S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2770
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M. of A. BICHOTTE, SOLAGES, JEAN-PIERRE, BARRON, WALKER,
   THIELE -- read once and referred to the Committee on Health
 
 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
 A  VISITING  NURSE PERIODICALLY MONITOR THE EXPECTANT MOTHER AT HER HOME
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00398-01-9

 A. 2770                             2
 
 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-w
 to read as follows:
   § 2803-W. 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

 A. 2770                             3
 
 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2770--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M. of A. BICHOTTE, SOLAGES, JEAN-PIERRE, BARRON, WALKER,
   THIELE -- read once and referred to the Committee on Health -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted 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
   fetus; and to amend the insurance law, in relation to requiring insur-
   ance policies to provide coverage for pre-term labor hospitalizations,
   home visits to monitor pre-term labor patients and counseling
 
   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 PRESENTS
 HERSELF AT A HOSPITAL WITH CONCERNS ABOUT BEING IN PRE-TERM  LABOR,  THE
 HOSPITAL SHALL:
   (A) DETERMINE WHETHER THE EXPECTANT MOTHER IS IN PRE-TERM LABOR;
   (B)  UPON  MAKING  A  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 HOSPITAL; AND
   (C) PROVIDE THE EXPECTANT MOTHER WITH INFORMATION CONCERNING  PRE-TERM
 LABOR  AND  THE POTENTIAL HEALTH EFFECTS OF PRE-TERM LABOR AND PREMATURE
 BIRTH DELIVERY ON THE MOTHER AND ON HER FETUS  AS  REQUIRED  BY  SECTION
 TWENTY-EIGHT HUNDRED THREE-W OF THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00398-03-9
              

 A. 2770--A                          2
 
   2.  (A)  IF  THE  EXPECTANT MOTHER OPTS NOT TO REMAIN AT THE HOSPITAL,
 HOSPITAL PERSONNEL SHALL CONTACT THE EXPECTANT MOTHER'S HEALTH INSURANCE
 COMPANY AND ASCERTAIN WHETHER HER COVERAGE OFFERS:
   (1)  THE  OPTION OF HAVING A VISITING NURSE VISIT THE EXPECTANT MOTHER
 AT HER HOME; AND/OR
   (2) THE OPTION OF VISITS WITH A THERAPIST TO ASSIST WITH THE EXPECTANT
 MOTHER AND HER FAMILY WITH THEIR EMOTIONAL NEEDS DURING  THE  PERIOD  OF
 PRE-TERM LABOR.
   (B)  IF  INSURANCE COVERAGE IS AVAILABLE FOR TREATMENT AS SPECIFIED IN
 PARAGRAPH (A) OF THIS SUBDIVISION, AND IF REQUESTED  TO  DO  SO  BY  THE
 EXPECTANT  MOTHER,  THE HOSPITAL SHALL MAKE PRELIMINARY ARRANGEMENTS FOR
 SUCH CARE.
   3. AS USED IN THIS SECTION:
   (A) "HOSPITAL" MEANS A GENERAL HOSPITAL AS DEFINED IN SECTION  TWENTY-
 EIGHT HUNDRED ONE OF THIS CHAPTER.
   (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-SIX WEEKS AND SIX DAYS OF PREGNAN-
 CY.  SUCH CHANGES IN THE CERVIX INCLUDE, BUT ARE NOT LIMITED TO, EFFACE-
 MENT AND DILATION.
   (II) "PRE-TERM LABOR" DOES NOT INCLUDE LABOR RESULTING  IN  A  MISCAR-
 RIAGE WHICH OCCURS PRIOR TO TWENTY WEEKS OF PREGNANCY.
   (C)  "THERAPIST"  MEANS A PHYSICIAN, PSYCHIATRIST OR PSYCHOLOGIST OR A
 LICENSED CLINICAL SOCIAL WORKER WITHIN THE LAWFUL SCOPE OF  HIS  OR  HER
 PRACTICE  WHO  PROVIDES PSYCHIATRIC OR PSYCHOLOGICAL SERVICES OR FOR THE
 DIAGNOSIS AND TREATMENT OF MENTAL, NERVOUS OR  EMOTIONAL  DISORDERS  AND
 AILMENTS   AS  DESCRIBED  IN  SUBPARAGRAPH  (D)  OF  PARAGRAPH  FOUR  OF
 SUBSECTION (L) OF SECTION THIRTY-TWO HUNDRED TWENTY-ONE OF THE INSURANCE
 LAW OR SUBSECTION (I) OF SECTION FORTY-THREE HUNDRED THREE OF THE INSUR-
 ANCE LAW.
   § 3. The public health law is amended by adding a new  section  2803-w
 to read as follows:
   §  2803-W. INFORMATION FOR PRE-TERM LABOR PATIENTS. 1. (A) THE COMMIS-
 SIONER SHALL PREPARE AND PRODUCE INFORMATIONAL  MATERIALS  FOR  DISTRIB-
 UTION  BY  HOSPITALS  TO EXPECTANT MOTHERS WHO PRESENT THEMSELVES AT THE
 HOSPITAL WITH CONCERNS OF SUSPECTED PRE-TERM LABOR.    THE  COMMISSIONER
 SHALL ALSO MAKE SUCH INFORMATION AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   (B) SUCH MATERIALS SHALL CONTAIN THE FOLLOWING INFORMATION:
   (1)  BRIEF DEFINITIONS OR DESCRIPTIONS OF PRE-TERM LABOR AND PREMATURE
 BIRTH;
   (2) INFORMATION REGARDING THE RISKS THAT PRE-TERM LABOR AND  PREMATURE
 BIRTH POSE TO THE EXPECTANT MOTHER AND HER FETUS;
   (3)  A  CLEARLY  COMMUNICATED STATEMENT THAT INSURANCE COMPANIES DOING
 BUSINESS IN THIS STATE ARE REQUIRED TO PROVIDE  COVERAGE  FOR  MEDICALLY
 INDICATED PRE-TERM LABOR AND PREMATURE DELIVERY;
   (4)  A CLEARLY COMMUNICATED STATEMENT THAT MEDICAID BENEFITS PROVIDING
 COVERAGE FOR MEDICALLY INDICATED PRE-TERM LABOR AND  PREMATURE  DELIVERY
 IS  AVAILABLE  FOR  ALL PREGNANT WOMEN AND CHILDREN RESIDING IN NEW YORK
 STATE WHO MEET INCOME REQUIREMENTS REGARDLESS OF IMMIGRATION STATUS;
   (5) A STATEMENT URGING EXPECTANT MOTHERS TO  CONTACT  THEIR  INSURANCE
 COMPANY REGARDING THEIR BENEFITS; AND
   (6) SUCH OTHER MATERIALS AS DEEMED APPROPRIATE BY THE COMMISSIONER.
   (C)  THE  COMMISSIONER SHALL CONSULT WITH THE DEPARTMENT OF HEALTH AND
 MENTAL HYGIENE AND ORGANIZATIONS WITH EXPERTISE  IN  HEALTH  AND  HEALTH
 CARE  SYSTEMS  IN DEVELOPMENT OF THE INFORMATIONAL MATERIALS REQUIRED BY
 THIS SECTION.

 A. 2770--A                          3
 
   2. HOSPITALS SHALL PROVIDE THE MATERIALS PREPARED BY THE  COMMISSIONER
 PURSUANT TO THIS SECTION TO ANY EXPECTANT MOTHER WHO PRESENTS HERSELF AT
 THE HOSPITAL. HOSPITALS MAY ALSO ELECT TO DISTRIBUTE ADDITIONAL EXPLANA-
 TORY MATERIAL ALONG WITH SUCH MATERIALS.
   § 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 and two new subparagraphs (C) and (D) are added 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.
   (C)  COVERAGE  PROVIDED  UNDER  THIS SUBSECTION FOR CARE AND TREATMENT
 DURING PREGNANCY SHALL INCLUDE PROVISION FOR PART-TIME  OR  INTERMITTENT
 HOME  NURSING  CARE  BY OR UNDER THE SUPERVISION OF A REGISTERED PROFES-
 SIONAL NURSE TO MONITOR EXPECTANT MOTHERS WHO HAVE BEEN DIAGNOSED  BY  A
 PHYSICIAN  AS  HAVING  EXPERIENCED  PRE-TERM LABOR, AND FOR THE ADMINIS-
 TRATION OF MAKENA (17-ALPHA HYDROXYPROGESTERONE) BY SUCH NURSE. AS  USED
 IN  THIS  SUBSECTION, "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-SIX WEEKS AND SIX DAYS OF PREGNAN-
 CY, INCLUDING, BUT NOT LIMITED TO, EFFACEMENT AND DILATION.
   (D)  COVERAGE  PROVIDED  UNDER  THIS SUBSECTION FOR CARE AND TREATMENT
 DURING PREGNANCY SHALL INCLUDE PROVISIONS FOR VISITS WITH  A  PHYSICIAN,
 PSYCHIATRIST OR PSYCHOLOGIST OR A LICENSED CLINICAL SOCIAL WORKER WITHIN
 THE  LAWFUL  SCOPE  OF  HIS  OR HER PRACTICE WHO PROVIDES PSYCHIATRIC OR
 PSYCHOLOGICAL SERVICES OR FOR THE DIAGNOSIS  AND  TREATMENT  OF  MENTAL,
 NERVOUS   OR  EMOTIONAL  DISORDERS  AND  AILMENTS  FOR  ASSISTANCE  WITH
 EMOTIONAL ISSUES EXPERIENCED BY AN EXPECTANT MOTHER AND THE FAMILY OF AN
 EXPECTANT MOTHER WHO HAS:
   (I) LOST A FETUS THROUGH MISCARRIAGE OR STILLBIRTH;
   (II) LOST A CHILD WITHIN A MONTH AFTER THE BIRTH OF THE CHILD; OR
   (III) BEEN DIAGNOSED BY A PHYSICIAN  AS  HAVING  EXPERIENCED  PRE-TERM
 LABOR.
   §  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 and two new subparagraphs (C) and (D) are  added  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

 A. 2770--A                          4

 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.
   (C)  COVERAGE  PROVIDED  UNDER  THIS SUBSECTION FOR CARE AND TREATMENT
 DURING PREGNANCY SHALL INCLUDE PROVISION FOR PART-TIME  OR  INTERMITTENT
 HOME  NURSING  CARE  BY OR UNDER THE SUPERVISION OF A REGISTERED PROFES-
 SIONAL NURSE TO MONITOR EXPECTANT MOTHERS WHO HAVE BEEN DIAGNOSED  BY  A
 PHYSICIAN  AS  HAVING  EXPERIENCED  PRE-TERM LABOR, AND FOR THE ADMINIS-
 TRATION OF MAKENA (17-ALPHA HYDROXYPROGESTERONE) BY SUCH NURSE. AS  USED
 IN  THIS  SUBSECTION, "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-SIX WEEKS AND SIX DAYS OF PREGNAN-
 CY, INCLUDING, BUT NOT LIMITED TO, EFFACEMENT AND DILATION.
   (D)  COVERAGE  PROVIDED  UNDER  THIS SUBSECTION FOR CARE AND TREATMENT
 DURING PREGNANCY SHALL INCLUDE PROVISIONS FOR VISITS WITH  A  PHYSICIAN,
 PSYCHIATRIST OR PSYCHOLOGIST OR A LICENSED CLINICAL SOCIAL WORKER WITHIN
 THE  LAWFUL  SCOPE  OF  HIS  OR HER PRACTICE WHO PROVIDES PSYCHIATRIC OR
 PSYCHOLOGICAL SERVICES OR FOR THE DIAGNOSIS  AND  TREATMENT  OF  MENTAL,
 NERVOUS   OR  EMOTIONAL  DISORDERS  AND  AILMENTS  FOR  ASSISTANCE  WITH
 EMOTIONAL ISSUES EXPERIENCED BY AN EXPECTANT MOTHER AND THE FAMILY OF AN
 EXPECTANT MOTHER WHO HAS:
   (I) LOST A FETUS THROUGH MISCARRIAGE OR STILLBIRTH;
   (II) LOST A CHILD WITHIN A MONTH AFTER THE BIRTH OF THE CHILD; OR
   (III) BEEN DIAGNOSED BY A PHYSICIAN  AS  HAVING  EXPERIENCED  PRE-TERM
 LABOR.
   § 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 and two new paragraphs 3 and 4 are added 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.

 A. 2770--A                          5
 
   (3)  COVERAGE  PROVIDED  UNDER  THIS SUBSECTION FOR CARE AND TREATMENT
 DURING PREGNANCY SHALL INCLUDE PROVISION FOR PART-TIME  OR  INTERMITTENT
 HOME  NURSING  CARE  BY OR UNDER THE SUPERVISION OF A REGISTERED PROFES-
 SIONAL NURSE TO MONITOR EXPECTANT MOTHERS WHO HAVE BEEN DIAGNOSED  BY  A
 PHYSICIAN  AS  HAVING  EXPERIENCED  PRE-TERM LABOR, AND FOR THE ADMINIS-
 TRATION OF MAKENA (17-ALPHA HYDROXYPROGESTERONE) BY SUCH NURSE. AS  USED
 IN  THIS  SUBSECTION, "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-SIX WEEKS AND SIX DAYS OF PREGNAN-
 CY, INCLUDING, BUT NOT LIMITED TO, EFFACEMENT AND DILATION.
   (4)  COVERAGE  PROVIDED  UNDER  THIS SUBSECTION FOR CARE AND TREATMENT
 DURING PREGNANCY SHALL INCLUDE PROVISIONS FOR VISITS WITH  A  PHYSICIAN,
 PSYCHIATRIST OR PSYCHOLOGIST OR A LICENSED CLINICAL SOCIAL WORKER WITHIN
 THE  LAWFUL  SCOPE  OF  HIS  OR HER PRACTICE WHO PROVIDES PSYCHIATRIC OR
 PSYCHOLOGICAL SERVICES OR FOR THE DIAGNOSIS  AND  TREATMENT  OF  MENTAL,
 NERVOUS   OR  EMOTIONAL  DISORDERS  AND  AILMENTS  FOR  ASSISTANCE  WITH
 EMOTIONAL ISSUES EXPERIENCED BY AN EXPECTANT MOTHER AND THE FAMILY OF AN
 EXPECTANT MOTHER WHO HAS:
   (A) LOST A FETUS THROUGH MISCARRIAGE OR STILLBIRTH;
   (B) LOST A CHILD WITHIN A MONTH AFTER THE BIRTH OF THE CHILD; OR
   (C) BEEN DIAGNOSED BY  A  PHYSICIAN  AS  HAVING  EXPERIENCED  PRE-TERM
 LABOR.
   §  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 and completed
 on or before such date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2770--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M. of A. BICHOTTE, SOLAGES, JEAN-PIERRE, BARRON, WALKER,
   THIELE -- read once and referred to the Committee on Health -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted  to said committee -- 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 commit-
   tee
 
 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
   fetus
 
   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-a
 to read as follows:
   § 2509-A.  PRE-TERM LABOR CARE. 1. WHEN AN EXPECTANT  MOTHER  PRESENTS
 HERSELF  AT  A HOSPITAL WITH CONCERNS ABOUT BEING IN PRE-TERM LABOR, THE
 GENERAL HOSPITAL SHALL:
   (A) DETERMINE WHETHER THE EXPECTANT MOTHER IS IN PRE-TERM LABOR;
   (B) UPON MAKING A DIAGNOSIS OF PRE-TERM  LABOR,  ADMIT  THE  EXPECTANT
 MOTHER  TO  THE  GENERAL HOSPITAL OR TREAT HER IN THE EMERGENCY ROOM FOR
 CLOSE OBSERVATION AND CONTINUOUS MONITORING UNTIL IT IS DEEMED MEDICALLY
 SAFE FOR DISCHARGE FROM THE GENERAL HOSPITAL OR  STABILIZE  AND  ARRANGE
 FOR  AN APPROPRIATE TRANSFER OF SUCH EXPECTANT MOTHER TO ANOTHER GENERAL
 HOSPITAL; AND
   (C) PROVIDE THE EXPECTANT MOTHER WITH INFORMATION CONCERNING  PRE-TERM
 LABOR  AND  THE POTENTIAL HEALTH EFFECTS OF PRE-TERM LABOR AND PREMATURE

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

                                                            LBD00398-06-0

 A. 2770--B                          2
 
 BIRTH DELIVERY ON THE MOTHER AND ON HER FETUS  AS  REQUIRED  BY  SECTION
 TWENTY-EIGHT HUNDRED THREE-J OF THIS CHAPTER.
   2.  AS USED IN THIS SECTION, "GENERAL HOSPITAL" MEANS A GENERAL HOSPI-
 TAL AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   § 3. Subdivisions 1 and 1-a of section 2803-j  of  the  public  health
 law,  subdivision  1  as  amended by chapter 648 of the laws of 2019 and
 subdivision 1-a as added by chapter 56 of the laws of 1996, are  amended
 and a new subdivision 1-f is added 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 ALSO BE DISTRIBUTED TO ANY EXPECTANT MOTHER WHO  PRESENTS  HERSELF
 AT  THE HOSPITAL DURING PREGNANCY. Such leaflet shall be designed by the
 commissioner and shall contain brief definitions  of  maternity  related
 procedures and practices as specified in subdivision two of this section
 and  such  other  material  as  deemed  appropriate 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 information  contained  in  the
 leaflet  available  on the department's website and shall cause a suffi-
 cient number of leaflets to be printed  or  photocopied  to  allow  each
 pediatric  primary  care provider in the state to provide the leaflet to
 parents at a child's six month appointment.
   1-a. The informational leaflet shall also include:
   (A) an explanation of the special  provisions  relating  to  maternity
 care  and  coverage  under  the  insurance law and section [two thousand
 eight] TWENTY-EIGHT hundred  three-n  of  this  [chapter]  ARTICLE,  and
 suggest  that  expectant  parents check their insurance policies for the
 details of their maternity coverage; AND
   (B) A STATEMENT THAT THE MEDICAL ASSISTANCE PROGRAM PROVIDES  COVERAGE
 FOR  ALL  INCOME-ELIGIBLE  PREGNANT  WOMEN  AND CHILDREN RESIDING IN THE
 STATE REGARDLESS OF IMMIGRATION STATUS.
   1-F. THE INFORMATIONAL LEAFLET SHALL ALSO INCLUDE INFORMATION RELATING
 TO PRE-TERM LABOR AND PREMATURE BIRTH,  INCLUDING  BUT  NOT  LIMITED  TO
 DEFINITIONS  AND INFORMATION ON THE RISKS THAT PRE-TERM LABOR AND PREMA-
 TURE BIRTH POSE TO THE EXPECTANT MOTHER AND FETUS.
   § 4. 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  and  completed
 on or before such date.