STATE OF NEW YORK ________________________________________________________________________ 380 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. CLEARE, BROUK -- read twice and ordered printed, and when printed to be committed to the Committee on Women's Issues AN ACT to amend the insurance law, in relation to requiring health insurance policies to include coverage for doula services as required coverage for maternity care The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Item (i) of subparagraph (A) of paragraph 10 of subsection 2 (i) of section 3216 of the insurance law, as amended by chapter 238 of 3 the laws of 2010, is amended to read as follows: 4 (i) Every policy which provides hospital, surgical or medical coverage 5 shall provide coverage for maternity care, including hospital, surgical 6 or medical care to the same extent that hospital, surgical or medical 7 coverage is provided for illness or disease under the policy. Such 8 maternity care coverage, other than coverage for perinatal compli- 9 cations, shall include inpatient hospital coverage for mother and for 10 newborn for at least forty-eight hours after childbirth for any delivery 11 other than a caesarean section, and for at least ninety-six hours after 12 a caesarean section. Such coverage for maternity care shall include the 13 services of a doula and the services of a midwife licensed pursuant to 14 article one hundred forty of the education law, practicing consistent 15 with section sixty-nine hundred fifty-one of the education law and 16 affiliated or practicing in conjunction with a facility licensed pursu- 17 ant to article twenty-eight of the public health law, but no insurer 18 shall be required to pay for duplicative routine services actually 19 provided by both a licensed midwife and a physician. 20 § 2. Item (i) of subparagraph (A) of paragraph 5 of subsection (k) of 21 section 3221 of the insurance law, as amended by chapter 238 of the laws 22 of 2010, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02437-01-3S. 380 2 1 (i) Every group or blanket policy delivered or issued for delivery in 2 this state which provides hospital, surgical or medical coverage shall 3 include coverage for maternity care, including hospital, surgical or 4 medical care to the same extent that coverage is provided for illness or 5 disease under the policy. Such maternity care coverage, other than 6 coverage for perinatal complications, shall include inpatient hospital 7 coverage for mother and newborn for at least forty-eight hours after 8 childbirth for any delivery other than a caesarean section, and for at 9 least ninety-six hours after a caesarean section. Such coverage for 10 maternity care shall include the services of a doula and the services of 11 a midwife licensed pursuant to article one hundred forty of the educa- 12 tion law, practicing consistent with section sixty-nine hundred fifty- 13 one of the education law and affiliated or practicing in conjunction 14 with a facility licensed pursuant to article twenty-eight of the public 15 health law, but no insurer shall be required to pay for duplicative 16 routine services actually provided by both a licensed midwife and a 17 physician. 18 § 3. Subparagraph (A) of paragraph 1 of subsection (c) of section 4303 19 of the insurance law, as amended by chapter 238 of the laws of 2010, is 20 amended to read as follows: 21 (A) Every contract issued by a corporation subject to the provisions 22 of this article which provides hospital service, medical expense indem- 23 nity or both shall provide coverage for maternity care including hospi- 24 tal, surgical or medical care to the same extent that hospital service, 25 medical expense indemnity or both are provided for illness or disease 26 under the contract. Such maternity care coverage, other than coverage 27 for perinatal complications, shall include inpatient hospital coverage 28 for mother and for newborn for at least forty-eight hours after child- 29 birth for any delivery other than a caesarean section, and for at least 30 ninety-six hours following a caesarean section. Such coverage for mater- 31 nity care shall include the services of a doula and the services of a 32 midwife licensed pursuant to article one hundred forty of the education 33 law, practicing consistent with section sixty-nine hundred fifty-one of 34 the education law and affiliated or practicing in conjunction with a 35 facility licensed pursuant to article twenty-eight of the public health 36 law, but no insurer shall be required to pay for duplicative routine 37 services actually provided by both a licensed midwife and a physician. 38 § 4. This act shall take effect on the one hundred eightieth day after 39 it shall have become a law and shall apply to all policies and contracts 40 issued, renewed, modified, altered or amended on or after such date. 41 Effective immediately the addition, amendment or repeal of any rule or 42 regulation necessary for the implementation of this act on its effective 43 date are authorized to be made and completed on or before such date.