Assembly Bill A9714A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9714--A
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced by M. of A. PAULIN, GOTTFRIED, ABINANTI, BURDICK -- read once
   and  referred to the Committee on Health -- 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 establishing the
   cesarean births review board

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2500-n to read as follows:
   § 2500-N. CESAREAN BIRTHS REVIEW BOARD. 1. THERE IS HEREBY ESTABLISHED
 IN THE DEPARTMENT THE CESAREAN BIRTHS REVIEW BOARD, HEREINAFTER REFERRED
 TO AS THE "BOARD". THE MEMBERS  OF  THE  BOARD  SHALL  BE  COMPRISED  OF
 EXPERTS IN THE FIELDS OF MATERNAL MORTALITY, MATERNAL HEALTH, AND PUBLIC
 HEALTH.    THE  APPOINTMENT OF ANY MEMBER OF THE BOARD SHALL BE BASED IN
 PART ON THE OBJECTIVE OF ENSURING THAT THE BOARD  INCLUDES  EXPERTS  WHO
 ARE REPRESENTATIVE OF THE RACIAL, ETHNIC, AND SOCIOECONOMIC DIVERSITY OF
 THE BIRTHING PEOPLE OF THE STATE.
   2.  THE BOARD SHOULD BE COMPOSED OF TWELVE MEMBERS WHICH SHALL INCLUDE
 EIGHT MEMBERS TO BE APPOINTED BY THE GOVERNOR AS FOLLOWS:  TWO  LICENSED
 MIDWIVES  IN  THE STATE; TWO LICENSED AND REGISTERED NURSES SPECIALIZING
 IN OBSTETRICS IN THE STATE; TWO PHYSICIANS  SPECIALIZING  IN  OBSTETRICS
 AND GYNECOLOGY LICENSED AND REGISTERED TO PRACTICE IN THE STATE; AND TWO
 REPRESENTATIVES  OF A WOMEN'S MATERNAL HEALTH ORGANIZATION THAT OPERATES
 IN THE STATE; AND FOUR ADDITIONAL MEMBERS, TWO APPOINTED ON  THE  RECOM-
 MENDATION  OF THE TEMPORARY PRESIDENT OF THE SENATE AND TWO APPOINTED ON
 THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY.   THE GOVERNOR  SHALL
 DESIGNATE  THE  COMMISSIONER,  OR THEIR DESIGNEE, AS CHAIR OF THE BOARD.
 MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION  FOR  THEIR  SERVICES
 BUT  MAY BE REIMBURSED FOR NECESSARY AND ACTUAL EXPENSES INCURRED IN THE
 PERFORMANCE OF THEIR DUTIES HEREUNDER.
   3. THE BOARD SHALL UNDERTAKE A REVIEW OF CESAREAN BIRTHS AT  HOSPITALS
 IN  THE STATE. THE BOARD SHALL ISSUE A FINAL REPORT AND MAKE RECOMMENDA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15208-04-2
              

 A. 9714--A                          2
 
 TIONS TO REDUCE THE RATE OF CESAREAN BIRTHS  IN  THE  STATE.  THE  BOARD
 SHALL CONSIDER FACTORS INCLUDING, BUT NOT LIMITED TO:
   (A) THE PRIMARY AND REPEAT CESAREAN BIRTH RATES AMONG HOSPITALS IN THE
 STATE;
   (B)  THE HOSPITALS IN THE STATE THAT ALLOW OR ENCOURAGE VAGINAL BIRTHS
 AFTER CESAREAN BIRTHS;
   (C) THE RATE OF VAGINAL BIRTHS AFTER CESAREAN BIRTHS  AMONG  HOSPITALS
 IN THE STATE;
   (D) THE RATE OF VAGINAL BIRTHS AFTER CESAREAN BIRTHS THAT WERE OFFERED
 BY HOSPITALS IN THE STATE BUT DECLINED BY THE BIRTHING PERSON;
   (E)  THE  RATE  OF  VAGINAL  BIRTHS  AFTER  CESAREAN  BIRTHS THAT WERE
 ATTEMPTED BUT FAILED AMONG HOSPITALS IN THE STATE;
   (F) THE TIME OF DAY UNPLANNED CESAREAN BIRTHS OCCUR IN HOSPITALS,  AND
 WHETHER SUCH CORRELATES WITH THE RATE OF CESAREAN BIRTHS IN A HOSPITAL;
   (G)  THE  NUMBER  OF BIRTHING PEOPLE WHO ELECT TO HAVE MIDWIVES ATTEND
 LABOR AND DELIVERY IN HOSPITALS IN THE STATE;
   (H) THE FREQUENCY OF MIDWIFERY CARE DURING LABOR IN  HOSPITALS  ACROSS
 THE  STATE  AND  WHAT  IMPACT,  IF ANY, THIS HAS ON THE RATE OF CESAREAN
 BIRTHS; AND
   (I) THE NUMBER OF BIRTHING PEOPLE WHO WERE INFORMED  BY  THEIR  HEALTH
 CARE  PROVIDER  ABOUT  THE  POTENTIAL  RISKS, BENEFITS, AND ALTERNATIVES
 RELATED TO CESAREAN BIRTHS BEFORE LABOR.
   4. THE BOARD MAY REQUEST AND  SHALL  RECEIVE  UPON  REQUEST  FROM  ANY
 DEPARTMENT,  DIVISION,  BOARD,  BUREAU, COMMISSION, LOCAL HEALTH DEPART-
 MENTS OR ANY OTHER AGENCY IN THE STATE OR POLITICAL SUBDIVISION  THEREOF
 OR  ANY PUBLIC AUTHORITY, SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO
 MEDICAL RECORDS, BIRTH RECORDS, AND ANY OTHER INFORMATION THAT WILL HELP
 THE DEPARTMENT UNDER THIS SECTION TO PROPERLY CARRY OUT  ITS  FUNCTIONS,
 POWERS AND DUTIES.
   5. THE BOARD SHALL, WITHIN EIGHTEEN MONTHS OF CONVENING, ISSUE A FINAL
 REPORT  ON  ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR, SPEAKER OF
 THE ASSEMBLY, AND TEMPORARY PRESIDENT OF THE  SENATE.  THE  BOARD  SHALL
 POST A COPY OF SUCH REPORT ON THE DEPARTMENT'S WEBSITE.
   6.    THE  BOARD  SHALL KEEP CONFIDENTIAL ANY INFORMATION COLLECTED OR
 RECEIVED UNDER THIS SECTION THAT INCLUDES PERSONAL IDENTIFYING  INFORMA-
 TION  OF  THE BIRTHING PERSON, HEALTH CARE PRACTITIONER OR PRACTITIONERS
 OR ANYONE ELSE INDIVIDUALLY NAMED IN SUCH INFORMATION, AS  WELL  AS  THE
 HOSPITAL  OR  FACILITY  THAT  TREATED THE BIRTHING PERSON, AND ANY OTHER
 INFORMATION SUCH AS GEOGRAPHIC LOCATION THAT MAY INADVERTENTLY  IDENTIFY
 THE  BIRTHING PERSON, PRACTITIONER OR FACILITY, AND SHALL USE THE INFOR-
 MATION PROVIDED OR RECEIVED UNDER THIS SECTION SOLELY FOR  THE  PURPOSES
 OF IMPROVEMENT OF THE QUALITY OF MATERNAL HEALTH CARE.
   § 2. This act shall take effect immediately.