NY State Senate Bill 2023-S6045A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	committed to rules
May 23, 2024	advanced to third reading
May 22, 2024	2nd report cal.
May 21, 2024	1st report cal.1349
May 16, 2024	print number 6045a
May 16, 2024	amend (t) and recommit to health
Jan 03, 2024	referred to health
May 09, 2023	reference changed to health
Mar 27, 2023	referred to cities 1

Votes

- May 21, 2024 - Health Committee Vote
  S6045A
  
  Aye
  
  15
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: May 21, 2024
      
      aye (15)
      
      Ashby
      
      Brouk
      
      Felder
      
      Gallivan
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rhoads
      
      Rivera
      
      Salazar
      
      Stec
      
      Thomas
      
      Webb

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S6045 - Details

See Assembly Version of this Bill:: A9168
Current Committee:: Senate Rules
Law Section:: New York City Administrative Code
Laws Affected:: Add §17-166.1, NYC Ad Cd

2023-S6045 - Summary

Establishes a fetal and infant mortality review board to study fetal and infant mortality and morbidity and make recommendations on policies, best practices, and strategies to reduce fetal and infant mortality and morbidity within New York city.

2023-S6045 - Sponsor Memo

                                 
BILL NUMBER: S6045

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to establishing a fetal infant mortality review board

 
PURPOSE OR GENERAL IDEA:

The purpose of this bill is to establish a fetal infant mortality review
board in the city of New York.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the relevant provision of the administra-
tive code of the city of New York to create the fetal infant mortality
review board. In addition to establishing the board and its composition,
the new section of the administrative code sets forth the board's obli-
gations. The board would assess the causes of fetal and infant deaths
across the city, determine the factors which lead to these unfortunate
deaths, and disseminate strategies for reducing said factors. The board

would consider racial and economic disparities in their analysis. The
board would be allowed to review pertinent records - as well as any
statements made by relevant individuals on a voluntary basis - provided
that such records and statements are redacted prior to being transmitted
to the review board. Records, statements and other information shall be
redacted to protect the personal identifying information of the fetus or
the infant, the parents of the fetus or infant, and the medical person-
nel associated with each particular case (including the relevant hospi-
tal or facility). The new code provision would ensure that such informa-
tion remains confidential and is not subject to use in any litigation or
agency matter.

 
JUSTIFICATION:

Fetal and infant deaths during the perinatal period have a detrimental
impact on the person giving birth, their family, and the community at
large. This bill would establish a citywide Fetal Infant Mortality
Review Board (FIMR) to identify the root causes of these horrific
outcomes and recommend action-oriented solutions.

Many states, as well as Washington DC and the commonwealth of Puerto
Rico, have implemented such boards to help address this urgent issue.
These boards interview parents, review pertinent records and reports,
and subsequently recommend interventions that can reduce the risk of
fetal and infant deaths. A citywide FIMR would bring new insights, help-
ing us lower the fetal and infant mortality rate, especially in communi-
ties whose rates far exceed the state average. The infant mortality rate
in New York State is relatively low when compared to other states.
However, the state's overall success in this area is not shared equally
across our communities. Low-income communities and communities of color
have infant mortality rates that are two or even three times higher than
the statewide average. This is especially true in the Bronx. An in-depth
review of individual and aggregate fetal/infant deaths and morbidity
cases would shed light on the root causes of poor pregnancy outcomes,
and hopefully improve them.

 
PRIOR LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6045 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6045
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10351-01-3

 S. 6045                             2
 
 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,
 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-
 S. 6045                             3
 
 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
 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
 S. 6045                             4

 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
 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.

co-Sponsors

2023-S6045A (ACTIVE) - Details

See Assembly Version of this Bill:: A9168
Current Committee:: Senate Rules
Law Section:: New York City Administrative Code
Laws Affected:: Add §17-166.1, NYC Ad Cd

2023-S6045A (ACTIVE) - Summary

2023-S6045A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6045A

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to establishing a fetal and infant mortality review board

 
PURPOSE OR GENERAL IDEA:  The purpose of this bill is to establish a
fetal infant mortality review board in the city of New York.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the relevant provision of the administra-
tive code of the city of New York to create the fetal infant mortality
review board. In addition to establishing the board and its composition,
the new section of the administrative code sets forth the board's obli-
gations. The board would assess the causes of fetal and infant deaths
across the city, determine the factors which lead to these unfortunate
deaths, and disseminate strategies for reducing said factors. The board
would consider racial and economic disparities in their analysis. The
board would be allowed to review pertinent records - as well as any

statements made by relevant individuals on a voluntary basis - provided
that such records and statements are redacted prior to being transmitted
to the review board. Records, statements and other information shall be
redacted to protect the personal identifying information of the fetus or
the infant, the parents of the fetus or infant, and the medical person-
nel associated with each particular case (including the relevant hospi-
tal or facility). The new code provision would ensure that such informa-
tion remains confidential and is not subject to use in any litigation or
agency matter.

 
JUSTIFICATION:

Fetal and infant deaths during the perinatal period have a detrimental
impact on the person giving birth, their family, and the community at
large. This bill would establish a citywide Fetal Infant Mortality
Review Board (FIMR) to identify the root causes of these horrific
outcomes and recommend action-oriented solutions.  Many states, as well
as Washington DC and the commonwealth of Puerto Rico, have implemented
such boards to help address this urgent issue.  These boards interview
parents, review pertinent records and reports, and subsequently recom-
mend interventions that can reduce the risk of fetal and infant deaths.
A citywide FIMR would bring new insights, helping us lower the fetal and
infant mortality rate, especially in communities whose rates far exceed
the state average. The infant mortality rate in New York State is rela-
tively low when compared to other states. However, the state's overall
success in this area is not shared equally across our communities. Low-
income communities and communities of color have infant mortality rates
that are two or even three times higher than the statewide average. This
is especially true in the Bronx. An in-depth review of individual and
aggregate fetal/ infant deaths and morbidity cases would shed light on
the root causes of poor pregnancy outcomes, and hopefully improve them.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:
TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6045A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6045--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced by Sens. BAILEY, FERNANDEZ, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee on Cities 1
   --  recommitted  to  the Committee on Health in accordance with Senate
   Rule  6,  sec.  8  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10351-02-4
 S. 6045--A                          2

 
 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
 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-
 S. 6045--A                          3
 
 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
 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.
 S. 6045--A                          4
 
   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  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.

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Senate Bill S6045A

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Archive: Last Bill Status - In Senate Committee Rules Committee

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May 21, 2024 - Health Committee Vote

Health Committee Vote: May 21, 2024

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co-Sponsors

2023-S6045 - Details

2023-S6045 - Summary

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Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

co-Sponsors

Nathalia Fernandez

Robert Jackson

2023-S6045 - Details

2023-S6045 - Summary

2023-S6045 - Sponsor Memo

2023-S6045 - Bill Text download pdf

co-Sponsors

Nathalia Fernandez

Robert Jackson

2023-S6045A (ACTIVE) - Details

2023-S6045A (ACTIVE) - Summary

2023-S6045A (ACTIVE) - Sponsor Memo

2023-S6045A (ACTIVE) - Bill Text download pdf

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