Requires the department of health to convene a maternal health care and birthing standards workgroup to study, evaluate and make recommendations related to the development of maternal health care and birthing standards to ensure that patients receive the highest quality of care.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8207A Revised 1/22/24
SPONSOR: Clark TITLE OF BILL:
An act to require the department of health to convene a maternal health
care and birthing standards workgroup; and providing for the repeal of
such provisions upon the expiration thereof
PURPOSE:
The commissioner of health shall convene a workgroup of stakeholders,
including but not limited to hospitals, obstetricians, midwives, doulas,
maternal health care provider organizations; mental health care provider
organizations; and any additional stakeholders that the commissioner
deems necessary to study, evaluate and make recommendations related to
the development of maternal health care and birthing standards to ensure
that patients receive the highest quality of care. These recommendations
will cover a wide range of maternal health issues that need to be
addressed.
No later than one year after the effective date, the working group shall
submit their recommendations in writing. Upon receipt of the workgroup's
report, the commissioner shall publish such recommendations on the
department of health's website and update all relevant materials
provided to the public through the department's health care and wellness
education and outreach program to reflect these standards.
SUMMARY OF PROVISIONS:
Section 1: Directs the commissioner of the Department of Health to
convene a workgroup of stakeholders that includes, but is not limited
to, hospitals, obstetricians, midwives, doulas, maternal health care
provider organizations, mental health care provider organizations to
study, evaluate and make recommendations related to the development of
maternal health care and birthing standards to ensure patients receive
the highest quality care.
Section 2: Provides the effective date.
JUSTIFICATION:
The rate of maternal mortality in the United States is approximately
23.5 deaths per 100,000 live births, the worst rate of any country. New
York ranks 22nd for highest maternal mortality rate nationwide. From
2018-2020, the NYS Department of Health reported a maternal mortality
rate of 19.3 per 100,000 live births. Additionally, long range studies
indicate increases in the rates of severe maternal morbidity, including
near death and unexpected life-threatening outcomes. Rates of Severe
Maternal Morbidity increase exponentially for birthing people of color
and those living in rural communities.
This legislation to direct the Commissioner to convene a workgroup of
stakeholders to holistically review maternal health and birthing stand-
ards is necessary to ensure appropriate consideration is given to
address these disturbing trends. The NYS Taskforce on Maternal Mortality
and Disparate Racial Outcomes released a 2019 report detailing a series
of listening sessions conducted in various regions across the state by
the NYS Department of Health Commissioner, in partnership with the
Maternal and Infant Community Health Collaborative (MICHC). Patient
participants identified six themes as primary drivers for disparate
pregnancy outcomes, including lack of accessible care, relationships
with healthcare providers, racism and discrimination, lack of informa-
tion and education, feelings of disrespect, and lack of social support.
Participants cited a need to better understand their rights and care
options to allow them to better participate in their care decisions with
providers and institutions, specifically in the context of medical
procedures that were "described as being pushed or forced on them",
procedures they did not feel were necessary, and the denial of their
ability to labor as they chose.
A recent Times Union article, Maternity wards continue to close across
New York, highlights the issues faced by patients seeking access to
quality maternal care, especially those in rural communities who must
travel long distances to access maternity wards for their child's birth.
The article aligns with research by the March of Dimes regarding growing
maternity deserts across rural portions of the country. According to the
2022 March of Dimes report, twenty (20) New York counties do not have a
hospital or offer obstetric or a birthing center. Given the distances
that maternity patients must travel and the growing issue of maternal
health deserts as maternity wards close, it is critical that New York
strengthen the rights of maternity patients to ensure that they receive
adequate and appropriate medical care.
The call to address patient participation in obstetric care is also
supported in the Biden Administration's June 2022 "Blueprint for
Addressing the Maternal Health Crisis" which drew attention to the
increased need for women to be supported as active participants in their
care throughout and after pregnancy, and is reflected in the MOMNIBUS
federal legislative package sponsored by the Congressional Black Mater-
nal Health Caucus. Governor Hochul recently announced new proposals to
address components of the Maternal and Infant Mortality Crisis including
access to care, maternal mental health, and the unnecessary use of
c-sections in the birthing process. The creation of this workgroup
complements the Governor's proposal and will ensure a comprehensive and
thoughtful review of maternal care to ensure birthing people in New York
are receiving the highest standards of care.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law and shall expire after two years.
STATE OF NEW YORK
________________________________________________________________________
8207--A
2023-2024 Regular Sessions
IN ASSEMBLY
October 27, 2023
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Health -- recommitted to the Committee on Health in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to require the department of health to convene a maternal health
care and birthing standards workgroup; and providing for the repeal of
such provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Maternal health care and birthing standards workgroup. a.
2 The commissioner of health shall convene a workgroup of stakeholders,
3 including but not limited to hospitals, obstetricians, midwives, doulas,
4 maternal health care provider organizations; mental health care provider
5 organizations; and any additional stakeholders that the commissioner
6 deems necessary to study, evaluate and make recommendations related to
7 the development of maternal health care and birthing standards to ensure
8 that patients receive the highest quality of care. These recommendations
9 shall include, but not be limited to, standards that ensure every
10 patient receives:
11 (i) fair, courteous and respectful culturally competent care free of
12 discrimination;
13 (ii) accurate and judgment-free advice and recommendations that allow
14 for informed decision making and consent regarding care and treatment,
15 including risks, benefits, outcomes and alternative procedures;
16 (iii) clear, concise and easily understood information about their
17 care and treatment outcomes, medical team and birthing options, the
18 policies and procedures of the hospital or birthing center, and
19 resources available to them;
20 (iv) an opportunity to discuss their birthing preferences with their
21 care team and have such preferences documented; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11862-03-4
A. 8207--A 2
1 (v) adequate support during their pregnancy, labor and childbirth,
2 including access to doula and mental health services.
3 b. No later than one year after the effective date of this act, the
4 workgroup shall submit their recommendations in the form of a written
5 report to the commissioner, the speaker of the assembly, the temporary
6 president of the senate, the minority leader of the assembly and the
7 minority leader of the senate.
8 c. Upon receipt of the workgroup's report, the commissioner shall
9 publish such recommendations on the department of health's website and
10 update all relevant materials provided to the public through the depart-
11 ment's health care and wellness education and outreach program to
12 reflect these standards.
13 § 2. This act shall take effect on the ninetieth day after it shall
14 have become a law and shall expire 2 years after such effective date
15 when upon such date the provisions of this act shall be deemed repealed.
