Bill Text: NY A03241 | 2023-2024 | General Assembly | Amended
Bill Title: Provides for a premium reduction for physicians and licensed midwives who complete a risk management strategies course in obstetrics or midwifery.
Spectrum: Strong Partisan Bill (Democrat 19-1)
Status: (Engrossed) 2024-06-03 - REFERRED TO RULES [A03241 Detail]
Download: New_York-2023-A03241-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3241--A Cal. No. 90 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. PAULIN, GUNTHER, L. ROSENTHAL, WOERNER, FAHY, TAYLOR, CARROLL, JACOBSON, SIMON, SEAWRIGHT, SAYEGH, BURDICK, JEAN-PIERRE, GONZALEZ-ROJAS, FORREST, WEPRIN, LEVENBERG, BICHOTTE HERMELYN -- Multi-Sponsored by -- M. of A. LUPARDO, McDONOUGH -- read once and referred to the Committee on Insurance -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading 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 courses for eligible physicians 8 and licensed midwives as provided in subdivision four of this section 9 that covers risk management strategies in obstetrics and midwifery as 10 described in subdivision two of this section. Such risk management stra- 11 tegies courses shall be subject to such standards as the commissioner 12 may prescribe by regulation. In prescribing such regulations, the 13 commissioner may consult with the American Congress of Obstetricians and 14 Gynecologists, New York State Association of Licensed Midwives and other 15 health care organizations. 16 2. Courses on risk management strategies during the prenatal through 17 intrapartum and postpartum periods shall promote evidence-based clinical 18 guidelines and patient safety protocols from both the midwifery and 19 obstetrical perspectives. Options for courses should be appropriate for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06621-04-4A. 3241--A 2 1 the respective profession and may include issues such as: methods to 2 eliminate non-medically indicated (elective) deliveries prior to thir- 3 ty-nine weeks gestation including the neonatal impact of late preterm 4 births; vaginal births after cesarean births and the applicability to a 5 trial of labor; reductions in cesarean births; monitoring of fetal well- 6 being; management of pain in labor; management of maternal hemorrhage, 7 including placenta accreta, hypertension in pregnancy, including pre-ec- 8 lampsia and eclampsia, vaginal breech and prevention of shoulder dysto- 9 cia; and other evidence-based guideline determined issues that improve 10 the care and outcomes of women. 11 3. Attendance at any course approved by the commissioner pursuant to 12 this section may be in person or through distance learning methods which 13 evince that all participants are in attendance for the duration of the 14 course and able to ask questions of the instructor. 15 4. Physicians who are board certified or are active candidates for 16 board certification in obstetrics and physicians who are board certified 17 or are eligible for board certification in family practice and provide 18 obstetric services and midwives who are licensed in the state are eligi- 19 ble for a risk management strategies course. 20 5. The commissioner is authorized to prescribe any rules and regu- 21 lations necessary to implement this section. In prescribing such rules 22 and regulations, the commissioner shall consider the rules and regu- 23 lations promulgated by the superintendent of financial services pursuant 24 to subsection (e) of section two thousand three hundred forty-three of 25 the insurance law and may consult with the superintendent of financial 26 services. 27 § 2. Subsection (e) of section 2343 of the insurance law, as added by 28 chapter 642 of the laws of 1990, is amended and a new subsection (f) is 29 added to read as follows: 30 (e) The superintendent may approve an actuarially appropriate premium 31 reduction for an insured physician or licensed midwife who successfully 32 completes a risk management course or a course authorized by the commis- 33 sioner of health under section two thousand five hundred six-a of the 34 public health law, which must be approved by the superintendent subject 35 to such standards as the superintendent may prescribe by regulation. In 36 prescribing such regulation the superintendent may consult with the 37 commissioner of health. 38 (f) An insured physician or licensed midwife who successfully 39 completes a course authorized by the commissioner of health under 40 section two thousand five hundred six-a of the public health law shall 41 not, during the period set forth in the superintendent's regulations 42 prescribing standards for the premium reduction, also be eligible for 43 additional premium reduction for an insured physician or licensed 44 midwife's medical malpractice insurance policy for successful completion 45 of a risk management course approved by the superintendent under part 46 152 of title 11 of the New York code of rules and regulations. 47 § 3. This act shall take effect one year after it shall have become a 48 law and shall apply to all insurance policies and contracts issued, 49 renewed, modified or altered on and after such effective date. The 50 commissioner of health and the superintendent of financial services are 51 authorized and directed to adopt, amend, suspend or repeal regulations 52 and take other actions necessary for the implementation of this act 53 prior to such effective date; provided, however, that such adoption, 54 amendment, suspension or repeal of regulations shall not have legal 55 effect until this act takes effect.
