Senate Bill S7012

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7012
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Women's Issues
 
 AN ACT to amend the public health law and the insurance law, in relation
   to requiring maternal depression screenings and that  such  screenings
   are covered by insurance

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2500-k of the  public  health  law  is  amended  by
 adding a new subdivision 3-a to read as follows:
   3-A.  MATERNAL DEPRESSION SCREENINGS. (A) A HEALTH CARE PROVIDER SHALL
 FACILITATE A SCREENING FOR MATERNAL  DEPRESSION  WITHIN  THE  FIRST  SIX
 WEEKS  OF BIRTH IN ACCORDANCE WITH THE GUIDANCE DEVELOPED UNDER SUBDIVI-
 SION THREE OF THIS SECTION.
   (B)(I) IF SUCH PATIENT  DECLINES TO BE SCREENED FOR DEPRESSION  WITHIN
 THE  FIRST  SIX  WEEKS  OF  HAVING GIVEN BIRTH, THE HEALTH CARE PROVIDER
 SHALL RECORD IN SUCH PATIENT'S MEDICAL RECORDS THAT SUCH PATIENT WAS NOT
 SCREENED FOR DEPRESSION BASED UPON THE REFUSAL BY SUCH  PATIENT.    SUCH
 REFUSAL SHALL NOT BE THE BASIS FOR ANY ACTION TAKEN AGAINST A PATIENT OR
 ANY DENIAL OF CARE OR SERVICES.
   (II) THE RECORD OF A PATIENT'S REFUSAL OF A DEPRESSION SCREENING SHALL
 RELIEVE  SUCH HEALTH CARE PROVIDER OF LIABILITY UNDER SECTION SIXTY-FIVE
 HUNDRED THIRTY OF THE EDUCATION LAW.
   § 2. Item (ii) of subparagraph (A) of paragraph 10 of  subsection  (i)
 of section 3216 of the insurance law, as added by chapter 56 of the laws
 of 1996, is amended to read as follows:
   (ii)  Maternity  care  coverage shall also include, at minimum, parent
 education,  assistance  and  training  in  breast  or  bottle   feeding,
 DEPRESSION  SCREENINGS IN ACCORDANCE WITH SUBDIVISION THREE-A OF SECTION
 TWENTY-FIVE HUNDRED-K OF THE PUBLIC HEALTH LAW, and the  performance  of
 any necessary maternal and newborn clinical assessments.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01553-02-5
 S. 7012                             2
              

 
   § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (k) of
 section 3221 of the insurance law, as added by chapter 56 of the laws of
 1996, is amended to read as follows:
   (ii)  Maternity  care  coverage shall also include, at minimum, parent
 education,  assistance  and  training  in  breast  or  bottle   feeding,
 DEPRESSION  SCREENINGS IN ACCORDANCE WITH SUBDIVISION THREE-A OF SECTION
 TWENTY-FIVE HUNDRED-K OF THE PUBLIC HEALTH LAW, and the  performance  of
 any necessary maternal and newborn clinical assessments.
   § 4. Subparagraph (B) of paragraph 1 of subsection (c) of section 4303
 of  the insurance law, as amended by chapter 661 of the laws of 1997, is
 amended to read as follows:
   (B) Maternity care coverage also shall  include,  at  minimum,  parent
 education,   assistance  and  training  in  breast  or  bottle  feeding,
 DEPRESSION SCREENINGS IN ACCORDANCE WITH SUBDIVISION THREE-A OF  SECTION
 TWENTY-FIVE  HUNDRED-K  OF THE PUBLIC HEALTH LAW, and the performance of
 any necessary maternal and newborn clinical assessments.
   § 5. Section 3217-g of the insurance law, as added by chapter  199  of
 the laws of 2014, is amended to read as follows:
   §  3217-g.  Maternal  depression  screenings.  [To the extent a policy
 provides coverage for maternal  depression  screening,  no]  NO  insurer
 subject  to  this article shall by contract, written policy or procedure
 limit a patient insured's direct access to screening  and  referral  for
 maternal  depression,  as  defined in subdivision one of section twenty-
 five hundred-k of the public health law, from a provider of obstetrical,
 gynecologic, or pediatric services of [her] THEIR choice; provided  that
 the  patient  insured's  access to such services, coverage and choice of
 provider is otherwise subject to the terms and conditions of the  policy
 under which the patient insured is covered.
   §  6. This act shall take effect one year after it shall have become a
 law and shall apply to policies or contracts issued, renewed,  modified,
 altered,  or  amended  on or after such date. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such date.