The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4827
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 AN ACT to direct the department of financial services to review  covered
   benefits  related  to  childbirth offered by health insurance policies
   and  medical  assistance;  and  providing  for  the  repeal  of   such
   provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The superintendent of financial services,  in  consultation
 with  the  commissioner of health, shall review covered benefits related
 to childbirth offered by  all  health  insurance  policies  and  medical
 assistance  in New York state, the extent to which such policies meet or
 exceed the federal Affordable Care Act requirements, and make  recommen-
 dations regarding the adoption of statewide standards. Such review shall
 include, but not be limited to:
   a.  The  current range in length of stay coverage periods for surgical
 and vaginal deliveries across health insurance plans offered within  New
 York  state  distinguishing  from simple surgical deliveries and complex
 surgical deliveries.
   b. The average and range of reimbursement to maternal  fetal  medicine
 physicians,  obstetrics/gynecologic  physicians,  family practice physi-
 cians and licensed midwives for labor and a surgical delivery or vaginal
 delivery.
   c. The current range  of  out-of-pocket  expenses,  including  upfront
 payments  if applicable, incurred by patients for a surgical delivery or
 for a vaginal delivery within New York state by the type and amount.
   d. The extent to which health insurance  plans  offered  in  New  York
 state  provide  for  additional  coverage for the mother in the event of
 childbirth complications occurring during a vaginal or  surgical  deliv-
 ery.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09087-02-1

 S. 4827                             2
 
   e.  The extent to which insurance providers cover the cost of new born
 care in the neo-natal intensive care unit, under what circumstances, and
 if related to surgical delivery.
   f.  The  extent  to  which  health insurance plans offered in New York
 state offer maternity coverage for dependents under the age  of  26  and
 the range of services covered.
   g.  The  extent  to  which  health insurance plans offered in New York
 state consider pregnancy a life event that makes a  woman  eligible  for
 special enrollment periods.
   §  2.  Within  one  year of the effective date of this act, the super-
 intendent of financial services shall create and submit a report to  the
 governor,  temporary  president  of the senate, speaker of the assembly,
 minority leader of the senate, and the minority leader of  the  assembly
 of  the  conclusions  and  recommendations pursuant to section 1 of this
 act.
   § 3. This act shall take effect immediately and shall be  repealed  60
 days  after the submission of the report pursuant to section two of this
 act; provided that the superintendent of financial services shall notify
 the legislative bill drafting commission upon filing the report required
 in section two of this act in order that the commission may maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.