Bill Text: NY S00266 | 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: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced) 2023-06-09 - SUBSTITUTED BY A5448A [S00266 Detail]

Download: New_York-2023-S00266-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         266--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced by Sens. RIVERA, BROUK, HINCHEY, MANNION, MAY, PARKER -- read
          twice  and  ordered  printed,  and when printed to be committed 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, 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01798-02-3

        S. 266--A                           2

     1  care unit care, and support family unification when appropriate for  the
     2  family  receiving  services. The evidence-based practices shall include,
     3  but not be limited to, rooming-in, encouraging breastfeeding,  providing
     4  trauma-informed  care  to  the  parent-infant  dyad,  and evaluating the
     5  social determinants of health. Neither a diagnosis  of  neonatal  absti-
     6  nence  syndrome or neonatal opioid withdrawal syndrome, nor admission to
     7  a maternal-infant care center, shall by itself  constitute  evidence  of
     8  child  abuse  or  maltreatment,  or,  by itself, justify a report to the
     9  state central register of child abuse and maltreatment.
    10    The department shall be responsible for monitoring the quality, appro-
    11  priateness and effectiveness of the centers  and  shall  report  to  the
    12  legislature  within one year of the establishment of the maternal-infant
    13  care centers and again within two years of the effective  date  of  this
    14  section on the program's effectiveness.
    15    § 2. Section 420 of the social services law is amended by adding a new
    16  subdivision 3 to read as follows:
    17     3.  No  penalties  for  failure  to report, either criminal or civil,
    18  shall apply to  individuals  who  are  mandated  reporters  pursuant  to
    19  section  four  hundred  thirteen  of  this  title  and who do not report
    20  suspected abuse or maltreatment based only upon a diagnosis of  neonatal
    21  abstinence syndrome or neonatal opioid withdrawal syndrome, or admission
    22  to  a  maternal-infant care center established pursuant to section twen-
    23  ty-five hundred nine-d of the public health law, in the absence  of  any
    24  other grounds to suspect abuse or maltreatment.
    25    §  3.  Subparagraph (B) of paragraph (i) of subdivision (f) of section
    26  1012 of the family court act, as amended by chapter 984 of the  laws  of
    27  1981, is amended to read as follows:
    28    (B) in providing the child with proper supervision or guardianship, by
    29  unreasonably  inflicting or allowing to be inflicted harm, or a substan-
    30  tial risk  thereof,  including  the  infliction  of  excessive  corporal
    31  punishment;  or  by  misusing  a drug or drugs; or by misusing alcoholic
    32  beverages to the extent that he loses self-control of his actions; or by
    33  any other acts of a similarly serious nature requiring the  aid  of  the
    34  court;  provided,  however, that where the respondent is voluntarily and
    35  regularly participating in a rehabilitative program, including  but  not
    36  limited  to  a  program  offered at a maternal-infant care center estab-
    37  lished pursuant to section twenty-five  hundred  nine-d  of  the  public
    38  health  law,  evidence that the respondent has repeatedly misused a drug
    39  or drugs or alcoholic beverages to the extent that he loses self-control
    40  of his actions shall not establish that the child is a  neglected  child
    41  in  the  absence  of  evidence  establishing  that the child's physical,
    42  mental or emotional condition has been impaired or is in imminent danger
    43  of becoming impaired as set forth in paragraph (i) of this  subdivision;
    44  or
    45    § 4. This act shall take effect on the one hundred eightieth day after
    46  it  shall  have  become a law, and shall expire and be deemed repealed 4
    47  years after such date.  Effective immediately, the  addition,  amendment
    48  and/or repeal of any rule or regulation necessary for the implementation
    49  of this act on its effective date are authorized and directed to be made
    50  and completed on or before such effective date.
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