 WHOSE  SCOPE  OF  PRACTICE  INCLUDES  PROVIDING POSTPARTUM CARE AND SUCH
 OTHER HOME VISITS AS ARE  DEEMED  APPROPRIATE.  COVERAGE  OF  SUCH  HOME
 VISITS  SHALL  INCLUDE,  AT  A MINIMUM, PARENT EDUCATION, ASSISTANCE AND
 TRAINING IN BREAST OR BOTTLE FEEDING AND THE PERFORMANCE OF  ANY  NECES-
 SARY  MATERNAL AND NEWBORN PHYSICAL ASSESSMENTS AND SHALL BE IN ADDITION
 TO, RATHER THAN IN LIEU OF, ANY  HOME  HEALTH  CARE  COVERAGE  OTHERWISE
 AVAILABLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06110-01-7

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5359--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced  by  M.  of  A. COOK, ORTIZ -- Multi-Sponsored by -- M. of A.
   COLTON, CYMBROWITZ, DINOWITZ, GLICK, HIKIND,  PERRY,  RIVERA  --  read
   once  and  referred  to  the Committee on Health -- recommitted to the
   Committee on Health in accordance with Assembly  Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the social services law,  in  relation  to  establishing
   mandatory  minimum  medicaid  coverage  for  hospital  confinement for
   childbirth
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  365-a  of  the social services law is amended by
 adding a new subdivision 6-a to read as follows:
   6-A. MEDICAID ASSISTANCE SHALL ALSO INCLUDE, FOR MOTHER  AND  NEWBORN,
 COVERAGE OF HOSPITAL CONFINEMENT OF AT LEAST FORTY-EIGHT HOURS FOLLOWING
 A  VAGINAL  DELIVERY AND AT LEAST NINETY-SIX HOURS FOLLOWING A CAESAREAN
 SECTION.   NOTWITHSTANDING THE ABOVE, A  SOCIAL  SERVICES  DISTRICT  MAY
 PROVIDE  COVERAGE  FOR A SHORTER PERIOD OF HOSPITAL CONFINEMENT PROVIDED
 THAT:
   (A) MEDICAL ASSISTANCE SHALL ALSO INCLUDE INPATIENT HOSPITAL  COVERAGE
 FOR  MOTHER  AND FOR NEWBORN FOR AT LEAST FORTY-EIGHT HOURS AFTER CHILD-
 BIRTH FOR ANY DELIVERY OTHER THAN A CAESAREAN SECTION, AND FOR AT  LEAST
 NINETY-SIX HOURS AFTER A CAESAREAN SECTION;
   (B)  MATERNITY  CARE COVERAGE SHALL ALSO INCLUDE, AT A MINIMUM, PARENT
 EDUCATION, ASSISTANCE AND TRAINING IN BREAST OR BOTTLE FEEDING, AND  THE
 PERFORMANCE  OF ANY NECESSARY MATERNAL AND NEWBORN CLINICAL ASSESSMENTS;
 AND
   (C) THE MOTHER SHALL HAVE THE OPTION TO BE DISCHARGED EARLIER THAN THE
 TIME PERIODS ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION.  IN  SUCH
 CASE,  THE  INPATIENT  HOSPITAL  COVERAGE MUST INCLUDE AT LEAST ONE HOME
 CARE VISIT, WHICH SHALL BE IN ADDITION TO, RATHER THAN IN LIEU  OF,  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06110-02-8

 A. 5359--A                          2
 
 HOME  HEALTH  CARE  COVERAGE OTHERWISE AVAILABLE. THE MEDICAL ASSISTANCE
 PROGRAM MUST COVER THE HOME CARE VISIT WHICH MAY  BE  REQUESTED  AT  ANY
 TIME  WITHIN FORTY-EIGHT HOURS OF THE TIME OF DELIVERY (NINETY-SIX HOURS
 IN  THE CASE OF A CAESAREAN SECTION) AND SHALL BE DELIVERED WITHIN TWEN-
 TY-FOUR HOURS, (I) AFTER DISCHARGE, OR (II) OF THE TIME OF THE  MOTHER'S
 REQUEST, WHICHEVER IS LATER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.