Bill Text: NY A02770 | 2019-2020 | General Assembly | Amended


Bill Title: Enacts the Jonah Bichotte Cowan Law; relates to pre-term labor care and directs the commissioner of health to require hospitals to provide pre-term labor patients with information regarding the potential health effects of pre-term labor and pre-term delivery on an expectant mother and on her fetus.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2020-12-22 - approval memo.52 [A02770 Detail]

Download: New_York-2019-A02770-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2770--C

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2019
                                       ___________

        Introduced  by  M. of A. BICHOTTE, SOLAGES, JEAN-PIERRE, BARRON, WALKER,
          THIELE -- read once and referred to the Committee on Health -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted  to said committee -- 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-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law, in relation to enacting the Jonah
          Bichotte  Cowan  law relating to pre-term labor care and directing the
          commissioner of health to require hospitals to provide pre-term  labor
          patients  with  information  regarding the potential health effects of
          pre-term labor and pre-term delivery on an expectant mother and on her
          fetus

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Jonah Bichotte Cowan law".
     3    § 2. The public health law is amended by adding a new  section  2509-b
     4  to read as follows:
     5    §  2509-b.   Pre-term labor care. 1. When an expectant mother presents
     6  at a general hospital with concerns about being in pre-term  labor,  the
     7  general hospital shall:
     8    (a) determine whether the expectant mother is in pre-term labor;
     9    (b)  upon  making  a  diagnosis of pre-term labor, admit the expectant
    10  mother to the general hospital or treat her in the  emergency  room  for
    11  close observation and continuous monitoring until it is deemed medically
    12  safe  for  discharge  from the general hospital or stabilize and arrange
    13  for an appropriate transfer of such expectant mother to another  general
    14  hospital; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00398-07-0

        A. 2770--C                          2

     1    (c)  provide the expectant mother with information concerning pre-term
     2  labor and the potential health effects of pre-term labor  and  premature
     3  birth  delivery  on  the  mother and on her fetus as required by section
     4  twenty-eight hundred three-j of this chapter.
     5    2.  As used in this section, "general hospital" means a general hospi-
     6  tal as defined in section twenty-eight hundred one of this chapter.
     7    § 3. Subdivisions 1 and 1-a of section 2803-j  of  the  public  health
     8  law,  subdivision  1  as  amended  by chapter 66 of the laws of 2020 and
     9  subdivision 1-a as added by chapter 56 of the laws of 1996, are  amended
    10  and a new subdivision 1-f is added to read as follows:
    11    1. The commissioner shall require that every hospital and birth center
    12  shall  prepare in printed or photocopied form and distribute at the time
    13  of pre-booking directly to each prospective maternity patient and,  upon
    14  request,  to  the general public an informational leaflet.  Such leaflet
    15  shall also be distributed to any expectant mother who  presents  at  the
    16  hospital during pregnancy. Such leaflet shall be designed by the commis-
    17  sioner  and  shall contain brief definitions of maternity related proce-
    18  dures and practices as specified in subdivision two of this section  and
    19  such other material as deemed appropriate by the commissioner. Hospitals
    20  and  birth  centers  may also elect to distribute additional explanatory
    21  material along with the maternity patients  informational  leaflet.  The
    22  commissioner  shall make the information contained in the leaflet avail-
    23  able on the department's website.
    24    1-a. The informational leaflet shall also include:
    25    (a) an explanation of the special  provisions  relating  to  maternity
    26  care  and  coverage  under  the  insurance law and section [two thousand
    27  eight] twenty-eight hundred  three-n  of  this  [chapter]  article,  and
    28  suggest  that  expectant  parents check their insurance policies for the
    29  details of their maternity coverage; and
    30    (b) a statement that the medical assistance program provides  coverage
    31  for  all  income-eligible  pregnant  women  and children residing in the
    32  state regardless of immigration status.
    33    1-f. The informational leaflet shall also include information relating
    34  to pre-term labor and premature birth,  including  but  not  limited  to
    35  definitions  and information on the risks that pre-term labor and prema-
    36  ture birth pose to the expectant mother and fetus.
    37    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    38  have become a law.  Effective immediately the addition, amendment and/or
    39  repeal  of  any  rule  or regulation necessary for the implementation of
    40  this act on its effective date are authorized to be made  and  completed
    41  on or before such date.
feedback