S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7544
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 22, 2025
                                ___________
 
 Introduced    by   Sens.   BROUK,   CLEARE,   MYRIE,   RAMOS,   SALAZAR,
   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, in relation to requiring the
   advisory council on maternal mortality and morbidity  to  undertake  a
   review of the cesarean births at hospitals in the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision  1  of  section  2509  of  the
 public  health  law,  as  amended by chapter 142 of the laws of 2019, is
 amended to read as follows:
   (a) There is hereby established in the department the maternal mortal-
 ity review board for the purpose of reviewing maternal deaths and mater-
 nal morbidity and developing  and  disseminating  findings,  recommenda-
 tions,  and  best  practices to contribute to the prevention of maternal
 mortality and morbidity. The board shall  assess  the  cause  of  death,
 INCLUDING WHETHER THERE WAS A VAGINAL OR CESAREAN BIRTH, factors leading
 to death and preventability for each maternal death reviewed and, in the
 discretion  of  the board, cases of severe maternal morbidity, and shall
 develop and disseminate strategies for reducing  the  risk  of  maternal
 mortality and morbidity, including risk resulting from racial, economic,
 or  other  disparities.  The  commissioner may delegate the authority to
 conduct maternal mortality reviews.
   § 2. Paragraph (a) of subdivision 5 of  section  2509  of  the  public
 health law, as amended by chapter 142 of the laws of 2019, is amended to
 read as follows:
   (a)  shall make and report findings and recommendations to the commis-
 sioner, and in the case of the city board to the  commissioner  and  the
 city  commissioner  regarding  the  cause  of  death, factors leading to
 death, and preventability of each maternal death case, INCLUDING WHETHER
 THERE WAS A VAGINAL OR CESAREAN BIRTH, and each case of severe  maternal
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04471-01-5
              
             
                          
                 S. 7544                             2
 
 morbidity  reviewed  by the board, by reviewing relevant information for
 each case in the state or the city of New York, as the case may be,  and
 consulting  with  experts as needed to evaluate the information for each
 death;  and  shall  provide such findings and recommendations, including
 best practices and strategies for reducing the risk of maternal  mortal-
 ity  and  morbidity,  to  the  advisory  council; provided that material
 provided to the advisory council shall not include any information  that
 would be confidential under this section;
   §  3.  Paragraphs  (b) and (d) of subdivision 8 of section 2509 of the
 public health law, as amended by chapter 142 of the laws  of  2019,  are
 amended to read as follows:
   (b) The advisory council:
   (i) may review the findings of the boards;
   (ii)  may  develop  recommendations  on  policies, best practices, and
 strategies to prevent maternal mortality and morbidity;
   (iii) may hold public hearings on those matters;
   (iv) may make findings and issue reports, including an annual  report,
 on such matters; [and]
   (v)  may request and shall receive the assistance of the commissioner,
 the city commissioner, and the boards in carrying out its  functions[.];
 AND
   (VI)  SHALL  UNDERTAKE A REVIEW OF CESAREAN BIRTHS AT HOSPITALS IN THE
 STATE. THE COUNCIL SHALL ISSUE A FINAL REPORT AND  MAKE  RECOMMENDATIONS
 TO  REDUCE  THE  RATE OF CESAREAN BIRTHS IN THE STATE. THE COUNCIL SHALL
 CONSIDER FACTORS INCLUDING, BUT NOT LIMITED TO: THE PRIMARY  AND  REPEAT
 CESAREAN  BIRTH RATES AMONG HOSPITALS IN THE STATE; THE HOSPITALS IN THE
 STATE THAT ALLOW OR ENCOURAGE VAGINAL BIRTHS AFTER CESAREAN BIRTHS;  THE
 RATE  OF  VAGINAL  BIRTHS  AFTER  CESAREAN BIRTHS AMONG HOSPITALS IN THE
 STATE; THE RATE OF  VAGINAL  BIRTHS  AFTER  CESAREAN  BIRTHS  THAT  WERE
 OFFERED  BY  HOSPITALS IN THE STATE BUT DECLINED BY THE BIRTHING PERSON;
 THE RATE OF VAGINAL BIRTHS AFTER CESAREAN BIRTHS THAT WERE ATTEMPTED BUT
 FAILED AMONG HOSPITALS IN THE STATE; THE TIME OF DAY UNPLANNED  CESAREAN
 BIRTHS  OCCUR IN HOSPITALS, AND WHETHER SUCH CORRELATES WITH THE RATE OF
 CESAREAN BIRTHS IN A HOSPITAL; THE NUMBER OF BIRTHING PEOPLE  WHO  ELECT
 TO  HAVE  MIDWIVES  ATTEND LABOR AND DELIVERY IN HOSPITALS IN THE STATE;
 THE FREQUENCY OF MIDWIFERY CARE DURING LABOR  IN  HOSPITALS  ACROSS  THE
 STATE  AND WHAT IMPACT, IF ANY, THIS HAS ON THE RATE OF CESAREAN BIRTHS;
 AND THE NUMBER OF BIRTHING PEOPLE WHO WERE INFORMED BY THEIR HEALTH CARE
 PROVIDER ABOUT THE POTENTIAL RISKS, BENEFITS, AND  ALTERNATIVES  RELATED
 TO CESAREAN BIRTHS BEFORE LABOR.
   (d) The members of the council shall be comprised of multidisciplinary
 experts INCLUDING TWO LICENSED MIDWIVES and lay persons knowledgeable in
 the  field  of  maternal mortality, women's health and public health and
 shall include members who serve and are representative  of  the  racial,
 ethnic,  and  socioeconomic  diversity  of  the women and mothers of the
 state, and to the extent possible, the medically  underserved  areas  of
 the state or areas of the state with disproportionately high occurrences
 of maternal mortality or morbidity.
   § 4. This act shall take effect immediately.