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S03010 Summary:

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S03010 Committee Votes:

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S03010 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3010--A
            Cal. No. 707
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 27, 2021
                                       ___________
 
        Introduced  by  Sens.  RAMOS, BIAGGI, CLEARE, KRUEGER, MANNION, MYRIE --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on Health -- recommitted to the Committee on Health in
          accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, passed by Senate and delivered  to  the  Assembly,  recalled,
          vote  reconsidered,  restored  to  third  reading, amended and ordered
          reprinted, retaining its place in 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 professional  education  courses
     8  for eligible physicians and licensed midwives as provided in subdivision
     9  four  of  this section that covers risk management strategies in obstet-
    10  rics and midwifery as described in subdivision two of this section. Such
    11  risk management strategies courses shall be subject to such standards as
    12  the commissioner may prescribe by regulation. In prescribing such  regu-
    13  lations,  the  commissioner  may  consult  with the American Congress of
    14  Obstetricians and Gynecologists, New York State Association of  Licensed
    15  Midwives  and  other health care organizations. An eligible physician or
    16  licensed midwife who successfully completes such risk management strate-
    17  gies course pursuant to this section shall  receive  continuing  medical
    18  education credit and a certificate of completion.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06666-03-2
        S. 3010--A                          2
 
     1    2.   Courses on risk management strategies during the prenatal through
     2  intrapartum and postpartum periods shall promote evidence-based clinical
     3  guidelines and patient safety protocols  from  both  the  midwifery  and
     4  obstetrical  perspectives. Options for courses should be appropriate for
     5  the  respective  profession  and  may  include information and education
     6  addressing risks associated with the practice of obstetrics and  midwif-
     7  ery.  Course  options  may  include issues such as: methods to eliminate
     8  non-medically indicated (elective) deliveries prior to thirty-nine weeks
     9  gestation including the neonatal impact of late preterm births;  vaginal
    10  births  after cesarean births and the applicability to a trial of labor;
    11  reductions in cesarean births; monitoring of fetal  well-being;  manage-
    12  ment  of  pain  in  labor;  management of maternal hemorrhage, including
    13  placenta accreta, hypertension in pregnancy, including pre-eclampsia and
    14  eclampsia, vaginal breech and prevention of shoulder dystocia; and other
    15  evidence-based guideline determined issues that  improve  the  care  and
    16  outcomes of women.
    17    3.  Attendance  at any course approved by the commissioner pursuant to
    18  this section may be in person or through distance learning methods which
    19  evince that all participants are in attendance for the duration  of  the
    20  course and able to ask questions of the instructor.
    21    4.  Physicians  who  are  board certified or are active candidates for
    22  board certification in obstetrics and physicians who are board certified
    23  or are eligible for board certification in family practice  and  provide
    24  obstetric services and midwives who are licensed in the state are eligi-
    25  ble for a risk management strategies course.
    26    5.  The  commissioner  is  authorized to prescribe any rules and regu-
    27  lations necessary to implement this section. In prescribing  such  rules
    28  and  regulations,  the  commissioner  shall consider the rules and regu-
    29  lations promulgated by the superintendent of financial services pursuant
    30  to subsection (e) of section two thousand three hundred  forty-three  of
    31  the  insurance  law and may consult with the superintendent of financial
    32  services.
    33    § 2. Subsection (e) of section 2343 of the insurance law, as added  by
    34  chapter  642 of the laws of 1990, is amended and a new subsection (f) is
    35  added to read as follows:
    36    (e) The superintendent may approve an actuarially appropriate  premium
    37  reduction  for an insured physician or licensed midwife who successfully
    38  completes a risk management course or a course authorized by the commis-
    39  sioner of health under section two thousand five hundred  six-a  of  the
    40  public  health law, which must be approved by the superintendent subject
    41  to such standards as the superintendent may prescribe by regulation.  In
    42  prescribing  such  regulation  the  superintendent  may consult with the
    43  commissioner of health.
    44    (f)  An  insured  physician  or  licensed  midwife  who   successfully
    45  completes  a  course  authorized  by  the  commissioner  of health under
    46  section two thousand five hundred six-a of the public health  law  shall
    47  not,  during  the  period  set forth in the superintendent's regulations
    48  prescribing standards for the premium reduction, also  be  eligible  for
    49  additional  premium  reduction  for  an  insured  physician  or licensed
    50  midwife's medical malpractice insurance policy for successful completion
    51  of a risk management course approved by the  superintendent  under  part
    52  152 of title 11 of the New York code of rules and regulations.
    53    §  3. This act shall take effect one year after it shall have become a
    54  law and shall apply to all  insurance  policies  and  contracts  issued,
    55  renewed,  modified  or  altered  on  and  after such effective date. The
    56  commissioner of health and the superintendent of financial services  are
        S. 3010--A                          3
 
     1  authorized  and  directed to adopt, amend, suspend or repeal regulations
     2  and take other actions necessary for  the  implementation  of  this  act
     3  prior  to  such  effective  date; provided, however, that such adoption,
     4  amendment,  suspension  or  repeal  of  regulations shall not have legal
     5  effect until this act takes effect.