S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6902
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the social services law and the public  health  law,  in
   relation  to  Medicaid  expanding coverage for pregnant and postpartum
   individuals and their children, establishing a health expense  account
   program  for  pregnant  and  postpartum individuals, and requiring the
   creation of informative pamphlets on maternal depression
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subparagraph  1  of  paragraph  (b) of subdivision 4 of
 section 366 of the social services law, as amended by section 3 of  part
 CCC of chapter 56 of the laws of 2022, is amended to read as follows:
   (1)  A  pregnant [woman] OR POSTPARTUM INDIVIDUAL eligible for medical
 assistance under subparagraph two or four of paragraph (b)  of  subdivi-
 sion  one  of  this  section  on  any  day of [her] THEIR pregnancy will
 continue to be eligible for such care and services for a period of  [one
 year]  TWO  YEARS beginning on the last day of pregnancy, without regard
 to any change in the income of the family  that  includes  the  pregnant
 [woman]  OR  POSTPARTUM  INDIVIDUAL, even if such change otherwise would
 have rendered [her] THEM ineligible for medical assistance.
   § 2. Subparagraph 2 of paragraph (b) of subdivision 4 of  section  366
 of  the  social services law, as added by section 2 of part D of chapter
 56 of the laws of 2013, is amended to read as follows:
   (2) A child born to [a woman] AN INDIVIDUAL eligible for and receiving
 medical assistance on the date of the child's birth shall be  deemed  to
 have  applied for medical assistance and to have been found eligible for
 such assistance on the date of such birth and  to  remain  eligible  for
 such  assistance  for  a  period of [one year, so long as the child is a
 member of the woman's household and the woman remains eligible for  such
 assistance  or  would  remain  eligible  for such assistance if she were
 pregnant] TWO YEARS, WITHOUT REGARD TO ANY CHANGE IN THE INCOME  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07274-02-3
              

 A. 6902                             2
 
 FAMILY THAT INCLUDES THE CHILD, EVEN IF SUCH CHANGE OTHERWISE WOULD HAVE
 RENDERED THEM INELIGIBLE FOR MEDICAL ASSISTANCE.
   §  3.  Section 365-a of the social services law is amended by adding a
 new subdivision 6-a to read as follows:
   6-A.  ANY  INCONSISTENT  PROVISION  OF  LAW  NOTWITHSTANDING,  MEDICAL
 ASSISTANCE  FOR  PREGNANT  AND POSTPARTUM INDIVIDUALS SHALL ALSO INCLUDE
 ALL PREGNANCY-RELATED AND POSTPARTUM SERVICES INCLUDING, BUT NOT LIMITED
 TO, COVERAGE FOR MATERNAL MENTAL HEALTH CONDITIONS FOR POSTPARTUM  INDI-
 VIDUALS DIAGNOSED WITH A MATERNAL MENTAL HEALTH CONDITION.
   § 4. Title 3 of article 25 of the public health law is amended to read
 as follows:
                                 TITLE III
                       [CONTROL OF MIDWIFERY] HEALTH
                        EXPENSE ACCOUNT PROGRAM FOR
                    PREGNANT AND POSTPARTUM INDIVIDUALS
 SECTION 2560. DEFINITIONS.
         2561. HEALTH EXPENSE ACCOUNT PROGRAM FOR PREGNANT AND POSTPARTUM
                 INDIVIDUALS.
         2562. FEDERAL PARTICIPATION.
         2563. IMPLEMENTATION OF THE PROGRAM.
   § 2560. DEFINITIONS. FOR THE PURPOSE OF THIS TITLE, UNLESS THE CONTEXT
 CLEARLY REQUIRES OTHERWISE:
   1.  "ELIGIBLE PERSON" MEANS PREGNANT INDIVIDUALS AND INDIVIDUALS UP TO
 TWO YEARS POSTPARTUM THAT ARE RECEIVING MEDICAL ASSISTANCE  UNDER  TITLE
 ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
   2. "OUT-OF-POCKET PREGNANCY-RELATED COSTS" INCLUDES, BUT IS NOT LIMIT-
 ED  TO,  BIRTH  AND INFANT CARE CLASSES, DOULA SERVICES, MIDWIFERY CARE,
 LACTATION SUPPORT SERVICES, PRENATAL VITAMINS, LAB TESTS  OR  SCREENING,
 PRENATAL  ACUPUNCTURE OR ACUPRESSURE, AND TRANSPORTATION EXPENSES ESSEN-
 TIAL TO MEDICAL CARE.
   § 2561. HEALTH EXPENSE ACCOUNT PROGRAM  FOR  PREGNANT  AND  POSTPARTUM
 INDIVIDUALS.   1. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FIVE, THE
 DEPARTMENT, IN CONSULTATION WITH  THE  DEPARTMENT  OF  SOCIAL  SERVICES,
 SHALL  ESTABLISH A HEALTH EXPENSE ACCOUNT PROGRAM FOR PREGNANT AND POST-
 PARTUM INDIVIDUALS.  UNDER THIS PROGRAM, AN  ELIGIBLE  PERSON  SHALL  BE
 ELIGIBLE  FOR REIMBURSEMENT FOR OUT-OF-POCKET PREGNANCY-RELATED COSTS IN
 AN AMOUNT NOT TO EXCEED ONE THOUSAND TWO HUNDRED FIFTY DOLLARS.
   2. AN ELIGIBLE PERSON SHALL NOT HAVE TO SEEK  APPROVAL  OR  BE  DENIED
 REIMBURSEMENT  FOR  CARE FOR THAT CARE TO BE CONSIDERED AN OUT-OF-POCKET
 PREGNANCY-RELATED COST. THE DEPARTMENT MAY AUTHORIZE  REIMBURSEMENT  FOR
 ADDITIONAL PREGNANCY-RELATED EXPENSES AS IT DEEMS FIT.
   3.  AN ELIGIBLE PERSON SHALL NOT BE REIMBURSED FOR OUT-OF-POCKET PREG-
 NANCY-RELATED COSTS UNLESS THE REQUEST FOR  REIMBURSEMENT  IS  SUBMITTED
 WITHIN  THREE  MONTHS  AFTER  THE  LAST DAY OF PREGNANCY OR WITHIN THREE
 MONTHS OF THE OUT-OF-POCKET PREGNANCY-RELATED COST OCCURRING.
   4. THE DEPARTMENT SHALL BE ALLOWED TO CONTRACT  OUT  FOR  PURPOSES  OF
 IMPLEMENTING  THE  HEALTH EXPENSE ACCOUNT PROGRAM FOR PREGNANT AND POST-
 PARTUM INDIVIDUALS.
   § 2562. FEDERAL PARTICIPATION. IN IMPLEMENTING THIS TITLE, THE DEPART-
 MENT SHALL SEEK TO MAXIMIZE  FEDERAL  FINANCIAL  PARTICIPATION.  TO  THE
 EXTENT  FEDERAL  FINANCIAL  PARTICIPATION IS UNAVAILABLE, THE DEPARTMENT
 SHALL IMPLEMENT THIS TITLE ONLY WITH STATE FUNDS WITH AN OPT-OUT  OPTION
 ALLOWING  LOCALITIES WITH NO NEED FOR THE PROGRAM ESTABLISHED UNDER THIS
 TITLE TO OPT-OUT. TO ENSURE SUCH PROGRAM IS RUN EFFECTIVELY OR BASED  ON
 A  LOCALITY'S  NEEDS,  LOCALITIES  SHALL CONSULT WITH ORGANIZATIONS THAT
 ADDRESS PREGNANT AND POSTPARTUM INDIVIDUALS. IN THE EVENT THAT A LOCALI-
 A. 6902                             3
 
 TY OPTS OUT, SAID LOCALITY SHALL PROVIDE THE DEPARTMENT AND  THE  OFFICE
 OF MENTAL HEALTH WITH JUSTIFICATION, AND ANY UNUSED FUNDS SHALL BE REAL-
 LOCATED  TO  OTHER  LOCALITIES  DEMONSTRATING A NEED FOR SUCH ADDITIONAL
 FUNDING.
   §  2563. IMPLEMENTATION OF THE PROGRAM. THE DEPARTMENT SHALL IMPLEMENT
 THIS TITLE THROUGH ALL-COUNTY OR PLAN LETTERS, OR SIMILAR  INSTRUCTIONS,
 NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN.
   §  5.  Subdivision  2  of  section 2500-k of the public health law, as
 added by chapter 199 of the laws of 2014, is amended to read as follows:
   2. Maternal depression information. (a) The commissioner, in consulta-
 tion with the commissioner of mental health,  shall  make  available  to
 maternal  health  care providers information on maternal depression. The
 information shall include, but not be limited to:
   (i) a summary of the current evidence base and professional guidelines
 for maternal depression screening;
   (ii) validated, evidence-based tools for maternal  depression  screen-
 ing;
   (iii) information about follow-up support for patients who may require
 further  evaluation,  referral,  or treatment including, when available,
 information about specific community resources and entities licensed  by
 the office of mental health; [and]
   (iv) information on engaging support for the mother, which may include
 communicating  with  the  other  parent  of  the  child and other family
 members, as appropriate and consistent with patient confidentiality;
   (V) INFORMATION ON THE PSYCHOLOGICAL NEEDS OF THE  POSTPARTUM  MOTHER;
 AND
   (VI)  HOW TO BE SENSITIVE TO CULTURAL DIFFERENCES THAT SURROUND CHILD-
 BIRTH, WHICH MAY INVOLVE EATING PARTICULAR FOODS AND RESTRICTING CERTAIN
 ACTIVITIES.
   (b) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  MENTAL
 HEALTH,  SHALL  DEVELOP AND DISTRIBUTE TO MATERNAL HEALTH CARE PROVIDERS
 AN INFORMATIVE  PAMPHLET  FOR  PATIENTS  WITH  INFORMATION  ON  MATERNAL
 DEPRESSION INCLUDING, BUT NOT LIMITED TO:
   (I) THE SIGNS AND SYMPTOMS OF MATERNAL DEPRESSION;
   (II) HOW TO SEEK HELP FOR MATERNAL DEPRESSION;
   (III)  PHYSIOLOGICAL  CHANGES AND MEDICAL ISSUES THAT MAY ARISE DURING
 THE POSTPARTUM PERIOD; AND
   (IV) CONTACT INFORMATION WHERE A  PATIENT  CAN  FILE  A  COMPLAINT  OR
 REPORT OF ANY MISCONDUCT.
   (C)  The  information  on  maternal  depression shall be posted on the
 department's website AS A PRINTABLE FILE, SHALL BE AVAILABLE  FOR  ORDER
 AS  A  PRINTED DELIVERABLE, AND SHALL BE WRITTEN IN LAYPERSON'S LANGUAGE
 AND SHALL BE MADE AVAILABLE IN ENGLISH AND THE SIX MOST COMMON NON-ENGL-
 ISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY  IN
 NEW  YORK  STATE  AS  BASED ON THE MOST RECENT CENSUS.  The commissioner
 shall, in collaboration with the commissioner of mental  health,  update
 and review the information on maternal depression, as necessary.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law; provided, however, that section one of this
 act shall take effect on the same date and in the same manner as section
 3 of part CCC of chapter 56 of the laws of 2022, takes effect.