Senate Bill S8968

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8968
 
                             I N  S E N A T E
 
                                May 2, 2022
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  establishing  the
   New  York  state community doula directory for doulas serving Medicaid
   patients
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Legislative  findings  and  declarations. The legislature
 hereby  finds and declares that poor maternal and infant health outcomes
 and disparities are a public health crisis that pose  a  threat  to  the
 health,  welfare,  and  quality of life of child bearing people, infants
 and their families. The legislature acknowledges the imbalances  of  how
 doula care is treated in different communities. Between the rising costs
 of reproductive care, the absence of a federal doula Medicaid framework,
 and  the  existing barriers to equitable prenatal, intranatal, and post-
 partum care services, the legislature hereby  finds  the  importance  in
 establishing  a  community  doula  directory to increase access to care.
 Having doula services in an accessible and centralized location that  is
 open to the public without an economic barrier, will help connect birth-
 ing persons with the doula care services they need.
   §  2.  Article  25 of the public health law is amended by adding a new
 title 6-A to read as follows:
 
                                TITLE VI-A
                            DOULAS FOR MEDICAID
 
 SECTION 2594-A. DEFINITIONS.
         2594-B. NEW YORK STATE COMMUNITY DOULA DIRECTORY.
         2594-C. CRITERIA FOR ADMITTANCE INTO THE NEW YORK STATE COMMUNI-
                   TY DOULA DIRECTORY.
   § 2594-A. DEFINITIONS. 1. FOR THE  PURPOSES  OF  THIS  TITLE,  "DOULA"
 MEANS  A TRAINED PERSON WHO PROVIDES CONTINUOUS PHYSICAL, EMOTIONAL, AND
 INFORMATIONAL SUPPORT TO A PREGNANT PERSON AND THE FAMILY OF SUCH  PREG-
 NANT PERSON BEFORE, DURING OR A REASONABLE TIME AFTER CHILDBIRTH.

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

                                                            LBD15634-02-2
 S. 8968                             2
 
   2.  A  DOULA  MAY  PROVIDE SERVICES IN HOSPITALS, BIRTHING CENTERS, AT
 HOME DELIVERIES AND OTHER COMMUNITY SETTINGS.
   §  2594-B. NEW YORK STATE COMMUNITY DOULA DIRECTORY. 1. THE DEPARTMENT
 SHALL ESTABLISH AND MAINTAIN A COMMUNITY DOULA DIRECTORY FOR  DOULAS  ON
 THE   DEPARTMENT'S   INTERNET  WEBSITE  FOR  THE  PURPOSES  OF  MEDICAID
 REIMBURSEMENT AND PROMOTING DOULA SERVICES TO MEDICAID RECIPIENTS.
   2. THE DIRECTORY SHALL INCLUDE THE  FOLLOWING  INFORMATION  CONCERNING
 DOULAS SUCH AS:
   (A) THE NAME OF THE DOULA WHO PROVIDES DOULA SERVICES;
   (B)  THE  ADDRESS  AND  LOCATION  OF  WHERE  THE  DOULA PROVIDES DOULA
 SERVICES;
   (C) THE NAME OF EACH MEDICAID PROVIDER THAT EMPLOYS OR CONTRACTS  WITH
 A DOULA TO PROVIDE DOULA SERVICES TO ELIGIBLE MEDICAID RECIPIENTS;
   (D) THE DOULA'S NATIONAL PROVIDER IDENTIFICATION NUMBER; AND
   (E)  ALL  DOCUMENTATION  OF  CRITERIA  PURSUANT TO SECTION TWENTY-FIVE
 HUNDRED NINETY-FOUR-C OF THIS TITLE.
   3. THE DEPARTMENT SHALL DETERMINE THE METHOD OF REGISTRATION  AND  THE
 DOCUMENTATION REQUIRED TO VERIFY SUCH CRITERIA HAS BEEN MET.
   4.  EACH  DOULA  SHALL  BE RESPONSIBLE FOR COMPLETING THE REQUIREMENTS
 PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-FOUR-C OF THIS TITLE.
   5. THE DEPARTMENT SHALL NOT IMPOSE ANY FEE ON ANY  DOULA  TO  REGISTER
 FOR ADMITTANCE INTO THE NEW YORK STATE COMMUNITY DOULA DIRECTORY.
   6.  THE  COMMUNITY  DOULA DIRECTORY SHALL BE PUBLICLY ACCESSIBLE AT NO
 COST TO THE DOULA OR BIRTHING PERSON LOOKING TO HIRE A  DOULA  IN  THEIR
 COMMUNITY.
   §  2594-C.  CRITERIA  FOR ADMITTANCE INTO THE NEW YORK STATE COMMUNITY
 DOULA DIRECTORY.   1. EACH DOULA SEEKING  MEDICAID  REIMBURSEMENT  SHALL
 APPLY TO BE REGISTERED IN THE NEW YORK STATE COMMUNITY DOULA DIRECTORY.
   2.  A  DOULA  SHALL  SUBMIT TO THE DEPARTMENT A CERTIFIED COPY OF SUCH
 DOULA'S CERTIFICATION FROM A DOULA EDUCATIONAL ORGANIZATION OR BY DEMON-
 STRATION OF SATISFACTORY PROFICIENCY PURSUANT TO THIS SECTION, AND  HIS,
 HER,  OR  THEIR  FULL  NAME,  ADDRESS,  PHONE NUMBER, EMAIL ADDRESS, AND
 NATIONAL PROVIDER IDENTIFICATION NUMBER.
   3. IN LIEU OF CERTIFICATION, A DOULA SHALL SUBMIT PROOF OF THE FOLLOW-
 ING TO THE DEPARTMENT ATTESTING THAT SUCH DOULA HAS:
   (A) ATTENDED AT LEAST TWENTY-FOUR  CONTACT  HOURS  OF  EDUCATION  THAT
 INCLUDES  ANY COMBINATION OF CHILDBIRTH EDUCATION, BIRTH DOULA TRAINING,
 ANTEPARTUM DOULA TRAINING, AND POSTPARTUM DOULA TRAINING;
   (B) ATTENDED AT LEAST ONE BREASTFEEDING CLASS;
   (C) ATTENDED AT LEAST TWO CHILDBIRTH CLASSES;
   (D) ATTENDED AT LEAST TWO LIVE CHILDBIRTHS;
   (E) COMPLETED CULTURAL COMPETENCY TRAINING;
   (F) COMPLETED A DOULA PROFICIENCY EXAM; AND
   (G) COMPLETED TRAINING PURSUANT TO THE  HEALTH  INSURANCE  PORTABILITY
 AND ACCOUNTABILITY ACT OR CLIENT CONFIDENTIALITY TRAINING.
   §  3. This act shall take effect six months after it shall have become
 a law.