Bill Text: NY A09579 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires maternal health care providers facilitate a screening for maternal depression, unless refused by the birth mother, within the first six weeks of birth and that such screening be covered by insurance.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-03-22 - print number 9579a [A09579 Detail]

Download: New_York-2023-A09579-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9579--A

                   IN ASSEMBLY

                                     March 20, 2024
                                       ___________

        Introduced  by M. of A. ZACCARO, SLATER -- read once and referred to the
          Committee on Health -- committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law and the insurance law, in relation
          to  requiring  maternal depression screenings and that such screenings
          are covered by insurance

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

     1    Section 1. Subdivisions 3 and 4 of section 2500-k of the public health
     2  law, subdivision 4 as renumbered by chapter 463 of the laws of 2017, are
     3  renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
     4  as follows:
     5    3. Maternal depression screenings. (a) A maternal health care provider
     6  shall  facilitate  a  screening for maternal depression within the first
     7  six weeks of birth.
     8    (b)(i) If such birth mother declines to  be  screened  for  depression
     9  within  the  first  six weeks of having given birth, the maternal health
    10  care provider shall record in such birth mother's medical  records  that
    11  such birth mother was not screened for depression based upon the refusal
    12  by  such  birth  mother.    Such  refusal shall not be the basis for any
    13  action taken against a birth mother or any denial of care or services.
    14    (ii) The record of a birth mother's refusal of a  maternal  depression
    15  screening  shall relieve such maternal health care provider of liability
    16  under section six thousand five hundred thirty of the education law.
    17    § 2. Item (ii) of subparagraph (A) of paragraph 10 of  subsection  (i)
    18  of section 3216 of the insurance law, as added by chapter 56 of the laws
    19  of 1996, is amended to read as follows:
    20    (ii)  Maternity  care  coverage shall also include, at minimum, parent
    21  education, assistance and training in breast or bottle feeding, maternal
    22  depression screenings in accordance with subdivision  three  of  section
    23  two  thousand  five hundred-k of the public health law, and the perform-
    24  ance of any necessary maternal and newborn clinical assessments.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14123-02-4
        A. 9579--A                          2

     1    § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (k) of
     2  section 3221 of the insurance law, as added by chapter 56 of the laws of
     3  1996, is amended to read as follows:
     4    (ii)  Maternity  care  coverage shall also include, at minimum, parent
     5  education, assistance and training in breast or bottle feeding, maternal
     6  depression screenings in accordance with subdivision  three  of  section
     7  two  thousand  five hundred-k of the public health law, and the perform-
     8  ance of any necessary maternal and newborn clinical assessments.
     9    § 4. Subparagraph (B) of paragraph 1 of subsection (c) of section 4303
    10  of the insurance law, as amended by chapter 661 of the laws of 1997,  is
    11  amended to read as follows:
    12    (B)  Maternity  care  coverage  also shall include, at minimum, parent
    13  education, assistance and training in breast or bottle feeding, maternal
    14  depression screenings in accordance with subdivision  three  of  section
    15  two  thousand  five hundred-k of the public health law, and the perform-
    16  ance of any necessary maternal and newborn clinical assessments.
    17    § 5. Section 3217-g of the insurance law, as added by chapter  199  of
    18  the laws of 2014, is amended to read as follows:
    19    §  3217-g.  Maternal  depression  screenings.  [To the extent a policy
    20  provides coverage for maternal  depression  screening,  no]  No  insurer
    21  subject  to  this article shall by contract, written policy or procedure
    22  limit a patient insured's direct access to screening  and  referral  for
    23  maternal  depression,  as  defined in subdivision one of section twenty-
    24  five hundred-k of the public health law, from a provider of obstetrical,
    25  gynecologic, or pediatric services of  her  choice;  provided  that  the
    26  patient  insured's  access  to  such  services,  coverage  and choice of
    27  provider is otherwise subject to the terms and conditions of the  policy
    28  under which the patient insured is covered.
    29    §  6. This act shall take effect one year after it shall have become a
    30  law and shall apply to policies or contracts issued, renewed,  modified,
    31  altered,  or  amended  on or after such date. Effective immediately, the
    32  addition, amendment and/or repeal of any rule  or  regulation  necessary
    33  for  the implementation of this act on its effective date are authorized
    34  to be made and completed on or before such date.