Bill Text: NY A08392 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 24-2)

Status: (Introduced - Dead) 2022-05-23 - substituted by s3010a [A08392 Detail]

Download: New_York-2021-A08392-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8392

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced  by M. of A. PAULIN, GUNTHER, L. ROSENTHAL, GOTTFRIED, ENGLE-
          BRIGHT, WOERNER, FAHY, RODRIGUEZ, BARRON, TAYLOR,  CARROLL,  JACOBSON,
          GRIFFIN,  SIMON,  SEAWRIGHT,  ASHBY  -- Multi-Sponsored by -- M. of A.
          GALEF, LUPARDO, McDONOUGH, PERRY -- read  once  and  referred  to  the
          Committee on Health

        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.
    19    2.  Courses on risk management strategies during the prenatal  through
    20  intrapartum and postpartum periods shall promote evidence-based clinical
    21  guidelines  and  patient  safety  protocols  from both the midwifery and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06666-01-1
        A. 8392                             2

     1  obstetrical perspectives. Options for courses should be appropriate  for
     2  the  respective  profession  and  may  include information and education
     3  addressing risks associated with the practice of obstetrics and  midwif-
     4  ery.  Course  options  may  include issues such as: methods to eliminate
     5  non-medically indicated (elective) deliveries prior to thirty-nine weeks
     6  gestation including the neonatal impact of late preterm births;  vaginal
     7  births  after cesarean births and the applicability to a trial of labor;
     8  reductions in cesarean births; monitoring of fetal  well-being;  manage-
     9  ment  of  pain  in  labor;  management of maternal hemorrhage, including
    10  placenta accreta, hypertension in pregnancy, including pre-eclampsia and
    11  eclampsia, vaginal breech and prevention of shoulder dystocia; and other
    12  evidence-based guideline determined issues that  improve  the  care  and
    13  outcomes of women.
    14    3.  Attendance  at any course approved by the commissioner pursuant to
    15  this section may be in person or through distance learning methods which
    16  evince that all participants are in attendance for the duration  of  the
    17  course and able to ask questions of the instructor.
    18    4.  Physicians  who  are  board certified or are active candidates for
    19  board certification in obstetrics and physicians who are board certified
    20  or are eligible for board certification in family practice  and  provide
    21  obstetric services and midwives who are licensed in the state are eligi-
    22  ble for a risk management strategies course.
    23    5.  The  commissioner  is  authorized to prescribe any rules and regu-
    24  lations necessary to implement this section. In prescribing  such  rules
    25  and  regulations,  the  commissioner  shall consider the rules and regu-
    26  lations promulgated by the superintendent of financial services pursuant
    27  to subsection (e) of section two thousand three hundred  forty-three  of
    28  the  insurance  law and may consult with the superintendent of financial
    29  services.
    30    § 2. Subsection (e) of section 2343 of the insurance law, as added  by
    31  chapter 642 of the laws of 1990, is amended to read as follows:
    32    (e)  The superintendent may approve an actuarially appropriate premium
    33  reduction for an insured physician or licensed midwife who  successfully
    34  completes a risk management course or a course authorized by the commis-
    35  sioner  of  health  under section two thousand five hundred six-a of the
    36  public health law, which must be approved by the superintendent  subject
    37  to  such standards as the superintendent may prescribe by regulation. In
    38  prescribing such regulation the  superintendent  may  consult  with  the
    39  commissioner of health.
    40    §  3. This act shall take effect one year after it shall have become a
    41  law and shall apply to all  insurance  policies  and  contracts  issued,
    42  renewed,  modified  or  altered  on  and  after such effective date. The
    43  commissioner of health and the superintendent of financial services  are
    44  authorized  and  directed to adopt, amend, suspend or repeal regulations
    45  and take other actions necessary for  the  implementation  of  this  act
    46  prior  to  such  effective  date; provided, however, that such adoption,
    47  amendment, suspension or repeal of  regulations  shall  not  have  legal
    48  effect until this act takes effect.