S T A T E O F N E W Y O R K
________________________________________________________________________
3241--A
Cal. No. 90
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
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Introduced by M. of A. PAULIN, GUNTHER, L. ROSENTHAL, WOERNER, FAHY,
TAYLOR, CARROLL, JACOBSON, SIMON, SEAWRIGHT, SAYEGH, BURDICK,
JEAN-PIERRE, GONZALEZ-ROJAS, FORREST, WEPRIN, LEVENBERG,
BICHOTTE HERMELYN -- Multi-Sponsored by -- M. of A. LUPARDO, McDONOUGH
-- read once and referred to the Committee on Insurance -- ordered to
a third reading, amended and ordered reprinted, retaining its place on
the order of third reading
AN ACT to amend the public health law and the insurance law, in relation
to premium reduction for obstetric practitioners who complete a risk
management strategies course
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
2506-a to read as follows:
§ 2506-A. RISK MANAGEMENT STRATEGIES IN OBSTETRICS AND MIDWIFERY
COURSES. 1. IN ORDER TO IMPROVE PATIENT SAFETY, BIRTH OUTCOMES AND TO
PROMOTE INFORMED CONSULTATION BY PATIENTS WITH THEIR PHYSICIANS AND
LICENSED MIDWIVES DURING THE PRENATAL THROUGH INTRAPARTUM AND POSTPARTUM
PERIODS, THE COMMISSIONER SHALL APPROVE COURSES FOR ELIGIBLE PHYSICIANS
AND LICENSED MIDWIVES AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION
THAT COVERS RISK MANAGEMENT STRATEGIES IN OBSTETRICS AND MIDWIFERY AS
DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUCH RISK MANAGEMENT STRA-
TEGIES COURSES SHALL BE SUBJECT TO SUCH STANDARDS AS THE COMMISSIONER
MAY PRESCRIBE BY REGULATION. IN PRESCRIBING SUCH REGULATIONS, THE
COMMISSIONER MAY CONSULT WITH THE AMERICAN CONGRESS OF OBSTETRICIANS AND
GYNECOLOGISTS, NEW YORK STATE ASSOCIATION OF LICENSED MIDWIVES AND OTHER
HEALTH CARE ORGANIZATIONS.
2. COURSES ON RISK MANAGEMENT STRATEGIES DURING THE PRENATAL THROUGH
INTRAPARTUM AND POSTPARTUM PERIODS SHALL PROMOTE EVIDENCE-BASED CLINICAL
GUIDELINES AND PATIENT SAFETY PROTOCOLS FROM BOTH THE MIDWIFERY AND
OBSTETRICAL PERSPECTIVES. OPTIONS FOR COURSES SHOULD BE APPROPRIATE FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06621-04-4
A. 3241--A 2
THE RESPECTIVE PROFESSION AND MAY INCLUDE ISSUES SUCH AS: METHODS TO
ELIMINATE NON-MEDICALLY INDICATED (ELECTIVE) DELIVERIES PRIOR TO THIR-
TY-NINE WEEKS GESTATION INCLUDING THE NEONATAL IMPACT OF LATE PRETERM
BIRTHS; VAGINAL BIRTHS AFTER CESAREAN BIRTHS AND THE APPLICABILITY TO A
TRIAL OF LABOR; REDUCTIONS IN CESAREAN BIRTHS; MONITORING OF FETAL WELL-
BEING; MANAGEMENT OF PAIN IN LABOR; MANAGEMENT OF MATERNAL HEMORRHAGE,
INCLUDING PLACENTA ACCRETA, HYPERTENSION IN PREGNANCY, INCLUDING PRE-EC-
LAMPSIA AND ECLAMPSIA, VAGINAL BREECH AND PREVENTION OF SHOULDER DYSTO-
CIA; AND OTHER EVIDENCE-BASED GUIDELINE DETERMINED ISSUES THAT IMPROVE
THE CARE AND OUTCOMES OF WOMEN.
3. ATTENDANCE AT ANY COURSE APPROVED BY THE COMMISSIONER PURSUANT TO
THIS SECTION MAY BE IN PERSON OR THROUGH DISTANCE LEARNING METHODS WHICH
EVINCE THAT ALL PARTICIPANTS ARE IN ATTENDANCE FOR THE DURATION OF THE
COURSE AND ABLE TO ASK QUESTIONS OF THE INSTRUCTOR.
4. PHYSICIANS WHO ARE BOARD CERTIFIED OR ARE ACTIVE CANDIDATES FOR
BOARD CERTIFICATION IN OBSTETRICS AND PHYSICIANS WHO ARE BOARD CERTIFIED
OR ARE ELIGIBLE FOR BOARD CERTIFICATION IN FAMILY PRACTICE AND PROVIDE
OBSTETRIC SERVICES AND MIDWIVES WHO ARE LICENSED IN THE STATE ARE ELIGI-
BLE FOR A RISK MANAGEMENT STRATEGIES COURSE.
5. THE COMMISSIONER IS AUTHORIZED TO PRESCRIBE ANY RULES AND REGU-
LATIONS NECESSARY TO IMPLEMENT THIS SECTION. IN PRESCRIBING SUCH RULES
AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER THE RULES AND REGU-
LATIONS PROMULGATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT
TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED FORTY-THREE OF
THE INSURANCE LAW AND MAY CONSULT WITH THE SUPERINTENDENT OF FINANCIAL
SERVICES.
§ 2. Subsection (e) of section 2343 of the insurance law, as added by
chapter 642 of the laws of 1990, is amended and a new subsection (f) is
added to read as follows:
(e) The superintendent may approve an ACTUARIALLY appropriate premium
reduction for an insured physician OR LICENSED MIDWIFE who successfully
completes a risk management course OR A COURSE AUTHORIZED BY THE COMMIS-
SIONER OF HEALTH UNDER SECTION TWO THOUSAND FIVE HUNDRED SIX-A OF THE
PUBLIC HEALTH LAW, which must be approved by the superintendent subject
to such standards as the superintendent may prescribe by regulation. In
prescribing such regulation the superintendent may consult with the
commissioner of health.
(F) AN INSURED PHYSICIAN OR LICENSED MIDWIFE WHO SUCCESSFULLY
COMPLETES A COURSE AUTHORIZED BY THE COMMISSIONER OF HEALTH UNDER
SECTION TWO THOUSAND FIVE HUNDRED SIX-A OF THE PUBLIC HEALTH LAW SHALL
NOT, DURING THE PERIOD SET FORTH IN THE SUPERINTENDENT'S REGULATIONS
PRESCRIBING STANDARDS FOR THE PREMIUM REDUCTION, ALSO BE ELIGIBLE FOR
ADDITIONAL PREMIUM REDUCTION FOR AN INSURED PHYSICIAN OR LICENSED
MIDWIFE'S MEDICAL MALPRACTICE INSURANCE POLICY FOR SUCCESSFUL COMPLETION
OF A RISK MANAGEMENT COURSE APPROVED BY THE SUPERINTENDENT UNDER PART
152 OF TITLE 11 OF THE NEW YORK CODE OF RULES AND REGULATIONS.
§ 3. This act shall take effect one year after it shall have become a
law and shall apply to all insurance policies and contracts issued,
renewed, modified or altered on and after such effective date. The
commissioner of health and the superintendent of financial services are
authorized and directed to adopt, amend, suspend or repeal regulations
and take other actions necessary for the implementation of this act
prior to such effective date; provided, however, that such adoption,
amendment, suspension or repeal of regulations shall not have legal
effect until this act takes effect.