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A03241 Summary:

A03241 Actions:

A03241 Committee Votes:

Committee:INSURANCE   Chair:Weprin      
DATE:04/26/2023AYE/NAY:24/0  Action: Favorable         
Weprin
Aye
Blankenbush
Aye
Cook
Aye
Hawley
Aye
Pretlow
Aye
Palmesano
Aye
Lavine
Aye
Gandolfo
Aye
Steck
Aye
Curran
Aye
Dilan
Aye
Jensen
Aye
Hunter
Aye
Blumencranz
Aye
Rosenthal
Aye
Bendett
Aye
Stern
Aye
Jacobson
Aye
Meeks
Aye
Forrest
Aye
Anderson
Aye
Cruz
Aye
Bores
Aye
Lunsford
Aye

A03241 Floor Votes:

A03241 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3241--A
                                                                 Cal. No. 90
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by  M.  of  A. PAULIN, GUNTHER, L. ROSENTHAL, WOERNER, FAHY,
          TAYLOR,  CARROLL,  JACOBSON,  SIMON,   SEAWRIGHT,   SAYEGH,   BURDICK,
          JEAN-PIERRE,     GONZALEZ-ROJAS,     FORREST,    WEPRIN,    LEVENBERG,
          BICHOTTE HERMELYN -- Multi-Sponsored by -- M. of A. LUPARDO, McDONOUGH
          -- read once and referred to the Committee on Insurance -- ordered  to
          a third reading, amended and ordered reprinted, retaining its place on
          the order of third reading
 
        AN ACT to amend the public health law and the insurance law, in relation
          to  premium  reduction for obstetric practitioners who complete a risk
          management strategies course
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  2506-a to read as follows:
     3    § 2506-a. Risk  management  strategies  in  obstetrics  and  midwifery
     4  courses.  1.  In  order to improve patient safety, birth outcomes and to
     5  promote informed consultation by  patients  with  their  physicians  and
     6  licensed midwives during the prenatal through intrapartum and postpartum
     7  periods,  the commissioner shall approve courses for eligible physicians
     8  and licensed midwives as provided in subdivision four  of  this  section
     9  that  covers  risk  management strategies in obstetrics and midwifery as
    10  described in subdivision two of this section. Such risk management stra-
    11  tegies courses shall be subject to such standards  as  the  commissioner
    12  may  prescribe  by  regulation.  In  prescribing  such  regulations, the
    13  commissioner may consult with the American Congress of Obstetricians and
    14  Gynecologists, New York State Association of Licensed Midwives and other
    15  health care organizations.
    16    2. Courses on risk management strategies during the  prenatal  through
    17  intrapartum and postpartum periods shall promote evidence-based clinical
    18  guidelines  and  patient  safety  protocols  from both the midwifery and
    19  obstetrical perspectives. Options for courses should be appropriate  for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06621-04-4
        A. 3241--A                          2
 
     1  the  respective  profession  and  may include issues such as: methods to
     2  eliminate non-medically indicated (elective) deliveries prior  to  thir-
     3  ty-nine  weeks  gestation  including the neonatal impact of late preterm
     4  births;  vaginal births after cesarean births and the applicability to a
     5  trial of labor; reductions in cesarean births; monitoring of fetal well-
     6  being; management of pain in labor; management of  maternal  hemorrhage,
     7  including placenta accreta, hypertension in pregnancy, including pre-ec-
     8  lampsia  and eclampsia, vaginal breech and prevention of shoulder dysto-
     9  cia; and other evidence-based guideline determined issues  that  improve
    10  the care and outcomes of women.
    11    3.  Attendance  at any course approved by the commissioner pursuant to
    12  this section may be in person or through distance learning methods which
    13  evince that all participants are in attendance for the duration  of  the
    14  course and able to ask questions of the instructor.
    15    4.  Physicians  who  are  board certified or are active candidates for
    16  board certification in obstetrics and physicians who are board certified
    17  or are eligible for board certification in family practice  and  provide
    18  obstetric services and midwives who are licensed in the state are eligi-
    19  ble for a risk management strategies course.
    20    5.  The  commissioner  is  authorized to prescribe any rules and regu-
    21  lations necessary to implement this section. In prescribing  such  rules
    22  and  regulations,  the  commissioner  shall consider the rules and regu-
    23  lations promulgated by the superintendent of financial services pursuant
    24  to subsection (e) of section two thousand three hundred  forty-three  of
    25  the  insurance  law and may consult with the superintendent of financial
    26  services.
    27    § 2. Subsection (e) of section 2343 of the insurance law, as added  by
    28  chapter  642 of the laws of 1990, is amended and a new subsection (f) is
    29  added to read as follows:
    30    (e) The superintendent may approve an actuarially appropriate  premium
    31  reduction  for an insured physician or licensed midwife who successfully
    32  completes a risk management course or a course authorized by the commis-
    33  sioner of health under section two thousand five hundred  six-a  of  the
    34  public  health law, which must be approved by the superintendent subject
    35  to such standards as the superintendent may prescribe by regulation.  In
    36  prescribing  such  regulation  the  superintendent  may consult with the
    37  commissioner of health.
    38    (f)  An  insured  physician  or  licensed  midwife  who   successfully
    39  completes  a  course  authorized  by  the  commissioner  of health under
    40  section two thousand five hundred six-a of the public health  law  shall
    41  not,  during  the  period  set forth in the superintendent's regulations
    42  prescribing standards for the premium reduction, also  be  eligible  for
    43  additional  premium  reduction  for  an  insured  physician  or licensed
    44  midwife's medical malpractice insurance policy for successful completion
    45  of a risk management course approved by the  superintendent  under  part
    46  152 of title 11 of the New York code of rules and regulations.
    47    §  3. This act shall take effect one year after it shall have become a
    48  law and shall apply to all  insurance  policies  and  contracts  issued,
    49  renewed,  modified  or  altered  on  and  after such effective date. The
    50  commissioner of health and the superintendent of financial services  are
    51  authorized  and  directed to adopt, amend, suspend or repeal regulations
    52  and take other actions necessary for  the  implementation  of  this  act
    53  prior  to  such  effective  date; provided, however, that such adoption,
    54  amendment, suspension or repeal of  regulations  shall  not  have  legal
    55  effect until this act takes effect.