S T A T E O F N E W Y O R K
________________________________________________________________________
9168
I N A S S E M B L Y
February 12, 2024
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Health
AN ACT to amend the administrative code of the city of New York, in
relation to establishing a fetal infant mortality review board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 17-166.1 to read as follows:
§ 17-166.1 FETAL INFANT MORTALITY REVIEW BOARD. A. AS USED IN THIS
SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
(1) "REVIEW BOARD" MEANS THE FETAL INFANT MORTALITY REVIEW BOARD
ESTABLISHED BY THIS SECTION.
(2) "FETAL INFANT DEATH" MEANS FETAL, NEONATAL, AND INFANT DEATHS
WITHIN ONE YEAR OF BIRTH.
(3) "SEVERE FETAL INFANT MORBIDITY" OR "MORBIDITY" MEANS UNEXPECTED
OUTCOMES OF PREGNANCY, LABOR, OR DELIVERY THAT RESULT IN SIGNIFICANT
SHORT- OR LONG-TERM CONSEQUENCES TO A CHILD'S HEALTH.
B. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT THE FETAL INFANT
MORTALITY REVIEW BOARD FOR THE PURPOSE OF REVIEWING FETAL INFANT DEATHS
AND FETAL INFANT MORBIDITY AND DEVELOPING AND DISSEMINATING FINDINGS,
RECOMMENDATIONS, AND BEST PRACTICES TO CONTRIBUTE TO THE PREVENTION OF
FETAL INFANT MORTALITY AND MORBIDITY. THE REVIEW BOARD SHALL ASSESS THE
CAUSE OF DEATH, FACTORS LEADING TO DEATH AND PREVENTABILITY FOR EACH
FETAL INFANT DEATH REVIEWED AND, IN THE DISCRETION OF THE REVIEW BOARD,
CASES OF SEVERE FETAL INFANT MORBIDITY, AND SHALL DEVELOP AND DISSEM-
INATE STRATEGIES FOR REDUCING THE RISK OF FETAL INFANT MORTALITY AND
MORBIDITY, INCLUDING RISK RESULTING FROM RACIAL, ECONOMIC, OR OTHER
DISPARITIES. THE COMMISSIONER MAY DELEGATE THE AUTHORITY TO CONDUCT
MATERNAL MORTALITY REVIEWS.
C. (1) THE MEMBERS OF THE REVIEW BOARD SHALL BE COMPRISED OF MULTIDIS-
CIPLINARY EXPERTS IN THE FIELD OF FETAL INFANT MORTALITY, FETAL, NEONA-
TAL AND INFANT HEALTH AND PUBLIC HEALTH, AND SHALL INCLUDE HEALTH CARE
PROFESSIONALS OR OTHER EXPERTS WHO SERVE AND ARE REPRESENTATIVE OF THE
RACIAL, ETHNIC, AND SOCIOECONOMIC DIVERSITY OF THE CITY OF NEW YORK AND,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10351-01-3
A. 9168 2
TO THE EXTENT POSSIBLE, THE MEDICALLY UNDERSERVED AREAS OF THE CITY OF
NEW YORK OR AREAS OF THE CITY OF NEW YORK WITH DISPROPORTIONATELY HIGH
OCCURRENCES OF FETAL INFANT MORTALITY OR MORBIDITY.
(2) THE REVIEW BOARD SHALL BE COMPOSED OF AT LEAST FIFTEEN MEMBERS,
ALL OF WHOM SHALL BE APPOINTED BY THE COMMISSIONER.
(3) THE TERMS OF THE REVIEW BOARD MEMBERS SHALL BE THREE YEARS. THE
COMMISSIONER MAY CHOOSE TO REAPPOINT REVIEW BOARD MEMBERS TO ADDITIONAL
THREE-YEAR TERMS.
(4) A MAJORITY OF THE APPOINTED MEMBERSHIP OF THE REVIEW BOARD, BUT NO
LESS THAN THREE, SHALL CONSTITUTE A QUORUM.
(5) WHEN ANY MEMBER OF THE REVIEW BOARD FAILS TO ATTEND THREE CONSEC-
UTIVE REGULAR MEETINGS, UNLESS GOOD CAUSE IS SHOWN FOR SUCH ABSENCE,
THAT MEMBERSHIP MAY BE DEEMED VACANT FOR PURPOSES OF THE APPOINTMENT OF
A SUCCESSOR.
(6) MEETINGS OF THE REVIEW BOARD SHALL BE HELD AT LEAST TWICE A YEAR
BUT MAY BE HELD MORE FREQUENTLY AS DEEMED NECESSARY, SUBJECT TO REQUEST
OF THE DEPARTMENT.
(7) MEMBERS OF THE REVIEW BOARD SHALL BE INDEMNIFIED UNDER SECTION
SEVENTEEN OF THE PUBLIC OFFICERS LAW OR SECTION FIFTY-K OF THE GENERAL
MUNICIPAL LAW, AS THE CASE MAY BE.
(8) MEMBERS OF THE REVIEW BOARD SHALL NOT BE COMPENSATED FOR THEIR
PARTICIPATION ON THE REVIEW BOARD BUT SHALL RECEIVE REIMBURSEMENT FOR
THEIR ORDINARY AND NECESSARY EXPENSES OF PARTICIPATION.
(9) MEMBERSHIP ON THE REVIEW BOARD SHALL NOT DISQUALIFY ANY PERSON
FROM HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT.
D. (1) THE COMMISSIONER MAY REQUEST AND SHALL RECEIVE UPON REQUEST
FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, LOCAL HEALTH
DEPARTMENT OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THEREOF
OR ANY PUBLIC AUTHORITY, SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO
DEATH RECORDS, MEDICAL RECORDS, AUTOPSY REPORTS, TOXICOLOGY REPORTS,
HOSPITAL DISCHARGE RECORDS, BIRTH RECORDS AND ANY OTHER INFORMATION THAT
WILL HELP THE DEPARTMENT UNDER THIS SECTION TO PROPERLY CARRY OUT ITS
FUNCTIONS, POWERS AND DUTIES. THE COMMISSIONER MAY REQUEST AND SHALL
RECEIVE UPON REQUEST FROM ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR
OTHER AGENCY UNDER THE AUTHORITY OF THE CITY OF NEW YORK AS WELL AS
HOSPITALS ESTABLISHED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC
HEALTH LAW, BIRTHING FACILITIES, MEDICAL EXAMINERS, CORONERS AND CORONER
PHYSICIANS AND ANY OTHER FACILITY PROVIDING SERVICES ASSOCIATED WITH
FETAL INFANT MORTALITY OR FETAL INFANT MORBIDITY, SUCH INFORMATION,
INCLUDING, BUT NOT LIMITED TO, DEATH RECORDS, MEDICAL RECORDS, AUTOPSY
REPORTS, TOXICOLOGY REPORTS, HOSPITAL DISCHARGE RECORDS, BIRTH RECORDS
AND ANY OTHER INFORMATION THAT WILL HELP THE DEPARTMENT UNDER THIS
SECTION TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
(2) THE COMMISSIONER SHALL RECEIVE AND MAY SOLICIT VOLUNTARY INFORMA-
TION, INCLUDING ORAL OR WRITTEN STATEMENTS, RELATING TO ANY FETAL INFANT
DEATH AND CASE OF SEVERE FETAL INFANT MORBIDITY, FROM ANY FAMILY MEMBER
OR OTHER INTERESTED PARTY RELATING TO ANY CASE THAT MAY COME BEFORE THE
REVIEW BOARD. ORAL STATEMENTS RECEIVED UNDER THIS PARAGRAPH SHALL BE
TRANSCRIBED OR SUMMARIZED IN WRITING. THE COMMISSIONER SHALL TRANSMIT
THAT INFORMATION TO THE REVIEW BOARD CONSIDERING THE CASE.
(3) BEFORE TRANSMITTING ANY INFORMATION TO THE REVIEW BOARD, THE
COMMISSIONER SHALL REMOVE ALL PERSONAL IDENTIFYING INFORMATION OF THE
FETUS OR INFANT, PARENTS OF THE FETUS OR INFANT, HEALTH CARE PRACTITION-
ER OR PRACTITIONERS, OR ANYONE ELSE INDIVIDUALLY NAMED IN SUCH INFORMA-
TION, AS WELL AS THE HOSPITAL OR FACILITY THAT TREATED THE FETUS OR
INFANT, AND ANY OTHER INFORMATION SUCH AS GEOGRAPHIC LOCATION THAT MAY
A. 9168 3
INADVERTENTLY IDENTIFY THE FETUS OR INFANT, FETUS OR INFANT'S FAMILY,
PRACTITIONER, OR FACILITY. THIS PARAGRAPH SHALL NOT PRECLUDE THE TRANS-
MITTING OF INFORMATION TO THE REVIEW BOARD THAT IS REASONABLY NECESSARY
TO ENABLE THE REVIEW BOARD TO PERFORM AN APPROPRIATE REVIEW UNDER THIS
SECTION.
E. THE REVIEW BOARD:
(1) SHALL COLLECT AND PERFORM CASE REVIEWS OF FETAL AND INFANT DEATHS;
(2) SHALL MAKE AND REPORT FINDINGS AND RECOMMENDATIONS TO THE COMMIS-
SIONER REGARDING THE CAUSE OF DEATH, FACTORS LEADING TO DEATH, AND
PREVENTABILITY OF EACH FETAL INFANT DEATH CASE, AND EACH CASE OF SEVERE
FETAL INFANT MORBIDITY REVIEWED BY THE REVIEW BOARD, BY REVIEWING RELE-
VANT INFORMATION FOR EACH CASE IN THE CITY OF NEW YORK AND CONSULTING
WITH EXPERTS AS NEEDED TO EVALUATE THE INFORMATION FOR EACH DEATH;
(3) SHALL DEVELOP AND DELIVER TO THE COMMISSIONER RECOMMENDATIONS ON:
(A) ISSUES OF SEVERE FETAL INFANT MORBIDITY;
(B) ADDRESSING SOCIAL DETERMINANTS OF FETAL INFANT HEALTH, INCLUDING
RACIAL, ECONOMIC OR OTHER HISTORICAL AND CONTEMPORARY INJUSTICES WHICH
LEAD TO DISPARITIES IN FETAL INFANT OUTCOMES;
(C) POLICIES, BEST PRACTICES, AND STRATEGIES TO REDUCE FETAL INFANT
MORTALITY AND MORBIDITY;
(D) METHODS OF IMPROVING SERVICES AND RESOURCES; AND
(E) METHODS OF IMPLEMENTING CONTINUOUS QUALITY IMPROVEMENT IN FETAL
INFANT MORTALITY AND MORBIDITY;
(4) SHALL ISSUE AN ANNUAL PUBLIC REPORT ON ITS FINDINGS AND RECOMMEN-
DATIONS AND MAY ALSO ISSUE PUBLIC REPORTS MORE FREQUENTLY;
(5) SHALL IMPLEMENT NEEDS ASSESSMENT, QUALITY ASSURANCE AND POLICY
DEVELOPMENT AT THE LOCAL LEVEL, WHICH ARE ESSENTIAL TO PUBLIC HEALTH
FUNCTIONS;
(6) SHALL IDENTIFY AND ADDRESS SYSTEMIC COMMUNITY CONDITIONS CONTRIB-
UTING TO FETAL INFANT DEATHS;
(7) SHALL IMPLEMENT A SURVEILLANCE SYSTEM TO MONITOR INCIDENCE, ETIOL-
OGIES, AND CONTRIBUTING FACTORS AND WHICH CAN DESCRIBE EFFECTS OF HEALTH
CARE SYSTEM CHANGE;
(8) SHALL IDENTIFY SYSTEM WIDE CHALLENGES TO IMPROVING FETAL INFANT
HEALTH CARE;
(9) SHALL ASSESS, PLAN, IMPROVE, AND MONITOR THE SERVICE SYSTEMS AND
COMMUNITY RESOURCES THAT SUPPORT AND PROMOTE THE HEALTH AND WELL-BEING
OF WOMEN, FETUSES, INFANTS, AND FAMILIES;
(10) MAY, IN ADDITION TO THE FINDINGS AND RECOMMENDATIONS MADE UNDER
THIS SUBDIVISION, AND CONSISTENT WITH ALL APPLICABLE CONFIDENTIALITY
PROTECTIONS, BRING ANY PARTICULAR MATTER TO THE ATTENTION OF THE COMMIS-
SIONER; AND
(11) MAY REQUEST AND SHALL RECEIVE THE ASSISTANCE OF THE COMMISSIONER
IN CARRYING OUT ITS FUNCTIONS.
F. THE COMMISSIONER AND THE REVIEW BOARD SHALL EACH KEEP CONFIDENTIAL
ANY INFORMATION COLLECTED OR RECEIVED UNDER THIS SECTION THAT INCLUDES
PERSONAL IDENTIFYING INFORMATION OF THE FETUS OR INFANT, THE FETUS OR
INFANT'S PARENTS, HEALTH CARE PRACTITIONER OR PRACTITIONERS, OR ANYONE
ELSE INDIVIDUALLY NAMED IN SUCH INFORMATION, AS WELL AS THE HOSPITAL OR
FACILITY THAT TREATED THE FETUS OR INFANT, AND ANY OTHER INFORMATION
SUCH AS GEOGRAPHIC LOCATION THAT MAY INADVERTENTLY IDENTIFY THE FETUS OR
INFANT, THE FETUS OR INFANT'S PARENTS, PRACTITIONER, OR FACILITY, AND
SHALL USE THE INFORMATION PROVIDED OR RECEIVED UNDER THIS SECTION SOLELY
FOR THE PURPOSES OF IMPROVEMENT OF THE QUALITY OF FETAL INFANT HEALTH
CARE AND TO PREVENT FETAL INFANT MORTALITY AND MORBIDITY. THIS SUBDIVI-
SION SHALL NOT PRECLUDE THE TRANSMITTING OF INFORMATION TO THE REVIEW
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BOARD THAT IS REASONABLY NECESSARY TO ENABLE THE REVIEW BOARD TO PERFORM
AN APPROPRIATE REVIEW UNDER THIS SECTION. ALL RECORDS RECEIVED, MEETINGS
CONDUCTED, REPORTS, EXCEPT THOSE PUBLIC REPORTS REQUIRED TO BE ISSUED BY
THE REVIEW BOARD BY THIS SECTION, AND RECORDS MADE AND MAINTAINED AND
ALL BOOKS AND PAPERS OBTAINED BY THE REVIEW BOARD SHALL BE CONFIDENTIAL
AND SHALL NOT BE MADE OPEN OR AVAILABLE, INCLUDING UNDER ARTICLE SIX OF
THE PUBLIC OFFICERS LAW, AND SHALL BE LIMITED TO REVIEW BOARD MEMBERS AS
WELL AS THOSE AUTHORIZED BY THE COMMISSIONER. SUCH INFORMATION SHALL NOT
BE DISCOVERABLE OR ADMISSIBLE AS EVIDENCE IN ANY ACTION IN ANY COURT OR
BEFORE ANY OTHER TRIBUNAL, BOARD, AGENCY OR PERSON.
G. THE COMMISSIONER MAY USE THE RECOMMENDATIONS AND FINDINGS OF THE
REVIEW BOARD TO DEVELOP GUIDANCE AND OTHER ACTIONS RELATING TO BEST
PRACTICES, AND SHALL DISSEMINATE INFORMATION RELATING TO THAT GUIDANCE
AND OTHER ACTIONS TO APPROPRIATE HEALTH CARE PROVIDERS.
§ 2. This act shall take effect immediately.