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S05517 Summary:

BILL NOS05517A
 
SAME ASSAME AS A02367-A
 
SPONSORBROUK
 
COSPNSRCLEARE, MYRIE, RAMOS, SALAZAR, SCARCELLA-SPANTON
 
MLTSPNSR
 
Amd §2509, Pub Health L
 
Requires the advisory council on maternal mortality and morbidity to undertake a review of the cesarean births at hospitals in the state; requires two licensed midwives to be on the advisory council.
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S05517 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5517--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      March 7, 2023
                                       ___________
 
        Introduced  by  Sens.  BROUK,  CLEARE,  RAMOS, SALAZAR -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Women's   Issues   --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public health law,  in  relation  to  requiring  the
          advisory  council  on  maternal mortality and morbidity to undertake a
          review of the cesarean births at hospitals in the state
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (a)  of  subdivision  1 of section 2509 of the
     2  public health law, as amended by chapter 142 of the  laws  of  2019,  is
     3  amended to read as follows:
     4    (a) There is hereby established in the department the maternal mortal-
     5  ity review board for the purpose of reviewing maternal deaths and mater-
     6  nal  morbidity  and  developing  and disseminating findings, recommenda-
     7  tions, and best practices to contribute to the  prevention  of  maternal
     8  mortality  and  morbidity.  The  board  shall assess the cause of death,
     9  including whether there was a vaginal or cesarean birth, factors leading
    10  to death and preventability for each maternal death reviewed and, in the
    11  discretion of the board, cases of severe maternal morbidity,  and  shall
    12  develop  and  disseminate  strategies  for reducing the risk of maternal
    13  mortality and morbidity, including risk resulting from racial, economic,
    14  or other disparities. The commissioner may  delegate  the  authority  to
    15  conduct maternal mortality reviews.
    16    §  2.  Paragraph  (a)  of  subdivision 5 of section 2509 of the public
    17  health law, as amended by chapter 142 of the laws of 2019, is amended to
    18  read as follows:
    19    (a) shall make and report findings and recommendations to the  commis-
    20  sioner,  and  in  the case of the city board to the commissioner and the
    21  city commissioner regarding the  cause  of  death,  factors  leading  to
    22  death, and preventability of each maternal death case, including whether

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04565-02-3

        S. 5517--A                          2
 
     1  there  was a vaginal or cesarean birth, and each case of severe maternal
     2  morbidity reviewed by the board, by reviewing relevant  information  for
     3  each  case in the state or the city of New York, as the case may be, and
     4  consulting  with  experts as needed to evaluate the information for each
     5  death; and shall provide such findings  and  recommendations,  including
     6  best  practices and strategies for reducing the risk of maternal mortal-
     7  ity and morbidity, to  the  advisory  council;  provided  that  material
     8  provided  to the advisory council shall not include any information that
     9  would be confidential under this section;
    10    § 3. Paragraphs (b) and (d) of subdivision 8 of section  2509  of  the
    11  public  health  law,  as amended by chapter 142 of the laws of 2019, are
    12  amended to read as follows:
    13    (b) The advisory council:
    14    (i) may review the findings of the boards;
    15    (ii) may develop recommendations  on  policies,  best  practices,  and
    16  strategies to prevent maternal mortality and morbidity;
    17    (iii) may hold public hearings on those matters;
    18    (iv)  may make findings and issue reports, including an annual report,
    19  on such matters; [and]
    20    (v) may request and shall receive the assistance of the  commissioner,
    21  the  city commissioner, and the boards in carrying out its functions[.];
    22  and
    23    (vi) shall undertake a review of cesarean births at hospitals  in  the
    24  state.  The  council shall issue a final report and make recommendations
    25  to reduce the rate of cesarean births in the state.  The  council  shall
    26  consider  factors  including, but not limited to: the primary and repeat
    27  cesarean birth rates among hospitals in the state; the hospitals in  the
    28  state  that allow or encourage vaginal births after cesarean births; the
    29  rate of vaginal births after cesarean  births  among  hospitals  in  the
    30  state;  the  rate  of  vaginal  births  after  cesarean births that were
    31  offered by hospitals in the state but declined by the  birthing  person;
    32  the rate of vaginal births after cesarean births that were attempted but
    33  failed  among hospitals in the state; the time of day unplanned cesarean
    34  births occur in hospitals, and whether such correlates with the rate  of
    35  cesarean  births  in a hospital; the number of birthing people who elect
    36  to have midwives attend labor and delivery in hospitals  in  the  state;
    37  the  frequency  of  midwifery  care during labor in hospitals across the
    38  state and what impact, if any, this has on the rate of cesarean  births;
    39  and the number of birthing people who were informed by their health care
    40  provider  about  the potential risks, benefits, and alternatives related
    41  to cesarean births before labor.
    42    (d) The members of the council shall be comprised of multidisciplinary
    43  experts including two licensed midwives and lay persons knowledgeable in
    44  the field of maternal mortality, women's health and  public  health  and
    45  shall  include  members  who serve and are representative of the racial,
    46  ethnic, and socioeconomic diversity of the  women  and  mothers  of  the
    47  state,  and  to  the extent possible, the medically underserved areas of
    48  the state or areas of the state with disproportionately high occurrences
    49  of maternal mortality or morbidity.
    50    § 4. This act shall take effect immediately.
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