Bill Text: NY A05448 | 2023-2024 | General Assembly | Amended
Bill Title: Directs the commissioner of health to establish at least 4 maternal-infant care centers in areas of need for infants suffering from drug withdrawal as a result of in utero exposure.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2023-12-22 - tabled [A05448 Detail]
Download: New_York-2023-A05448-Amended.html
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. LBD01798-03-3A. 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.
