S T A T E O F N E W Y O R K
________________________________________________________________________
9168--A
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 -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the administrative code of the city of New York, in
relation to establishing a fetal and 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 AND INFANT MORTALITY REVIEW BOARD. A. FOR THE
PURPOSES OF THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
(1) "REVIEW BOARD" MEANS THE FETAL AND INFANT MORTALITY REVIEW BOARD
ESTABLISHED BY THIS SECTION.
(2) "FETAL AND INFANT DEATH" MEANS PREGNANCY LOSS THAT ENDS IN MISCAR-
RIAGE OR STILLBIRTH, OR INFANT DEATHS WITHIN ONE YEAR OF BIRTH.
(3) "SEVERE FETAL AND INFANT MORBIDITY" OR "MORBIDITY" MEANS UNANTIC-
IPATED OUTCOMES OF PREGNANCY, LABOR, OR DELIVERY THAT RESULT IN SIGNIF-
ICANT SHORT- OR LONG-TERM CONSEQUENCES TO A CHILD'S HEALTH.
B. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT THE FETAL AND INFANT
MORTALITY REVIEW BOARD FOR THE PURPOSE OF REVIEWING FETAL AND INFANT
DEATHS AND FETAL AND INFANT MORBIDITY AND DEVELOPING AND DISSEMINATING
FINDINGS, RECOMMENDATIONS, AND BEST PRACTICES TO CONTRIBUTE TO THE
PREVENTION OF FETAL AND INFANT MORTALITY AND MORBIDITY. THE REVIEW BOARD
SHALL ASSESS THE CAUSE OF DEATH, FACTORS LEADING TO DEATH AND PREVENTA-
BILITY FOR EACH FETAL AND INFANT DEATH REVIEWED AND, IN THE DISCRETION
OF THE REVIEW BOARD, CASES OF SEVERE FETAL AND INFANT MORBIDITY, AND
SHALL DEVELOP AND DISSEMINATE STRATEGIES FOR REDUCING THE RISK OF FETAL
AND INFANT MORTALITY AND MORBIDITY, INCLUDING RISK RESULTING FROM
RACIAL, ECONOMIC, OR OTHER DISPARITIES. THE COMMISSIONER MAY DELEGATE
THE AUTHORITY TO CONDUCT FETAL AND INFANT MORTALITY REVIEWS.
C. (1) THE MEMBERS OF THE REVIEW BOARD SHALL BE COMPRISED OF MULTIDIS-
CIPLINARY EXPERTS IN THE FIELD OF FETAL AND INFANT MORTALITY, FETAL,
NEONATAL AND INFANT HEALTH AND PUBLIC HEALTH, MATERNAL HEALTH, OBSTET-
RICS AND GYNECOLOGY, AND SHALL INCLUDE HEALTH CARE PROFESSIONALS OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10351-03-4
A. 9168--A 2
OTHER EXPERTS WHO SERVE AND ARE REPRESENTATIVE OF THE RACIAL, ETHNIC,
AND SOCIOECONOMIC DIVERSITY OF THE CITY OF NEW YORK AND, 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 AND INFANT MORTALITY OR MORBIDITY.
(2) THE REVIEW BOARD SHALL BE COMPOSED OF NINE 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 FIVE, 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 AND INFANT MORTALITY OR FETAL AND INFANT MORBIDITY, SUCH INFORMA-
TION, 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 AND
INFANT DEATH AND CASE OF SEVERE FETAL AND 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 PARA-
GRAPH 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, INDIVIDUALS EXPERIENCING PREGNANCY LOSS OR PARENTS OF
A. 9168--A 3
THE INFANT, 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, FETUS OR INFANT'S FAMILY, PRACTITIONER, OR FACILITY.
(4) INFORMATION RECEIVED OR TRANSMITTED UNDER THIS SECTION IS NOT
ADMISSIBLE IN ANY CIVIL, ADMINISTRATIVE, CRIMINAL, OR FAMILY COURT
PROCEEDING THAT SEEKS TO PUNISH OR PROSECUTE THE PREGNANT OR BIRTHING
PERSON AND SHALL NOT BE USED AS A BASIS OF A REPORT TO THE STATEWIDE
CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.
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 OR INFANT DEATH CASE, AND EACH CASE OF
SEVERE FETAL OR INFANT MORBIDITY REVIEWED BY THE REVIEW BOARD, BY
REVIEWING RELEVANT INFORMATION FOR EACH CASE IN THE CITY OF NEW YORK AND
CONSULTING WITH EXPERTS AS NEEDED TO EVALUATE THE INFORMATION FOR EACH
DEATH PROVIDED THAT NO INFORMATION WHICH, ALONE OR IN COMBINATION, WOULD
PERMIT AN INDIVIDUAL WHO EXPERIENCED A PREGNANCY LOSS OR INFANT DEATH TO
BE IDENTIFIED MAY BE REQUESTED OR SHARED WITH CONSULTING EXPERTS, AND
THAT INFORMATION REVIEWED OR FINDINGS MADE BY THE BOARD SHALL NOT BE
ADMISSIBLE IN ANY CIVIL, ADMINISTRATIVE, CRIMINAL, OR FAMILY COURT
PROCEEDING AND SHALL NOT BE USED AS A BASIS OF A REPORT TO THE STATEWIDE
CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT;
(3) SHALL DEVELOP AND DELIVER TO THE COMMISSIONER RECOMMENDATIONS ON:
(A) ISSUES OF SEVERE FETAL AND INFANT MORBIDITY;
(B) ADDRESSING SOCIAL DETERMINANTS OF FETAL AND INFANT HEALTH, INCLUD-
ING RACIAL, ECONOMIC OR OTHER HISTORICAL AND CONTEMPORARY INJUSTICES
WHICH LEAD TO DISPARITIES IN FETAL AND INFANT OUTCOMES;
(C) POLICIES, BEST PRACTICES, AND STRATEGIES TO REDUCE FETAL AND
INFANT MORTALITY AND MORBIDITY;
(D) METHODS OF IMPROVING SERVICES AND RESOURCES; AND
(E) METHODS OF IMPLEMENTING CONTINUOUS QUALITY IMPROVEMENT IN FETAL
AND 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 IDENTIFY AND ADDRESS SYSTEMIC COMMUNITY CONDITIONS CONTRIB-
UTING TO FETAL AND INFANT DEATHS;
(6) SHALL IMPLEMENT A SURVEILLANCE SYSTEM TO MONITOR INCIDENCE, ETIOL-
OGIES, AND CONTRIBUTING FACTORS AND WHICH CAN DESCRIBE EFFECTS OF HEALTH
CARE SYSTEM CHANGE;
(7) SHALL IDENTIFY SYSTEM WIDE CHALLENGES TO IMPROVING FETAL AND
INFANT HEALTH CARE;
(8) 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
(9) 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
A. 9168--A 4
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 AND INFANT
HEALTH CARE AND TO PREVENT FETAL AND INFANT MORTALITY AND MORBIDITY.
THIS SUBDIVISION SHALL NOT PRECLUDE THE TRANSMITTING OF INFORMATION TO
THE REVIEW 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 one year after it shall have become a
law.