Amd §2500-k, Pub Health L; amd §§3216, 3221, 4303 & 3217-g, Ins L
Requires maternal health care providers facilitate a screening for maternal depression, unless refused by the birth mother, within the first six weeks of birth and that such screening be covered by insurance.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9579A
SPONSOR: Zaccaro TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Requires maternal health care providers facilitate a screening for
maternal depression within the first six weeks of birth
SUMMARY OF PROVISIONS:
Section 1: § 2500-k of the public health law is amended to require to a
maternal health care provider to facilitate a screening for maternal
depression within the first six weeks of birth.
Section 2: § 3216 of the insurance law is amended include maternal
depression screenings within the minimum maternity care coverage.
Section 3: § 3321 of the insurance law is amended include maternal
depression screenings within the minimum maternity care coverage.
Section 4: § 4303 of the insurance law is amended include maternal
depression screenings within the minimum maternity care coverage.
Section 5: § 3217-g of the insurance law is amended to prohibit an
insurer from limiting a patient's direct access to screening and refer-
ral for maternal depression.
Section 6. Effective date
JUSTIFICATION:
Following the birth of a child is a time of celebration for parents as
they welcome their newborn into the world. However, for many mothers,
this postpartum period may not be a joyous time to nurture their child
but is instead a time where they exhibit signs of depression. This is
not uncommon. The Centers for Disease Control and Prevention reported in
2018 that their research indicates that 1 in 8 women with a recent live
birth experience symptoms of postpartum depression. In 2022 researchers
from the University of Virginia School of Medicine, Johns Hopkins
University and Flo Health conducted a study by surveying 1.1 million
mothers worldwide related to risk factors for postpartum depression.
The results indicated that women 18 to 24 years old were among the high-
est percentage of women, 10% of those surveyed, who self-reported post-
partum depression symptoms. Additional data showed that 6.5% of women
35-39 self-reported postpartum depression symptoms and that across all
age groups, "postpartum depression was significantly lower among women
who has previously had children compared with first-time moms."
New York's commitment to ensure parents foster lasting familial bonds
with their newborn in the beginning days and weeks of their life is
unwavering, as is New York's obligation to aid mothers struggling with
postpartum depression so they receive help from qualified maternal
healthcare providers.
This bill would require a maternal healthcare provider to facilitate a
screening for maternal depression within the first six weeks of birth.
The birth mother is not required to be screened. The maternal healthcare
provider would then record the refusal and would not face any profes-
sional misconduct accusations as a result of the birth mother's refusal
to be screened, nor would the birth mother be penalized. Finally, it
ensures that maternal depression screenings are included as part of
minimum maternity care coverage.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect one year after it shall become law.
STATE OF NEW YORK
________________________________________________________________________
9579--A
IN ASSEMBLY
March 20, 2024
___________
Introduced by M. of A. ZACCARO, SLATER -- read once and referred to the
Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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:
1 Section 1. Subdivisions 3 and 4 of section 2500-k of the public health
2 law, subdivision 4 as renumbered by chapter 463 of the laws of 2017, are
3 renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
4 as follows:
5 3. Maternal depression screenings. (a) A maternal health care provider
6 shall facilitate a screening for maternal depression within the first
7 six weeks of birth.
8 (b)(i) If such birth mother declines to be screened for depression
9 within the first six weeks of having given birth, the maternal health
10 care provider shall record in such birth mother's medical records that
11 such birth mother was not screened for depression based upon the refusal
12 by such birth mother. Such refusal shall not be the basis for any
13 action taken against a birth mother or any denial of care or services.
14 (ii) The record of a birth mother's refusal of a maternal depression
15 screening shall relieve such maternal health care provider of liability
16 under section six thousand five hundred thirty of the education law.
17 § 2. Item (ii) of subparagraph (A) of paragraph 10 of subsection (i)
18 of section 3216 of the insurance law, as added by chapter 56 of the laws
19 of 1996, is amended to read as follows:
20 (ii) Maternity care coverage shall also include, at minimum, parent
21 education, assistance and training in breast or bottle feeding, maternal
22 depression screenings in accordance with subdivision three of section
23 two thousand five hundred-k of the public health law, and the perform-
24 ance of any necessary maternal and newborn clinical assessments.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14123-02-4
A. 9579--A 2
1 § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (k) of
2 section 3221 of the insurance law, as added by chapter 56 of the laws of
3 1996, is amended to read as follows:
4 (ii) Maternity care coverage shall also include, at minimum, parent
5 education, assistance and training in breast or bottle feeding, maternal
6 depression screenings in accordance with subdivision three of section
7 two thousand five hundred-k of the public health law, and the perform-
8 ance of any necessary maternal and newborn clinical assessments.
9 § 4. Subparagraph (B) of paragraph 1 of subsection (c) of section 4303
10 of the insurance law, as amended by chapter 661 of the laws of 1997, is
11 amended to read as follows:
12 (B) Maternity care coverage also shall include, at minimum, parent
13 education, assistance and training in breast or bottle feeding, maternal
14 depression screenings in accordance with subdivision three of section
15 two thousand five hundred-k of the public health law, and the perform-
16 ance of any necessary maternal and newborn clinical assessments.
17 § 5. Section 3217-g of the insurance law, as added by chapter 199 of
18 the laws of 2014, is amended to read as follows:
19 § 3217-g. Maternal depression screenings. [To the extent a policy
20 provides coverage for maternal depression screening, no] No insurer
21 subject to this article shall by contract, written policy or procedure
22 limit a patient insured's direct access to screening and referral for
23 maternal depression, as defined in subdivision one of section twenty-
24 five hundred-k of the public health law, from a provider of obstetrical,
25 gynecologic, or pediatric services of her choice; provided that the
26 patient insured's access to such services, coverage and choice of
27 provider is otherwise subject to the terms and conditions of the policy
28 under which the patient insured is covered.
29 § 6. This act shall take effect one year after it shall have become a
30 law and shall apply to policies or contracts issued, renewed, modified,
31 altered, or amended on or after such date. Effective immediately, the
32 addition, amendment and/or repeal of any rule or regulation necessary
33 for the implementation of this act on its effective date are authorized
34 to be made and completed on or before such date.
