Directs the commissioner of health to establish at least 4 maternal-infant care centers in areas of need for infants suffering from drug withdrawal as a result of in utero exposure.
STATE OF NEW YORK
________________________________________________________________________
5448--A
2023-2024 Regular Sessions
IN ASSEMBLY
March 10, 2023
___________
Introduced by M. of A. GUNTHER, JEAN-PIERRE -- read once and referred to
the Committee on Health -- reported and referred to the Committee on
Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, the social services law and the
family court act, in relation to establishing the maternal-infant care
centers pilot program; and providing for the repeal of such provisions
upon expiration thereof
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 2509-d to read as follows:
3 § 2509-d. Maternal-infant care centers pilot program. There shall be
4 established a maternal-infant care centers pilot program whereby the
5 commissioner, in consultation with the commissioner of addiction
6 services and supports, shall certify or designate at least four mater-
7 nal-infant care centers in areas of need in the state. Such centers
8 shall provide cost effective, necessary services and enhance the quality
9 of care for targeted populations in order to demonstrate the effective-
10 ness of such program. Eligible infants shall be under one year of age
11 and be experiencing withdrawal resulting from in utero exposure due to
12 substance use disorder. Such infant withdrawal may be the result of
13 conditions including, but not limited to, neonatal abstinence syndrome
14 or neonatal opioid withdrawal syndrome. The program shall provide more
15 appropriate settings and cost effective care for these infants than
16 hospitals, while also providing supports and services to parents prepar-
17 ing to bring their infants home. Access to such supports shall continue
18 for a period after the infant has left a center. The program shall
19 implement evidence-based clinically appropriate practices shown to
20 reduce the length of stay when compared to standard neonatal intensive
21 care unit care, and support family unification when appropriate for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01798-03-3
A. 5448--A 2
1 family receiving services. The evidence-based practices shall include,
2 but not be limited to, rooming-in, encouraging breastfeeding, providing
3 trauma-informed care to the parent-infant dyad, and evaluating the
4 social determinants of health. Neither a diagnosis of neonatal absti-
5 nence syndrome or neonatal opioid withdrawal syndrome, nor admission to
6 a maternal-infant care center, shall by itself constitute evidence of
7 child abuse or maltreatment, or, by itself, justify a report to the
8 state central register of child abuse and maltreatment.
9 The department shall be responsible for monitoring the quality, appro-
10 priateness and effectiveness of the centers and shall report to the
11 legislature within one year of the establishment of the maternal-infant
12 care centers and again within two years of the effective date of this
13 section on the program's effectiveness.
14 § 2. Section 420 of the social services law is amended by adding a new
15 subdivision 3 to read as follows:
16 3. No penalties for failure to report, either criminal or civil,
17 shall apply to individuals who are mandated reporters pursuant to
18 section four hundred thirteen of this title and who do not report
19 suspected abuse or maltreatment based only upon a diagnosis of neonatal
20 abstinence syndrome or neonatal opioid withdrawal syndrome, or admission
21 to a maternal-infant care center established pursuant to section twen-
22 ty-five hundred nine-d of the public health law, in the absence of any
23 other grounds to suspect abuse or maltreatment.
24 § 3. Subparagraph (B) of paragraph (i) of subdivision (f) of section
25 1012 of the family court act, as amended by chapter 984 of the laws of
26 1981, is amended to read as follows:
27 (B) in providing the child with proper supervision or guardianship, by
28 unreasonably inflicting or allowing to be inflicted harm, or a substan-
29 tial risk thereof, including the infliction of excessive corporal
30 punishment; or by misusing a drug or drugs; or by misusing alcoholic
31 beverages to the extent that he loses self-control of his actions; or by
32 any other acts of a similarly serious nature requiring the aid of the
33 court; provided, however, that where the respondent is voluntarily and
34 regularly participating in a rehabilitative program, including but not
35 limited to a program offered at a maternal-infant care center estab-
36 lished pursuant to section twenty-five hundred nine-d of the public
37 health law, evidence that the respondent has repeatedly misused a drug
38 or drugs or alcoholic beverages to the extent that he loses self-control
39 of his actions shall not establish that the child is a neglected child
40 in the absence of evidence establishing that the child's physical,
41 mental or emotional condition has been impaired or is in imminent danger
42 of becoming impaired as set forth in paragraph (i) of this subdivision;
43 or
44 § 4. This act shall take effect on the one hundred eightieth day after
45 it shall have become a law, and shall expire and be deemed repealed 4
46 years after such date. Effective immediately, the addition, amendment
47 and/or repeal of any rule or regulation necessary for the implementation
48 of this act on its effective date are authorized and directed to be made
49 and completed on or before such effective date.
