New York State Assembly

 
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A05448 Summary:

A05448 Actions:

A05448 Committee Votes:

Committee:HEALTH   Chair:Paulin      
DATE:05/09/2023AYE/NAY:25/0  Action: Favorable refer to committee Ways and Means        
Paulin
Aye
Jensen
Aye
Dinowitz
Aye
Byrnes
Aye
Gunther
Aye
Gandolfo
Aye
Rosenthal L 
Aye
Mikulin
Aye
Hevesi
Aye
Blumencranz
Aye
Steck
Aye
Bendett
Aye
Braunstein
Aye
Gray
Aye
Solages
Aye
McGowan
Aye
Bichotte Hermel
Aye
Sayegh
Aye
Rosenthal D 
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Aye
Rajkumar
Aye
Forrest
Aye
Kelles
Aye
Lucas
Absent

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/05/2023AYE/NAY:31/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Excused
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Excused
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Excused
Walker
Excused
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/05/2023AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Excused
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Excused
Rozic
Aye
Bronson
Aye

A05448 Floor Votes:

A05448 Text:

 
                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.