assembly Bill A5359A

2017-2018 Legislative Session

Establishes mandatory minimum medicaid coverage for hospital confinement for childbirth

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2018 reported referred to ways and means
May 24, 2018 print number 5359b
May 24, 2018 amend and recommit to health
May 22, 2018 print number 5359a
May 22, 2018 amend and recommit to health
Jan 03, 2018 referred to health
Feb 08, 2017 referred to health

Co-Sponsors

Multi-Sponsors

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A5359 - Details

Law Section:
Social Services Law
Laws Affected:
Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5047
2011-2012: A5612, A6983
2013-2014: A2424
2015-2016: A7110
2019-2020: A6381
2021-2022: A3386

A5359 - Summary

Requires all insurance policies and health maintenance organization contracts to provide coverage for maternity patients and their newborns for hospital stays of at least 48 hours following childbirth by natural delivery and 96 hours following childbirth by caesarean section; provides such coverage for patients who are recipients of medicaid.

A5359 - Bill Text download pdf


                    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.

Co-Sponsors

Multi-Sponsors

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A5359A - Details

Law Section:
Social Services Law
Laws Affected:
Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5047
2011-2012: A5612, A6983
2013-2014: A2424
2015-2016: A7110
2019-2020: A6381
2021-2022: A3386

A5359A - Summary

Requires all insurance policies and health maintenance organization contracts to provide coverage for maternity patients and their newborns for hospital stays of at least 48 hours following childbirth by natural delivery and 96 hours following childbirth by caesarean section; provides such coverage for patients who are recipients of medicaid.

A5359A - Bill Text download pdf


                    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.

Co-Sponsors

Multi-Sponsors

view additional multi-sponsors

A5359B (ACTIVE) - Details

Law Section:
Social Services Law
Laws Affected:
Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5047
2011-2012: A5612, A6983
2013-2014: A2424
2015-2016: A7110
2019-2020: A6381
2021-2022: A3386

A5359B (ACTIVE) - Summary

Requires all insurance policies and health maintenance organization contracts to provide coverage for maternity patients and their newborns for hospital stays of at least 48 hours following childbirth by natural delivery and 96 hours following childbirth by caesarean section; provides such coverage for patients who are recipients of medicaid.

A5359B (ACTIVE) - Bill Text download pdf


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

                                 5359--B

                       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 -- again reported  from  said  committee
  with  amendments, 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. (A) MEDICAL ASSISTANCE  SHALL  ALSO  INCLUDE  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.
  (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.
  (C) A 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06110-04-8