S T A T E O F N E W Y O R K
________________________________________________________________________
5634--A
2023-2024 Regular Sessions
I N S E N A T E
March 10, 2023
___________
Introduced by Sens. WEBB, ADDABBO, CLEARE, COMRIE -- read twice and
ordered printed, and when printed to be committed to the Committee on
Health -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the social services law, in relation to establishing a
remote maternal health services pilot program for Medicaid recipients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
365-kk to read as follows:
§ 365-KK. REMOTE MATERNAL HEALTH SERVICES PILOT PROGRAM. 1. FOR THE
PURPOSES OF THIS SECTION, "REMOTE MATERNAL HEALTH SERVICES" MEANS:
(A) THE USE OF DIGITAL TECHNOLOGY:
(I) TO COLLECT MEDICAL AND OTHER FORMS OF HEALTH DATA FROM A PATIENT
AND ELECTRONICALLY TRANSMIT THAT INFORMATION SECURELY TO A HEALTHCARE
PROVIDER IN A DIFFERENT LOCATION FOR INTERPRETATION AND RECOMMENDATION;
AND
(II) THAT IS COMPLIANT WITH THE FEDERAL HEALTH INSURANCE PORTABILITY
AND ACCOUNTABILITY ACT OF 1996 (42 U.S.C. § 1320D ET SEQ.) AND APPROVED
BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; AND
(B) THE USE OF A DEVICE THAT:
(I) PERFORMS REMOTE FETAL MONITORING, INCLUDING MATERNAL HEART RATE,
FETAL HEART RATE, AMNIOTIC FLUID, PLACENTA LOCATION, AND FETAL PRESENTA-
TION, TONE, AND MOVEMENT;
(II) MEASURES PHYSIOLOGICAL DATA, INCLUDING BLOOD PRESSURE, PULSE,
PULSE OXIMETRY, WEIGHT, BLOOD GLUCOSE LEVELS, OR OTHER PHYSIOLOGICAL
DATA DETERMINED TO BE MEDICALLY NECESSARY;
(III) USES REMOTE NON-STRESS TEST TECHNOLOGY;
(IV) USES REMOTE ULTRASOUND TECHNOLOGY; OR
(V) USES DOPPLER EFFECT TECHNOLOGY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09759-02-3
S. 5634--A 2
2. THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT A PILOT PROGRAM DURING
FISCAL YEARS TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE, TWO
THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX, AND TWO THOUSAND TWENTY-
SIX--TWO THOUSAND TWENTY-SEVEN TO PROVIDE:
(A) REMOTE MATERNAL HEALTH SERVICES TO A MEDICAID RECIPIENT ELIGIBLE
UNDER SUBDIVISION THREE OF THIS SECTION;
(B) MEDICALLY NECESSARY REMOTE MATERNAL HEALTH SERVICES TO SUCH AN
ELIGIBLE MEDICAID RECIPIENT FOR UP TO TWELVE MONTHS POSTPARTUM; AND
(C) PAYMENT TO HEALTHCARE PROVIDERS WHO PROVIDE REMOTE MATERNAL HEALTH
SERVICES THAT INCLUDES THE COST OF THE REMOTE PATIENT MONITORING DEVICES
BEING USED.
3. A MEDICAID RECIPIENT IS ELIGIBLE TO RECEIVE REMOTE MATERNAL HEALTH
SERVICES PURSUANT TO THE PILOT PROGRAM ESTABLISHED BY THIS SECTION, IF:
(A) THE RECIPIENT IS PREGNANT;
(B) THE RECIPIENT'S HEALTHCARE PROVIDER DETERMINES THAT REMOTE MATER-
NAL HEALTH SERVICES ARE IN THE BEST INTEREST OF THE PATIENT;
(C) THE RECIPIENT'S HEALTHCARE PROVIDER DETERMINES THE RECIPIENT HAS
AN INCREASED LIKELIHOOD OF EXPERIENCING A HIGHER-RISK PREGNANCY DUE TO:
(I) EXISTING HEALTH CONDITIONS, SUCH AS HIGH BLOOD PRESSURE, POLYCYS-
TIC OVARY SYNDROME, DIABETES, KIDNEY DISEASE, AUTOIMMUNE DISEASE,
THYROID DISEASE, OBESITY, HIV/AIDS, OR ZIKA INFECTION;
(II) AGE FACTORS, INCLUDING TEENAGE PREGNANCY OR PREGNANCY AFTER THIR-
TY-FIVE YEARS OF AGE;
(III) LIFESTYLE FACTORS, SUCH AS ALCOHOL, TOBACCO, OR DRUG USE; OR
(IV) CONDITIONS OF PREGNANCY, INCLUDING MULTIPLE GESTATION, GESTATION-
AL DIABETES, PREECLAMPSIA, ECLAMPSIA, PREVIOUS PRETERM BIRTHS, OR BIRTH
DEFECTS OR GENETIC CONDITIONS IN THE FETUS;
(D) THE RECIPIENT LIVES IN A COUNTY WITHOUT A LICENSED
OBSTETRICIAN/GYNECOLOGIST WHO PARTICIPATES IN MEDICAID;
(E) THE RECIPIENT'S HEALTHCARE PROVIDER DETERMINES THE RECIPIENT IS
UNABLE TO ACCESS CONSISTENT OBSTETRICAL CARE DUE TO FACTORS THAT INCLUDE
TRANSPORTATION, CHILD CARE, EMPLOYMENT REQUIREMENTS, AND SOCIOECONOMICS;
AND
(F) THE REMOTE MATERNAL HEALTH SERVICES MEET THE CRITERIA OF SUBDIVI-
SION ONE OF THIS SECTION.
§ 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.