The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5465
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to establish a work group to set reimbursement rates  for  doulas
   in  the  state  Medicaid program and address other criteria related to
   their practice
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  legislature  acknowledges  the excluded history that
 healthcare workers and doulas have as members of  historically  excluded
 communities,  and acknowledges the exclusionary forces these professions
 have had  in  gaining  the  recognition,  certification,  and  equitable
 compensation  for  the  critical  work  they  do  in pregnancy, maternal
 health, maternal mental health, and childcare. The legislature  declares
 that  it  is the purpose of this work group to examine and recommend the
 best practices for integrating doulas into  New  York  state's  Medicaid
 healthcare  system  and  ensuring  the  state  is  prepared and ready to
 elevate the critical work doulas perform  across  historically  excluded
 communities across the state of New York.
   §  2.  There  is  hereby  established in the department of health, the
 doula Medicaid reimbursement work group, hereinafter referred to as  the
 "work  group."  The  majority  of the members of the work group shall be
 composed of doulas, as well as multi-disciplinary experts in  the  field
 of  doula  services and maternal health who serve and are representative
 of the racial, ethnic, geographic and socioeconomic diversity of  birth-
 ing  people  in communities across the state served by the state's Medi-
 caid program.
   § 3. The work group shall be composed of fourteen members, which shall
 include eight members to be appointed by the governor as follows:
   a. the commissioner of the department of health or his, her, or  their
 designee;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04570-01-3
 A. 5465                             2

 
   b. five representatives who may either be practicing doulas, or doulas
 in  training,  or  individuals  with  expertise  in  the  field of doula
 services;
   c. one representative serving maternal health needs;
   d. one representative from the medical insurance industry;
   e.  and  six additional members, three appointed on the recommendation
 of the temporary president of the senate; and  three  appointed  on  the
 recommendation of the speaker of the assembly.
   §  4.  The governor shall designate the commissioner of the department
 of health or his, her, or their designee, as chair of the board. Members
 of the work group shall receive no compensation for their services,  but
 shall  be reimbursed for actual expenses incurred during the performance
 of their duties on the work group. Reimbursement shall allow for histor-
 ically excluded communities to participate wholly in the performance  of
 their  duties  on  the work group by providing, if necessary, reimburse-
 ments for reasonable expenses incurred that  may  include,  but  not  be
 limited to, travel, meals and lodging.
   §  5.  Appointments  shall be made within ninety days of the effective
 date of this act. Vacancies in the work group shall  be  filled  in  the
 same  manner provided for original appointments. The appointee makeup of
 the work group shall be majority doulas, as well  as  multi-disciplinary
 experts in the field of doula services and maternal health who serve and
 are  representative of the racial, ethnic, geographic, and socioeconomic
 diversity of birthing people in communities across the state.
   § 6. The work group shall conduct a study and evaluation of the costs,
 benefits and issues that may be associated with  Medicaid  reimbursement
 for doulas and for providing doula care to Medicaid recipients. The work
 group shall consider factors including but not limited to:
   a.  identifying evidence-based practices related to when and how doula
 care results in improvements to maternal and infant mortality rates;
   b. identifying successful Medicaid doula programs and  initiatives  in
 other states and recommend programs, tools, and funding sources that are
 needed to implement similar programs and initiatives in New York state;
   c.  establishing  a  criteria  for  adequate  and  equitable  Medicaid
 reimbursement rates for a primary doula;
   d.  establishing  a  criteria  for  adequate  and  equitable  Medicaid
 reimbursement  for a substitute doula, in the event the primary doula is
 unavailable to provide doula services to Medicaid patients during deliv-
 ery;
   e. considering the appropriate quantity and selection  of  antepartum,
 intrapartum,   or  postpartum  doula  visits  to  qualify  for  Medicaid
 reimbursement;
   f. examining the need for doula liability coverage and insurance;
   g. considering the need for continuing education for doulas; and
   h. recommending the state file an amendment to the Medicaid state plan
 to include payment for doula services rendered for antepartum, intrapar-
 tum, or postpartum doula services provided to a birthing person or to  a
 person at a reasonable time postpartum for labor and delivery support by
 a doula.
   §  7.  The  work group, on or before December 31, 2023, shall submit a
 final report containing all findings and recommendations to  the  gover-
 nor,  the  temporary  president  of  the  senate, and the speaker of the
 assembly.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.