S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3276
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A. JOYNER, GOTTFRIED, JEAN-PIERRE, L. ROSENTHAL,
   THIELE, OTIS, BRONSON, HUNTER, ABINANTI,  HEVESI,  FAHY,  ENGLEBRIGHT,
   SIMON,   BICHOTTE,   SEAWRIGHT,   BARRON,   TAYLOR,   ARROYO,   GALEF,
   PEOPLES-STOKES,  RA,  FERNANDEZ,  RIVERA,  WRIGHT,  DICKENS,   D'URSO,
   JAFFEE,  LAVINE,  SOLAGES,  BARRETT,  EPSTEIN,  DAVILA,  LIFTON, NIOU,
   ROZIC, MONTESANO, COOK, GLICK, MOSLEY, ORTIZ, STERN -- read  once  and
   referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to maternal mortality
   review  boards and the maternal mortality and morbidity advisory coun-
   cil
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The legislature finds that
 maternal  mortality and morbidity is a serious public health concern and
 has a serious family and societal impact. New York state has  among  the
 highest  maternal  mortality rates in the country and racial disparities
 remain significant. The U.S. Centers for Disease Control and  Prevention
 has  determined that a regular process for professional, multi-discipli-
 nary, confidential review of all maternal deaths can help  identify  the
 causes  of  maternal  mortality, and those findings can lead to clinical
 and social change that can help prevent maternal mortality. The same  is
 true  for  severe  maternal  morbidity.  Confidentiality is important to
 ensure that full information is made available in the review process  to
 maximize protection of maternal health.
   Section  3  of  article  17  of  the  state  constitution states: "The
 protection and promotion of the health of the inhabitants of  the  state
 are  matters  of  public concern and provision therefor shall be made by
 the state and by such of its subdivisions and in  such  manner,  and  by
 such  means  as  the legislature shall from time to time determine." The
 legislature finds that the creation of a state maternal mortality review
 board, and recognition and protection of a city  of  New  York  maternal
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00490-02-9

 A. 3276                             2
 
 mortality  review  board, are a matter of state concern and an important
 exercise of the legislature's  constitutional  mandate  to  protect  the
 public health.
   §  2. 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 MATERNAL MORBIDITY AND DEVELOP-
 ING  AND  DISSEMINATING FINDINGS, RECOMMENDATIONS, AND BEST PRACTICES TO
 CONTRIBUTE TO THE PREVENTION OF MATERNAL MORTALITY AND MORBIDITY.    THE
 BOARD  SHALL  ASSESS  THE  CAUSE  OF DEATH, FACTORS LEADING TO DEATH AND
 PREVENTABILITY FOR EACH MATERNAL DEATH REVIEWED AND, IN  THE  DISCRETION
 OF  THE BOARD, CASES OF SEVERE MATERNAL MORBIDITY, AND SHALL DEVELOP AND
 DISSEMINATE STRATEGIES FOR REDUCING THE RISK OF MATERNAL  MORTALITY  AND
 MORBIDITY,  INCLUDING  RISK  RESULTING  FROM  RACIAL, ECONOMIC, OR OTHER
 DISPARITIES.  THE COMMISSIONER MAY DELEGATE  THE  AUTHORITY  TO  CONDUCT
 MATERNAL MORTALITY REVIEWS.
   (B)  THE COMMISSIONER MAY ENTER INTO AN AGREEMENT WITH THE CITY OF NEW
 YORK PROVIDING:
   (I) THAT THE FUNCTIONS OF THE STATE BOARD RELATING TO MATERNAL  DEATHS
 AND  SEVERE  MATERNAL  MORBIDITY  OCCURRING  WITHIN THE CITY OF NEW YORK
 SHALL BE CONDUCTED BY THE CITY BOARD;
   (II) THE CITY BOARD SHALL PROVIDE TO THE STATE BOARD  THE  RESULTS  OF
 ITS  REVIEWS,  RELEVANT INFORMATION IN THE POSSESSION OF THE CITY BOARD,
 AND THE RECOMMENDATIONS OF THE CITY BOARD; AND
   (III) THE DEPARTMENT AND THE STATE BOARD SHALL PROVIDE INFORMATION AND
 ASSISTANCE TO THE CITY BOARD FOR THE PERFORMANCE OF ITS FUNCTIONS.
   (C) NOTHING IN THIS SECTION SHALL PREVENT THE CITY OF  NEW  YORK  FROM
 ESTABLISHING, WITHOUT AN AGREEMENT WITH THE COMMISSIONER, A BOARD RELAT-
 ING  TO  MATERNAL  DEATHS AND SEVERE MATERNAL MORBIDITY OCCURRING WITHIN
 THE CITY OF NEW YORK.
   2. AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
   (A) "ADVISORY COUNCIL" AND "COUNCIL"  MEAN  THE  ADVISORY  COUNCIL  ON
 MATERNAL MORTALITY AND MORBIDITY, ESTABLISHED UNDER THIS SECTION.
   (B)  "BOARD"  MEANS  A  MATERNAL MORTALITY REVIEW BOARD ESTABLISHED BY
 THIS SECTION, REFERRED TO IN THIS SECTION AS THE  "STATE  BOARD",  OR  A
 BOARD  OPERATING UNDER THIS SECTION ESTABLISHED BY THE CITY OF NEW YORK,
 WITH OR WITHOUT AN AGREEMENT WITH THE COMMISSIONER, REFERRED TO IN  THIS
 SECTION AS THE "CITY BOARD".
   (C)  "MATERNAL  DEATH"  MEANS THE DEATH OF A WOMAN DURING PREGNANCY OR
 WITHIN A YEAR FROM THE END OF PREGNANCY.
   (D) "SEVERE MATERNAL MORBIDITY" MEANS UNEXPECTED OUTCOMES OF  PREGNAN-
 CY,  LABOR,  OR  DELIVERY THAT RESULT IN SIGNIFICANT SHORT- OR LONG-TERM
 CONSEQUENCES TO A WOMAN'S HEALTH.
   (E) "CITY COMMISSIONER" MEANS THE COMMISSIONER OF THE  NEW  YORK  CITY
 DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
   3.  (A) THE MEMBERS OF THE STATE BOARD SHALL BE COMPRISED OF MULTIDIS-
 CIPLINARY EXPERTS IN THE FIELD OF MATERNAL MORTALITY, WOMEN'S HEALTH AND
 PUBLIC HEALTH, AND SHALL INCLUDE  HEALTH  CARE  PROFESSIONALS  OR  OTHER
 EXPERTS  WHO  SERVE AND ARE REPRESENTATIVE OF THE DIVERSITY OF THE WOMEN
 AND MOTHERS IN MEDICALLY UNDERSERVED AREAS OF THE STATE OR AREAS OF  THE
 STATE  WITH DISPROPORTIONATELY HIGH OCCURRENCES OF MATERNAL MORTALITY OR
 MORBIDITY.
   (B) THE STATE BOARD SHALL BE COMPOSED OF AT LEAST FIFTEEN MEMBERS, ALL
 OF WHOM SHALL BE APPOINTED BY THE COMMISSIONER.

 A. 3276                             3
 
   (C) THE TERMS OF THE STATE BOARD MEMBERS SHALL  BE  THREE  YEARS.  THE
 COMMISSIONER  MAY  CHOOSE TO REAPPOINT STATE BOARD MEMBERS TO ADDITIONAL
 THREE YEAR TERMS.
   (D) A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE STATE BOARD, NO LESS
 THAN THREE, SHALL CONSTITUTE A QUORUM.
   (E)  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.
   (F) 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.
   (G) MEMBERS OF THE STATE AND CITY BOARDS SHALL  BE  INDEMNIFIED  UNDER
 SECTION  SEVENTEEN  OF THE PUBLIC OFFICERS LAW OR SECTION FIFTY-K OF THE
 GENERAL MUNICIPAL LAW, AS THE CASE MAY BE.
   (H) MEMBERS OF THE STATE BOARD SHALL  NOT  BE  COMPENSATED  FOR  THEIR
 PARTICIPATION  ON  THE  BOARD  BUT SHALL RECEIVE REIMBURSEMENT FOR THEIR
 ORDINARY AND NECESSARY EXPENSES OF PARTICIPATION.
   (I) MEMBERSHIP ON A BOARD SHALL NOT DISQUALIFY ANY PERSON FROM HOLDING
 ANY PUBLIC OFFICE OR EMPLOYMENT.
   4. (A) THE COMMISSIONER AND THE CITY COMMISSIONER, AS THE CASE MAY BE,
 MAY REQUEST AND SHALL RECEIVE UPON REQUEST FROM  ANY  DEPARTMENT,  DIVI-
 SION, BOARD, BUREAU, COMMISSION, LOCAL HEALTH DEPARTMENTS OR OTHER AGEN-
 CY  OF THE STATE OR POLITICAL SUBDIVISION THEREOF OR ANY PUBLIC AUTHORI-
 TY, AS WELL AS HOSPITALS ESTABLISHED PURSUANT TO ARTICLE TWENTY-EIGHT OF
 THIS CHAPTER,  BIRTHING  FACILITIES,  MEDICAL  EXAMINERS,  CORONERS  AND
 CORONER  PHYSICIANS AND ANY OTHER FACILITY PROVIDING SERVICES ASSOCIATED
 WITH MATERNAL MORTALITY, SUCH INFORMATION, INCLUDING,  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.
   (B) THE COMMISSIONER AND THE CITY COMMISSIONER SHALL RECEIVE  AND  MAY
 SOLICIT  VOLUNTARY  INFORMATION,  INCLUDING  ORAL OR WRITTEN STATEMENTS,
 RELATING TO ANY MATERNAL DEATH AND CASE OF  SEVERE  MATERNAL  MORBIDITY,
 FROM  ANY FAMILY MEMBER OR OTHER INTERESTED PARTY (INCLUDING THE PATIENT
 IN A CASE OF SEVERE MATERNAL MORBIDITY) RELATING TO ANY  CASE  THAT  MAY
 COME  BEFORE  THE  BOARD.  ORAL STATEMENTS RECEIVED UNDER THIS PARAGRAPH
 SHALL BE TRANSCRIBED OR SUMMARIZED IN WRITING. THE COMMISSIONER AND  THE
 CITY COMMISSIONER SHALL TRANSMIT THAT INFORMATION TO THE BOARD CONSIDER-
 ING THE CASE.
   (C) BEFORE TRANSMITTING ANY INFORMATION TO THE BOARD, THE COMMISSIONER
 OR  THE CITY COMMISSIONER SHALL REMOVE ALL PERSONAL IDENTIFYING INFORMA-
 TION OF THE WOMAN, HEALTH CARE PRACTITIONER OR PRACTITIONERS  OR  ANYONE
 ELSE  INDIVIDUALLY NAMED IN SUCH INFORMATION, AS WELL AS THE HOSPITAL OR
 FACILITY THAT TREATED THE WOMAN,  AND  ANY  OTHER  INFORMATION  SUCH  AS
 GEOGRAPHIC  LOCATION  THAT MAY INADVERTENTLY IDENTIFY THE WOMAN, PRACTI-
 TIONER OR FACILITY.  THIS PARAGRAPH SHALL NOT PRECLUDE THE  TRANSMITTING
 OF  INFORMATION  TO THE BOARD THAT IS REASONABLY NECESSARY TO ENABLE THE
 BOARD TO PERFORM AN APPROPRIATE REVIEW UNDER THIS SECTION.
   5. EACH BOARD:
   (A) SHALL MAKE AND REPORT FINDINGS AND RECOMMENDATIONS TO THE  COMMIS-
 SIONER  OR CITY COMMISSIONER, AS THE CASE MAY BE, REGARDING THE CAUSE OF
 DEATH, FACTORS LEADING TO DEATH, AND  PREVENTABILITY  OF  EACH  MATERNAL
 DEATH  CASE,  AND EACH CASE OF SEVERE MATERNAL MORBIDITY REVIEWED BY THE
 BOARD, BY REVIEWING RELEVANT INFORMATION FOR EACH CASE IN THE  STATE  OR

 A. 3276                             4
 
 THE CITY OF NEW YORK, AS THE CASE MAY BE, AND CONSULTING WITH EXPERTS AS
 NEEDED  TO  EVALUATE  THE  INFORMATION FOR EACH DEATH; AND SHALL PROVIDE
 SUCH FINDINGS AND RECOMMENDATIONS, INCLUDING BEST PRACTICES AND  STRATE-
 GIES  FOR  REDUCING THE RISK OF MATERNAL MORTALITY AND MORBIDITY, TO THE
 ADVISORY COUNCIL; PROVIDED THAT MATERIAL PROVIDED TO THE ADVISORY  COUN-
 CIL  SHALL  NOT INCLUDE ANY INFORMATION THAT WOULD BE CONFIDENTIAL UNDER
 THIS SECTION;
   (B) SHALL DEVELOP RECOMMENDATIONS TO THE COMMISSIONER OR CITY  COMMIS-
 SIONER,  AS  THE  CASE  MAY  BE, FOR AREAS OF FOCUS, INCLUDING ISSUES OF
 SEVERE MATERNAL MORBIDITY  AND  ISSUES  OF  RACIAL,  ECONOMIC  OR  OTHER
 DISPARITIES IN MATERNAL OUTCOMES;
   (C)  MAY,  IN  ADDITION TO THE FINDINGS AND RECOMMENDATIONS MADE UNDER
 THIS SUBDIVISION, AND CONSISTENT  WITH  ALL  APPLICABLE  CONFIDENTIALITY
 PROTECTIONS, BRING ANY PARTICULAR MATTER TO THE ATTENTION OF THE COMMIS-
 SIONER OR THE CITY COMMISSIONER;
   (D) SHALL ISSUE A REPORT ON ITS FINDINGS AND RECOMMENDATIONS EVERY TWO
 YEARS,  AND MAY ALSO ISSUE REPORTS MORE FREQUENTLY. THE REPORTS SHALL BE
 PUBLIC DOCUMENTS; AND
   (E) MAY REQUEST AND SHALL RECEIVE THE ASSISTANCE OF  THE  COMMISSIONER
 AND THE CITY COMMISSIONER IN CARRYING OUT ITS FUNCTIONS.
   6.  THE  COMMISSIONER AND THE CITY COMMISSIONER AND THE STATE AND CITY
 BOARDS  SHALL  EACH  KEEP  CONFIDENTIAL  ANY  INFORMATION  COLLECTED  OR
 RECEIVED  UNDER THIS SECTION THAT INCLUDES PERSONAL IDENTIFYING INFORMA-
 TION OF THE WOMAN, HEALTH CARE PRACTITIONER OR PRACTITIONERS  OR  ANYONE
 ELSE  INDIVIDUALLY NAMED IN SUCH INFORMATION, AS WELL AS THE HOSPITAL OR
 FACILITY THAT TREATED THE WOMAN,  AND  ANY  OTHER  INFORMATION  SUCH  AS
 GEOGRAPHIC  LOCATION  THAT MAY INADVERTENTLY IDENTIFY THE WOMAN, PRACTI-
 TIONER OR FACILITY, AND SHALL USE THE INFORMATION PROVIDED  OR  RECEIVED
 UNDER THIS SECTION SOLELY FOR THE PURPOSES OF IMPROVEMENT OF THE QUALITY
 OF HEALTH CARE OF WOMEN AND TO PREVENT MATERNAL MORTALITY AND MORBIDITY.
 THIS  SUBDIVISION  SHALL NOT PRECLUDE THE TRANSMITTING OF INFORMATION TO
 THE BOARD THAT IS REASONABLY NECESSARY TO ENABLE THE BOARD TO PERFORM AN
 APPROPRIATE REVIEW UNDER THIS SECTION.  ALL RECORDS  RECEIVED,  MEETINGS
 CONDUCTED,  REPORTS  AND  RECORDS  MADE AND MAINTAINED AND ALL BOOKS AND
 PAPERS OBTAINED BY THE BOARD SHALL BE CONFIDENTIAL AND SHALL NOT BE MADE
 OPEN OR AVAILABLE, INCLUDING UNDER ARTICLE SIX OF  THE  PUBLIC  OFFICERS
 LAW,  AND  SHALL BE LIMITED TO BOARD MEMBERS AS WELL AS THOSE AUTHORIZED
 BY THE COMMISSIONER OR CITY COMMISSIONER.  SUCH INFORMATION SHALL NOT BE
 DISCOVERABLE OR ADMISSIBLE AS EVIDENCE IN ANY ACTION  IN  ANY  COURT  OR
 BEFORE ANY OTHER TRIBUNAL, BOARD, AGENCY OR PERSON.
   7. THE COMMISSIONER AND THE CITY COMMISSIONER, WITHIN THEIR RESPECTIVE
 LEGAL  AUTHORITY, MAY USE THE RECOMMENDATIONS AND FINDINGS OF THE BOARDS
 TO DEVELOP GUIDANCE AND OTHER ACTIONS RELATING TO  BEST  PRACTICES,  AND
 SHALL  DISSEMINATE  INFORMATION  RELATING  TO  THAT  GUIDANCE  AND OTHER
 ACTIONS TO APPROPRIATE HEALTH CARE PROVIDERS.
   8. (A) THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT AN ADVISORY COUN-
 CIL ON MATERNAL MORTALITY AND MORBIDITY.
   (B) THE ADVISORY COUNCIL:
   (I) MAY REVIEW THE FINDINGS OF THE BOARDS;
   (II) MAY DEVELOP RECOMMENDATIONS  ON  POLICIES,  BEST  PRACTICES,  AND
 STRATEGIES TO PREVENT MATERNAL MORTALITY AND MORBIDITY;
   (III) MAY HOLD PUBLIC HEARINGS ON THOSE MATTERS;
   (IV)  MAY MAKE FINDINGS AND ISSUE REPORTS, INCLUDING AN ANNUAL REPORT,
 ON SUCH MATTERS; AND
   (V) MAY REQUEST AND SHALL RECEIVE THE ASSISTANCE OF THE  COMMISSIONER,
 THE CITY COMMISSIONER, AND THE BOARDS IN CARRYING OUT ITS FUNCTIONS.

 A. 3276                             5
 
   (C)  THE ADVISORY COUNCIL SHALL CONSIST OF AT LEAST TWENTY MEMBERS, TO
 BE DETERMINED BY THE COMMISSIONER. THE COMMISSIONER AND THE CITY COMMIS-
 SIONER SHALL EACH APPOINT HALF  OF  THE  MEMBERS  OF  THE  COUNCIL.  THE
 COMMISSIONER SHALL APPOINT THE CHAIR OF THE COUNCIL.
   (D) THE MEMBERS OF THE COUNCIL SHALL BE COMPRISED OF MULTIDISCIPLINARY
 EXPERTS  AND  LAY PERSONS KNOWLEDGEABLE IN THE FIELD OF MATERNAL MORTAL-
 ITY, WOMEN'S HEALTH AND PUBLIC HEALTH  AND  SHALL  INCLUDE  MEMBERS  WHO
 SERVE  AND  ARE REPRESENTATIVE OF THE DIVERSITY OF THE WOMEN AND MOTHERS
 IN MEDICALLY UNDERSERVED AREAS OF THE STATE OR AREAS OF THE  STATE  WITH
 DISPROPORTIONATELY HIGH OCCURRENCES OF MATERNAL MORTALITY OR MORBIDITY.
   (E)  THE  TERMS  OF  THE  COUNCIL  MEMBERS  SHALL  BE THREE YEARS. THE
 APPOINTING OFFICIAL MAY CHOOSE TO REAPPOINT  COUNCIL  MEMBERS  TO  ADDI-
 TIONAL  THREE-YEAR  TERMS.  VACANCIES  ON THE COUNCIL SHALL BE FILLED BY
 APPOINTMENT BY THE APPOINTING OFFICIAL.   A MAJORITY  OF  THE  APPOINTED
 MEMBERSHIP  OF THE COUNCIL SHALL CONSTITUTE A QUORUM. WHEN ANY MEMBER OF
 THE COUNCIL FAILS TO ATTEND THREE CONSECUTIVE REGULAR  MEETINGS,  UNLESS
 SUCH ABSENCE IS FOR GOOD CAUSE, THAT MEMBERSHIP MAY BE DEEMED VACANT FOR
 PURPOSES OF THE APPOINTMENT OF A SUCCESSOR.
   (F) MEETINGS OF THE COUNCIL SHALL BE HELD AT LEAST TWICE A YEAR.
   (G)  MEMBERS  OF THE COUNCIL SHALL BE INDEMNIFIED UNDER SECTION SEVEN-
 TEEN OF THE PUBLIC OFFICERS LAW. MEMBERS OF THE  COUNCIL  SHALL  NOT  BE
 COMPENSATED  FOR  THEIR  PARTICIPATION  ON THE COUNCIL BUT SHALL RECEIVE
 REIMBURSEMENT FOR THEIR  ORDINARY  AND  NECESSARY  EXPENSES  OF  PARTIC-
 IPATION.  MEMBERSHIP ON THE COUNCIL SHALL NOT DISQUALIFY ANY PERSON FROM
 HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT.
   § 3. This act shall take effect immediately.