S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6652
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2023
                                ___________
 
 Introduced by Sens. RAMOS, CLEARE, KRUEGER, MANNION, MYRIE -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Health
 
 AN ACT to amend the public health law and the insurance law, in relation
   to  premium  reduction for obstetric practitioners who complete a risk
   management strategies course

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2506-a to read as follows:
   § 2506-A. RISK  MANAGEMENT  STRATEGIES  IN  OBSTETRICS  AND  MIDWIFERY
 COURSES.  1.  IN  ORDER TO IMPROVE PATIENT SAFETY, BIRTH OUTCOMES AND TO
 PROMOTE INFORMED CONSULTATION BY  PATIENTS  WITH  THEIR  PHYSICIANS  AND
 LICENSED MIDWIVES DURING THE PRENATAL THROUGH INTRAPARTUM AND POSTPARTUM
 PERIODS,  THE  COMMISSIONER SHALL APPROVE PROFESSIONAL EDUCATION COURSES
 FOR ELIGIBLE PHYSICIANS AND LICENSED MIDWIVES AS PROVIDED IN SUBDIVISION
 FOUR OF THIS SECTION THAT COVERS RISK MANAGEMENT STRATEGIES  IN  OBSTET-
 RICS AND MIDWIFERY AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUCH
 RISK MANAGEMENT STRATEGIES COURSES SHALL BE SUBJECT TO SUCH STANDARDS AS
 THE  COMMISSIONER MAY PRESCRIBE BY REGULATION. IN PRESCRIBING SUCH REGU-
 LATIONS, THE COMMISSIONER MAY CONSULT  WITH  THE  AMERICAN  CONGRESS  OF
 OBSTETRICIANS  AND GYNECOLOGISTS, NEW YORK STATE ASSOCIATION OF LICENSED
 MIDWIVES AND OTHER HEALTH CARE ORGANIZATIONS. AN ELIGIBLE  PHYSICIAN  OR
 LICENSED MIDWIFE WHO SUCCESSFULLY COMPLETES SUCH RISK MANAGEMENT STRATE-
 GIES  COURSE  PURSUANT  TO THIS SECTION SHALL RECEIVE CONTINUING MEDICAL
 EDUCATION CREDIT AND A CERTIFICATE OF COMPLETION.
   2.  COURSES ON RISK MANAGEMENT STRATEGIES DURING THE PRENATAL  THROUGH
 INTRAPARTUM AND POSTPARTUM PERIODS SHALL PROMOTE EVIDENCE-BASED CLINICAL
 GUIDELINES  AND  PATIENT  SAFETY  PROTOCOLS  FROM BOTH THE MIDWIFERY AND
 OBSTETRICAL PERSPECTIVES. OPTIONS FOR COURSES SHOULD BE APPROPRIATE  FOR
 THE  RESPECTIVE  PROFESSION  AND  MAY  INCLUDE INFORMATION AND EDUCATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06621-01-3
              

 S. 6652                             2
 
 ADDRESSING RISKS ASSOCIATED WITH THE PRACTICE OF OBSTETRICS AND  MIDWIF-
 ERY.  COURSE  OPTIONS  MAY  INCLUDE ISSUES SUCH AS: METHODS TO ELIMINATE
 NON-MEDICALLY INDICATED (ELECTIVE) DELIVERIES PRIOR TO THIRTY-NINE WEEKS
 GESTATION  INCLUDING THE NEONATAL IMPACT OF LATE PRETERM BIRTHS; VAGINAL
 BIRTHS AFTER CESAREAN BIRTHS AND THE APPLICABILITY TO A TRIAL OF  LABOR;
 REDUCTIONS  IN  CESAREAN BIRTHS; MONITORING OF FETAL WELL-BEING; MANAGE-
 MENT OF PAIN IN LABOR;  MANAGEMENT  OF  MATERNAL  HEMORRHAGE,  INCLUDING
 PLACENTA ACCRETA, HYPERTENSION IN PREGNANCY, INCLUDING PRE-ECLAMPSIA AND
 ECLAMPSIA, VAGINAL BREECH AND PREVENTION OF SHOULDER DYSTOCIA; AND OTHER
 EVIDENCE-BASED  GUIDELINE  DETERMINED  ISSUES  THAT IMPROVE THE CARE AND
 OUTCOMES OF WOMEN.
   3. ATTENDANCE AT ANY COURSE APPROVED BY THE COMMISSIONER  PURSUANT  TO
 THIS SECTION MAY BE IN PERSON OR THROUGH DISTANCE LEARNING METHODS WHICH
 EVINCE  THAT  ALL PARTICIPANTS ARE IN ATTENDANCE FOR THE DURATION OF THE
 COURSE AND ABLE TO ASK QUESTIONS OF THE INSTRUCTOR.
   4. PHYSICIANS WHO ARE BOARD CERTIFIED OR  ARE  ACTIVE  CANDIDATES  FOR
 BOARD CERTIFICATION IN OBSTETRICS AND PHYSICIANS WHO ARE BOARD CERTIFIED
 OR  ARE  ELIGIBLE FOR BOARD CERTIFICATION IN FAMILY PRACTICE AND PROVIDE
 OBSTETRIC SERVICES AND MIDWIVES WHO ARE LICENSED IN THE STATE ARE ELIGI-
 BLE FOR A RISK MANAGEMENT STRATEGIES COURSE.
   5. THE COMMISSIONER IS AUTHORIZED TO PRESCRIBE  ANY  RULES  AND  REGU-
 LATIONS  NECESSARY  TO IMPLEMENT THIS SECTION. IN PRESCRIBING SUCH RULES
 AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER  THE  RULES  AND  REGU-
 LATIONS PROMULGATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT
 TO  SUBSECTION  (E) OF SECTION TWO THOUSAND THREE HUNDRED FORTY-THREE OF
 THE INSURANCE LAW AND MAY CONSULT WITH THE SUPERINTENDENT  OF  FINANCIAL
 SERVICES.
   §  2. Subsection (e) of section 2343 of the insurance law, as added by
 chapter 642 of the laws of 1990, is amended and a new subsection (f)  is
 added to read as follows:
   (e)  The superintendent may approve an ACTUARIALLY appropriate premium
 reduction for an insured physician OR LICENSED MIDWIFE who  successfully
 completes a risk management course OR A COURSE AUTHORIZED BY THE COMMIS-
 SIONER  OF  HEALTH  UNDER SECTION TWO THOUSAND FIVE HUNDRED SIX-A OF THE
 PUBLIC HEALTH LAW, which must be approved by the superintendent  subject
 to  such standards as the superintendent may prescribe by regulation. In
 prescribing such regulation the  superintendent  may  consult  with  the
 commissioner of health.
   (F)   AN  INSURED  PHYSICIAN  OR  LICENSED  MIDWIFE  WHO  SUCCESSFULLY
 COMPLETES A COURSE  AUTHORIZED  BY  THE  COMMISSIONER  OF  HEALTH  UNDER
 SECTION  TWO  THOUSAND FIVE HUNDRED SIX-A OF THE PUBLIC HEALTH LAW SHALL
 NOT, DURING THE PERIOD SET FORTH  IN  THE  SUPERINTENDENT'S  REGULATIONS
 PRESCRIBING  STANDARDS  FOR  THE PREMIUM REDUCTION, ALSO BE ELIGIBLE FOR
 ADDITIONAL PREMIUM  REDUCTION  FOR  AN  INSURED  PHYSICIAN  OR  LICENSED
 MIDWIFE'S MEDICAL MALPRACTICE INSURANCE POLICY FOR SUCCESSFUL COMPLETION
 OF  A  RISK  MANAGEMENT COURSE APPROVED BY THE SUPERINTENDENT UNDER PART
 152 OF TITLE 11 OF THE NEW YORK CODE OF RULES AND REGULATIONS.
   § 3. This act shall take effect one year after it shall have become  a
 law  and  shall  apply  to  all insurance policies and contracts issued,
 renewed, modified or altered on  and  after  such  effective  date.  The
 commissioner  of health and the superintendent of financial services are
 authorized and directed to adopt, amend, suspend or  repeal  regulations
 and  take  other  actions  necessary  for the implementation of this act
 prior to such effective date; provided,  however,  that  such  adoption,
 amendment,  suspension  or  repeal  of  regulations shall not have legal
 effect until this act takes effect.