NY State Senate Bill 2021-S8866

Archive: Last Bill Status - In Senate Committee Women's Issues 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2022	referred to women's issues

co-Sponsors

2021-S8866 (ACTIVE) - Details

See Assembly Version of this Bill:: A9714
Current Committee:: Senate Women's Issues
Law Section:: Public Health Law
Laws Affected:: Add §2500-n, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S5517, A2367

2021-S8866 (ACTIVE) - Summary

Establishes the cesarean births review board; provides such board shall be comprised of multidisciplinary experts to review the rate of cesarean births at hospitals in the state; provides reporting requirements.

2021-S8866 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8866

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing the
cesarean births review board

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a cesarean births review board for the purpose of lowering
cesarean birth rates and improving maternal health

 
SUMMARY OF KEY PROVISIONS:

Section one of the bill amends public health law to establish a "cesare-
an births review board." The board will undertake a review of the rate
of cesarean births at hospitals across the state and consider several
factors that may impact the frequency of this procedure. The board will
issue a final report and make recommendations related to the impact
cesarean births have on birthing people and best practices that can be
implemented to reduce the rate of cesarean births and improve overall

maternal health in the state. A copy of the final report must be posted
on the Department of Health website.

Section two provides the effective date.

 
JUSTIFICATION:

The rate of cesarean birth in this state, and in this country, is not
nearly spoken about enough. Since the 1970s, the national rate of cesa-
rean births has increased by 500% which translates to about 1 in 3
babies delivered via C-section presently, compared to just 1 in 20
babies in the mid-1970s. Despite this growing trend, research demon-
strates there is no evidence that cesarean births provide any benefit to
the mother or newborn when the procedure is not required, in fact, it is
quite the opposite.

Currently, New York ranks 12th in the nation, where approximately 33% of
all deliveries in the state are Cesarean. New York's cesarean birth rate
greatly exceeds the World Health Organization's and CDC's ideal rate
which is between 10 and 15 percent. While the state average is around
33%, it is important to note that cesarean birth rates vary greatly
across hospitals, ranging between 7% and 70% depending on what hospital
a birthing person goes to.

Further, studies have found that cesarean birth rates in hospitals are
directly linked to higher maternal death rates and higher costs for
healthcare. The increase in cesarean rates in the U.S. is linked to an
increase in maternal deaths overall as the procedure can lead to neona-
tal respiratory problems and maternal complications. In fact, cesareans
can account for three of the top six leading causes of maternal mortali-
ty-hemorrhage, complications of anesthesia, and infection. Many of these
maternal deaths are preventable given WHO's recommended rate of cesarean
deliveries.

Additionally, there is an alarming disparity in cesarean birth rates
among different birthing populations. Minority (non-Hispanic black,
Hispanic/Latina, Indigenous, and low socio-economic status) birthing
people receive cesareans at a significantly higher rate than non-Hispan-
ic white birthing people, which is also an indicator of low-quality
maternity care. Moreover, black birthing people are more likely to
receive a cesarean overall and importantly, they are also more likely to
undergo repeated cesareans compared to other birthing people, which
further increases the risk of mortality. In fact, in the U.S., black
birthing people die from pregnancy-related causes at higher rates and
have a four times greater risk of maternal death, more than any other
racial or ethnic group.

This bill would establish a "cesarean births review board" comprised of
experts in the field of maternal mortality, women's health and public
health, and must include healthcare professionals who are representative
of the racial, ethnic, and socioeconomic diversity of birthing people in
the state. The board will undertake a review of the rate of cesarean
births at hospitals across the state and consider several factors that
may impact the frequency of this procedure. The board will issue a final
report and make recommendations related to the impact cesarean births
have on birthing people and best practices that can be implemented to
reduce the rate of cesarean births and improve overall maternal health
in the state.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8866 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8866
 
                             I N  S E N A T E
 
                              April 25, 2022
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Women's Issues
 
 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-
 TIONS  TO  REDUCE  THE  RATE  OF CESAREAN BIRTHS IN THE STATE. THE BOARD
 SHALL CONSIDER FACTORS INCLUDING, BUT NOT LIMITED TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15208-05-2

 S. 8866                             2
 
   (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.

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Senate Bill S8866

Sponsored By

Archive: Last Bill Status - In Senate Committee Women's Issues Committee

co-Sponsors

2021-S8866 (ACTIVE) - Details

2021-S8866 (ACTIVE) - Summary

2021-S8866 (ACTIVE) - Sponsor Memo

2021-S8866 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8866

Share this bill

Sponsored By

Samra G. Brouk

Archive: Last Bill Status - In Senate Committee Women's Issues Committee

co-Sponsors

Jessica Ramos

Cordell Cleare

2021-S8866 (ACTIVE) - Details

2021-S8866 (ACTIVE) - Summary

2021-S8866 (ACTIVE) - Sponsor Memo

2021-S8866 (ACTIVE) - Bill Text download pdf

Comments