Requires hospitals which provide maternity services to provide disposable diapers and wipes and offer a one-week supply of infant formula for newborns, and to provide a supply of menstrual products, at the time of discharge; clarifies that offering and providing such infant formula shall not affect a hospital's eligibility to participate in the department of health's breastfeeding friendly practice designation program.
S T A T E O F N E W Y O R K
________________________________________________________________________
11722
I N A S S E M B L Y
September 16, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
-- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to requiring hospi-
tals to provide disposable diapers and wipes for newborns and menstru-
al products and offer infant formula for newborns at the time of
discharge
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
2833 to read as follows:
§ 2833. PROVISION OF DIAPERS, WIPES AND FORMULA TO PARENTS AND LEGAL
GUARDIANS FOLLOWING CHILDBIRTH. 1. EVERY HOSPITAL LICENSED PURSUANT TO
THIS ARTICLE THAT PROVIDES MATERNITY SERVICES SHALL, UPON THE DISCHARGE
OF A NEWBORN FOLLOWING CHILDBIRTH, PROVIDE THE PARENTS OR LEGAL GUARDIAN
OF SUCH NEWBORN WITH THE FOLLOWING:
(A) A SUPPLY OF DISPOSABLE DIAPERS AND WIPES FOR THE NEWBORN, IN AN
AMOUNT TO BE DETERMINED BY THE DEPARTMENT;
(B) A SUPPLY OF MENSTRUAL PRODUCTS, IN AN AMOUNT TO BE DETERMINED BY
THE DEPARTMENT; AND
(C) THE OPTION TO RECEIVE A ONE-WEEK SUPPLY OF INFANT FORMULA, AT NO
COST, FOR THE NEWBORN.
2. ACCEPTANCE OR REFUSAL OF SUCH SUPPLIES SHALL BE VOLUNTARY AND AT
THE SOLE DISCRETION OF THE PARENTS OR LEGAL GUARDIAN.
3. COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT A
HOSPITAL'S ELIGIBILITY TO PARTICIPATE IN THE DEPARTMENT'S BREASTFEEDING
FRIENDLY PRACTICE DESIGNATION PROGRAM.
4. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS SECTION, INCLUDING BUT NOT LIMITED
TO:
(A) ESTABLISHING THE MINIMUM QUANTITY OF DISPOSABLE DIAPERS, WIPES,
AND MENSTRUAL PRODUCTS REQUIRED TO BE PROVIDED PURSUANT TO PARAGRAPHS
(A) AND (B) OF SUBDIVISION ONE OF THIS SECTION; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16233-03-6
A. 11722 2
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