S T A T E O F N E W Y O R K
________________________________________________________________________
9579--A
I N A S S E M B L Y
March 20, 2024
___________
Introduced by M. of A. ZACCARO, SLATER -- read once and referred to the
Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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. SUCH REFUSAL SHALL NOT BE THE BASIS FOR ANY
ACTION TAKEN AGAINST A BIRTH MOTHER OR ANY DENIAL OF CARE OR SERVICES.
(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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14123-02-4
A. 9579--A 2
§ 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:
(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.