Requires all insurance policies and health maintenance organization contracts to provide coverage for maternity patients and their newborns for hospital stays of at least 48 hours following childbirth by natural delivery and 96 hours following childbirth by caesarean section; provides such coverage for patients who are recipients of medicaid.
S T A T E O F N E W Y O R K
________________________________________________________________________
7681
2025-2026 Regular Sessions
I N A S S E M B L Y
April 4, 2025
___________
Introduced by M. of A. COOK, BICHOTTE HERMELYN, HYNDMAN, GLICK, WOERNER,
DE LOS SANTOS, SEAWRIGHT, SIMONE, SIMON, BORES -- Multi-Sponsored by
-- M. of A. COLTON, DINOWITZ -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to establishing
mandatory minimum medicaid coverage for hospital confinement for
childbirth
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 365-a of the social services law is amended by
adding a new subdivision 6-a to read as follows:
6-A. (A) MEDICAL ASSISTANCE SHALL ALSO INCLUDE INPATIENT HOSPITAL
COVERAGE FOR MOTHER AND FOR NEWBORN FOR AT LEAST FORTY-EIGHT HOURS AFTER
CHILDBIRTH FOR ANY DELIVERY OTHER THAN A CAESAREAN SECTION, AND FOR AT
LEAST NINETY-SIX HOURS AFTER A CAESAREAN SECTION.
(B) MATERNITY CARE COVERAGE SHALL ALSO INCLUDE, AT A MINIMUM, PARENT
EDUCATION, ASSISTANCE AND TRAINING IN BREAST OR BOTTLE FEEDING, AND THE
PERFORMANCE OF ANY NECESSARY MATERNAL AND NEWBORN CLINICAL ASSESSMENTS.
(C) A MOTHER SHALL HAVE THE OPTION TO BE DISCHARGED EARLIER THAN THE
TIME PERIODS ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION. IN SUCH
CASE, THE INPATIENT HOSPITAL COVERAGE MUST INCLUDE AT LEAST ONE HOME
CARE VISIT, WHICH SHALL BE IN ADDITION TO, RATHER THAN IN LIEU OF, ANY
HOME HEALTH CARE COVERAGE OTHERWISE AVAILABLE. THE MEDICAL ASSISTANCE
PROGRAM MUST COVER THE HOME CARE VISIT WHICH MAY BE REQUESTED AT ANY
TIME WITHIN FORTY-EIGHT HOURS OF THE TIME OF DELIVERY (NINETY-SIX HOURS
IN THE CASE OF A CAESAREAN SECTION) AND SHALL BE DELIVERED WITHIN TWEN-
TY-FOUR HOURS, (I) AFTER DISCHARGE, OR (II) OF THE TIME OF THE MOTHER'S
REQUEST, WHICHEVER IS LATER.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03095-01-5
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