S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1254
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- 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 fetus; to amend a chapter of the  laws  of
   2020,  amending  the  public health law relating to enacting the Jonah
   Bichotte Cowan law, as proposed in legislative  bills  numbers  S.8525
   and  A.2770-C, in relation to the effectiveness thereof; and to repeal
   certain provisions of the public health law related thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2509-b of the public health law as added by a chap-
 ter  of  the  laws  of  2020, amending the public health law relating to
 enacting the Jonah Bichotte Cowan law, as proposed in legislative  bills
 numbers S.8525 and A.2770-C is REPEALED.
   §  2.  Subdivisions  1  and 1-a of section 2803-j of the public health
 law, as amended by a chapter of the laws of 2020,  amending  the  public
 health  law  relating  to  enacting  the  Jonah  Bichotte  Cowan law, as
 proposed in legislative bills numbers S.8525 and A.2770-C,  are  amended
 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  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07165-01-1

 A. 1254                             2
 
 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.
   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  twenty-eight
 hundred  three-n  of  this  article,  and suggest that expectant parents
 check their insurance policies for the details of their maternity cover-
 age[; 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].
   § 3. Subdivision 1-f of section 2803-j of the  public  health  law  as
 added  by  a chapter of the laws of 2020, amending the public health law
 relating to enacting the Jonah Bichotte Cowan law, as proposed by legis-
 lative bills numbers S.8525 and A.2770-C is REPEALED.
   § 4. Section 2803-n of the public health law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  THE HOSPITAL SHALL ADOPT, IMPLEMENT AND PERIODICALLY UPDATE STAND-
 ARD PROTOCOLS FOR  MANAGEMENT  OF  OTHER  EMERGENCY  MEDICAL  CONDITIONS
 RELATED  TO PREGNANCY FOR EXPECTANT MOTHERS BEING ADMITTED TO THE HOSPI-
 TAL OR PRESENTING TO THE EMERGENCY DEPARTMENT, INCLUDING BUT NOT LIMITED
 TO PRE-TERM LABOR. SUCH PROTOCOLS SHALL REQUIRE THE HOSPITAL  TO  DETER-
 MINE  WHETHER  AN  EXPECTANT MOTHER IS EXPERIENCING AN EMERGENCY MEDICAL
 CONDITION, AND UPON MAKING A DIAGNOSIS OF AN  EMERGENCY  MEDICAL  CONDI-
 TION,  ADMIT  THE EXPECTANT MOTHER TO THE HOSPITAL OR TREAT THEM  IN THE
 EMERGENCY ROOM FOR CLOSE OBSERVATION AND CONTINUOUS MONITORING UNTIL  IT
 IS  DEEMED  MEDICALLY  SAFE FOR DISCHARGE OR TRANSFER IN ACCORDANCE WITH
 STATE AND FEDERAL REQUIREMENTS INCLUDING THE FEDERAL  EMERGENCY  MEDICAL
 TREATMENT AND LABOR ACT (EMTALA).
   §  5.  Section 266 of the public health law as added by chapter 342 of
 the laws of 2014, is amended by adding two new subdivisions 4 and  5  to
 read as follows:
   4.  INFORMATION  PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION SHALL
 INCLUDE INFORMATION RELATED  TO  PRE-TERM  LABOR  AND  PREMATURE  BIRTH,
 INCLUDING BUT NOT LIMITED TO DEFINITIONS AND INFORMATION ON THE RISKS OF
 PRE-TERM LABOR AND PREMATURE BIRTH TO THE EXPECTANT MOTHER AND FETUS, AS
 WELL AS SIGNS AND SYMPTOMS OF PRE-TERM LABOR. THE INFORMATION SHALL ALSO
 INCLUDE:
   (A)  A STATEMENT THAT THE MEDICAL ASSISTANCE PROGRAM PROVIDES COVERAGE
 FOR ALL INCOME-ELIGIBLE PREGNANT WOMEN RESIDING IN THE STATE  REGARDLESS
 OF IMMIGRATION STATUS; AND
   (B)  A  STATEMENT  INFORMING  INDIVIDUALS  OF THEIR RIGHT TO REQUEST A
 HOSPITAL  DISCHARGE  REVIEW  IN  ACCORDANCE  WITH  SECTION  TWENTY-EIGHT
 HUNDRED  THREE-I OF THIS ARTICLE IF THEY BELIEVE THEY ARE BEING ASKED TO
 LEAVE A HOSPITAL TOO SOON; AND
   (C) A STATEMENT INFORMING INDIVIDUALS THAT  HOSPITALS  MUST  DETERMINE
 WHETHER  AN EXPECTANT MOTHER IS EXPERIENCING AN EMERGENCY MEDICAL CONDI-
 TION, AND UPON MAKING A DIAGNOSIS OF  AN  EMERGENCY  MEDICAL  CONDITION,
 ADMIT THE EXPECTANT MOTHER TO THE GENERAL HOSPITAL OR TREAT THEM  IN THE
 EMERGENCY  ROOM FOR CLOSE OBSERVATION AND CONTINUOUS MONITORING UNTIL IT
 IS DEEMED MEDICALLY SAFE FOR DISCHARGE OR TRANSFER  IN  ACCORDANCE  WITH
 STATE  AND  FEDERAL REQUIREMENTS INCLUDING THE FEDERAL EMERGENCY MEDICAL
 TREATMENT AND LABOR ACT (EMTALA).

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   5. THE DEPARTMENT SHALL DEVELOP EDUCATIONAL MATERIALS TO  BE  PROVIDED
 TO  EMERGENCY  ROOM  MEDICAL  STAFF  REGARDING  THE  STATE  AND  FEDERAL
 DISCHARGE AND TRANSFER REQUIREMENTS.
   §  6.  Section 2803-w of the public health law, as added by chapter 76
 of the laws of 2020, is amended to read as follows:
   § 2803-w.  Disclosure  of  information  concerning  pregnancy  compli-
 cations.  Every hospital offering maternity or women's wellness services
 shall provide the information developed pursuant to SUBDIVISIONS TWO AND
 FOUR OF section two hundred sixty-six of this chapter, as added by chap-
 ter 342 of the laws of 2014, to pregnant patients as  clinically  appro-
 priate,  but  prior to discharge. IN ADDITION, SUCH INFORMATION SHALL BE
 PROVIDED AT THE  TIME  OF  PRE-BOOKING  TO  EACH  PROSPECTIVE  MATERNITY
 PATIENT AND, UPON REQUEST, TO THE GENERAL PUBLIC. Such information shall
 also  be  provided  by  every  diagnostic  and treatment center offering
 prenatal care services upon the initial prenatal care visit.
   § 7. Section 4 of a chapter of the laws of 2020, amending  the  public
 health  law  relating  to  enacting  the  Jonah  Bichotte  Cowan law, as
 proposed in legislative bills numbers S.8525 and A.2770-C, is amended to
 read as follows:
   § 4. This act shall take effect [on the sixtieth day] ONE  YEAR  after
 it  shall have become a law.  Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.
   §  8.  This act shall take effect immediately; provided, however, that
 sections one, two, three, five and six, shall take effect  on  the  same
 date  and  in the same manner as a chapter of the laws of 2020, amending
 the public health law relating to enacting the Jonah Bichotte Cowan law,
 as proposed in legislative bills  numbers  S.8525  and  A.2770-C,  takes
 effect;  provided,  further,  that  section  four of this act shall take
 effect on the one hundred eightieth day after a chapter of the  laws  of
 2020,  amending  the  public  health  law relating to enacting the Jonah
 Bichotte Cowan law, as proposed in legislative bills numbers S.8525  and
 A.2770-C, takes effect.