The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1867
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens.  BROUK,  CLEARE,  KENNEDY, RAMOS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health
 
 AN  ACT  to amend the public health law, in relation to establishing the
   New York state community doula directory for doulas  serving  Medicaid
   patients

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and  declarations. The legislature
 hereby finds and declares that poor maternal and infant health  outcomes
 and  disparities  are  a  public health crisis that pose a threat to the
 health, welfare, and quality of life of child  bearing  people,  infants
 and  their  families. The legislature acknowledges the imbalances of how
 doula care is treated in different communities. Between the rising costs
 of reproductive care, the absence of a federal doula Medicaid framework,
 and the existing barriers to equitable prenatal, intranatal,  and  post-
 partum  care  services,  the  legislature hereby finds the importance in
 establishing a community doula directory to  increase  access  to  care.
 Having  doula services in an accessible and centralized location that is
 open to the public without an economic barrier, will help connect birth-
 ing persons with the doula care services they need.
   § 2. Article 25 of the public health law is amended by  adding  a  new
 title 6-A to read as follows:
 
                                TITLE VI-A
                            DOULAS FOR MEDICAID
 
 SECTION 2594-A. DEFINITIONS.
         2594-B. NEW YORK STATE COMMUNITY DOULA DIRECTORY.
         2594-C. CRITERIA FOR ADMITTANCE INTO THE NEW YORK STATE COMMUNI-
                   TY DOULA DIRECTORY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04573-01-3

 S. 1867                             2
 
   §  2594-A.  DEFINITIONS.  1.  FOR  THE PURPOSES OF THIS TITLE, "DOULA"
 MEANS A TRAINED PERSON WHO PROVIDES CONTINUOUS PHYSICAL, EMOTIONAL,  AND
 INFORMATIONAL  SUPPORT TO A PREGNANT PERSON AND THE FAMILY OF SUCH PREG-
 NANT PERSON BEFORE, DURING OR A REASONABLE TIME AFTER CHILDBIRTH.
   2.  A  DOULA  MAY  PROVIDE SERVICES IN HOSPITALS, BIRTHING CENTERS, AT
 HOME DELIVERIES AND OTHER COMMUNITY SETTINGS.
   § 2594-B. NEW YORK STATE COMMUNITY DOULA DIRECTORY. 1. THE  DEPARTMENT
 SHALL  ESTABLISH  AND MAINTAIN A COMMUNITY DOULA DIRECTORY FOR DOULAS ON
 THE  DEPARTMENT'S  INTERNET  WEBSITE  FOR  THE  PURPOSES   OF   MEDICAID
 REIMBURSEMENT AND PROMOTING DOULA SERVICES TO MEDICAID RECIPIENTS.
   2.  THE  DIRECTORY  SHALL INCLUDE THE FOLLOWING INFORMATION CONCERNING
 DOULAS SUCH AS:
   (A) THE NAME OF THE DOULA WHO PROVIDES DOULA SERVICES;
   (B) THE ADDRESS  AND  LOCATION  OF  WHERE  THE  DOULA  PROVIDES  DOULA
 SERVICES;
   (C)  THE NAME OF EACH MEDICAID PROVIDER THAT EMPLOYS OR CONTRACTS WITH
 A DOULA TO PROVIDE DOULA SERVICES TO ELIGIBLE MEDICAID RECIPIENTS;
   (D) THE DOULA'S NATIONAL PROVIDER IDENTIFICATION NUMBER; AND
   (E) ALL DOCUMENTATION OF  CRITERIA  PURSUANT  TO  SECTION  TWENTY-FIVE
 HUNDRED NINETY-FOUR-C OF THIS TITLE.
   3.  THE  DEPARTMENT SHALL DETERMINE THE METHOD OF REGISTRATION AND THE
 DOCUMENTATION REQUIRED TO VERIFY SUCH CRITERIA HAS BEEN MET.
   4. EACH DOULA SHALL BE RESPONSIBLE  FOR  COMPLETING  THE  REQUIREMENTS
 PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-FOUR-C OF THIS TITLE.
   5.  THE  DEPARTMENT  SHALL NOT IMPOSE ANY FEE ON ANY DOULA TO REGISTER
 FOR ADMITTANCE INTO THE NEW YORK STATE COMMUNITY DOULA DIRECTORY.
   6. THE COMMUNITY DOULA DIRECTORY SHALL BE PUBLICLY  ACCESSIBLE  AT  NO
 COST  TO  THE  DOULA OR BIRTHING PERSON LOOKING TO HIRE A DOULA IN THEIR
 COMMUNITY.
   § 2594-C. CRITERIA FOR ADMITTANCE INTO THE NEW  YORK  STATE  COMMUNITY
 DOULA  DIRECTORY.    1.  EACH DOULA SEEKING MEDICAID REIMBURSEMENT SHALL
 APPLY TO BE REGISTERED IN THE NEW YORK STATE COMMUNITY DOULA DIRECTORY.
   2. A DOULA SHALL SUBMIT TO THE DEPARTMENT A  CERTIFIED  COPY  OF  SUCH
 DOULA'S CERTIFICATION FROM A DOULA EDUCATIONAL ORGANIZATION OR BY DEMON-
 STRATION  OF SATISFACTORY PROFICIENCY PURSUANT TO THIS SECTION, AND HIS,
 HER, OR THEIR FULL NAME,  ADDRESS,  PHONE  NUMBER,  EMAIL  ADDRESS,  AND
 NATIONAL PROVIDER IDENTIFICATION NUMBER.
   3. IN LIEU OF CERTIFICATION, A DOULA SHALL SUBMIT PROOF OF THE FOLLOW-
 ING TO THE DEPARTMENT ATTESTING THAT SUCH DOULA HAS:
   (A)  ATTENDED  AT  LEAST  TWENTY-FOUR  CONTACT HOURS OF EDUCATION THAT
 INCLUDES ANY COMBINATION OF CHILDBIRTH EDUCATION, BIRTH DOULA  TRAINING,
 ANTEPARTUM DOULA TRAINING, AND POSTPARTUM DOULA TRAINING;
   (B) ATTENDED AT LEAST ONE BREASTFEEDING CLASS;
   (C) ATTENDED AT LEAST TWO CHILDBIRTH CLASSES;
   (D) ATTENDED AT LEAST TWO LIVE CHILDBIRTHS;
   (E) COMPLETED CULTURAL COMPETENCY TRAINING;
   (F) COMPLETED A DOULA PROFICIENCY EXAM; AND
   (G)  COMPLETED  TRAINING  PURSUANT TO THE HEALTH INSURANCE PORTABILITY
 AND ACCOUNTABILITY ACT OR CLIENT CONFIDENTIALITY TRAINING.
   § 3. This act shall take effect six months after it shall have  become
 a law.