S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8977
 
                           I N  A S S E M B L Y
 
                             January 31, 2024
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law and the insurance law, in relation
   to  requiring  maternal depression screenings and that such screenings
   are covered by insurance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 3 and 4 of section 2500-k of the public health
 law, subdivision 4 as renumbered by chapter 463 of the laws of 2017, are
 renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
 as follows:
   3. MATERNAL DEPRESSION SCREENINGS. (A) A MATERNAL HEALTH CARE PROVIDER
 SHALL  FACILITATE  A  SCREENING FOR MATERNAL DEPRESSION WITHIN THE FIRST
 SIX WEEKS OF BIRTH.
   (B)(I) IF SUCH BIRTH MOTHER DECLINES TO  BE  SCREENED  FOR  DEPRESSION
 WITHIN  THE  FIRST  SIX WEEKS OF HAVING GIVEN BIRTH, THE MATERNAL HEALTH
 CARE PROVIDER SHALL RECORD IN SUCH BIRTH MOTHER'S MEDICAL  RECORDS  THAT
 SUCH BIRTH MOTHER WAS NOT SCREENED FOR DEPRESSION BASED UPON THE REFUSAL
 BY SUCH BIRTH MOTHER.
   (II)  THE  RECORD OF A BIRTH MOTHER'S REFUSAL OF A MATERNAL DEPRESSION
 SCREENING SHALL RELIEVE SUCH MATERNAL HEALTH CARE PROVIDER OF  LIABILITY
 UNDER SECTION SIX THOUSAND FIVE HUNDRED THIRTY OF THE EDUCATION LAW.
   §  2.  Item (ii) of subparagraph (A) of paragraph 10 of subsection (i)
 of section 3216 of the insurance law, as added by chapter 56 of the laws
 of 1996, is amended to read as follows:
   (ii) Maternity care coverage shall also include,  at  minimum,  parent
 education, assistance and training in breast or bottle feeding, MATERNAL
 DEPRESSION  SCREENINGS  IN  ACCORDANCE WITH SUBDIVISION THREE OF SECTION
 TWO THOUSAND FIVE HUNDRED-K OF THE PUBLIC HEALTH LAW, and  the  perform-
 ance of any necessary maternal and newborn clinical assessments.
   § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (k) of
 section 3221 of the insurance law, as added by chapter 56 of the laws of
 1996, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14123-01-4
              

 A. 8977                             2
 
   (ii)  Maternity  care  coverage shall also include, at minimum, parent
 education, assistance and training in breast or bottle feeding, MATERNAL
 DEPRESSION SCREENINGS IN ACCORDANCE WITH SUBDIVISION  THREE  OF  SECTION
 TWO  THOUSAND  FIVE HUNDRED-K OF THE PUBLIC HEALTH LAW, and the perform-
 ance of any necessary maternal and newborn clinical assessments.
   § 4. Subparagraph (B) of paragraph 1 of subsection (c) of section 4303
 of  the insurance law, as amended by chapter 661 of the laws of 1997, is
 amended to read as follows:
   (B) Maternity care coverage also shall  include,  at  minimum,  parent
 education, assistance and training in breast or bottle feeding, MATERNAL
 DEPRESSION  SCREENINGS  IN  ACCORDANCE WITH SUBDIVISION THREE OF SECTION
 TWO THOUSAND FIVE HUNDRED-K OF THE PUBLIC HEALTH LAW, and  the  perform-
 ance of any necessary maternal and newborn clinical assessments.
   §  5.  Section 3217-g of the insurance law, as added by chapter 199 of
 the laws of 2014, is amended to read as follows:
   § 3217-g. Maternal depression screenings.  [To  the  extent  a  policy
 provides  coverage  for  maternal  depression  screening, no] NO insurer
 subject to this article shall by contract, written policy  or  procedure
 limit  a  patient  insured's direct access to screening and referral for
 maternal depression, as defined in subdivision one  of  section  twenty-
 five hundred-k of the public health law, from a provider of obstetrical,
 gynecologic,  or  pediatric  services  of  her choice; provided that the
 patient insured's access  to  such  services,  coverage  and  choice  of
 provider  is otherwise subject to the terms and conditions of the policy
 under which the patient insured is covered.
   § 6. This act shall take effect one year after it shall have become  a
 law  and shall apply to policies or contracts issued, renewed, modified,
 altered, or amended on or after such date.  Effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such date.