Senate Bill S5290

2021-2022 Legislative Session

Establishes mandatory minimum medicaid coverage for hospital confinement for childbirth

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S5290 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §365-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3117
2011-2012: S2556
2013-2014: S1335
2015-2016: S1891
2017-2018: S3288
2019-2020: S4795
2023-2024: S6812

2021-S5290 (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 similar coverage for patients who are recipients of medicaid.

2021-S5290 (ACTIVE) - Sponsor Memo

2021-S5290 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5290
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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