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A08392 Summary:

COSPNSRGunther, Rosenthal L, Gottfried, Englebright, Woerner, Fahy, Rodriguez, Barron, Taylor, Carroll, Jacobson, Griffin, Simon, Seawright, Ashby, Sayegh, Burdick, Jean-Pierre, McDonald, Gonzalez-Rojas, Forrest
MLTSPNSRGalef, Lupardo, McDonough, Perry
Add §2506-a, Pub Health L; amd §2343, Ins L
Provides for a premium reduction for physicians and licensed midwives who complete a risk management strategies course in obstetrics or midwifery.
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A08392 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    October 20, 2021
        Introduced  by M. of A. PAULIN, GUNTHER, L. ROSENTHAL, GOTTFRIED, ENGLE-
          SEAWRIGHT,  ASHBY,  SAYEGH, BURDICK, JEAN-PIERRE -- Multi-Sponsored by
          -- M. of A. GALEF, LUPARDO, McDONOUGH -- read once and referred to the
          Committee on Health -- recommitted  to  the  Committee  on  Health  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
        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.

        A. 8392--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

        A. 8392--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.
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