Bill Text: NY S01674 | 2013-2014 | 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: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2014-05-06 - REPORTED AND COMMITTED TO FINANCE [S01674 Detail]

Download: New_York-2013-S01674-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1674
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed 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    S  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
   22  OBSTETRICAL  PERSPECTIVES. OPTIONS FOR COURSES SHOULD BE APPROPRIATE FOR
   23  THE RESPECTIVE PROFESSION AND  MAY  INCLUDE  INFORMATION  AND  EDUCATION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04691-01-3
       S. 1674                             2
    1  ADDRESSING  RISKS ASSOCIATED WITH THE PRACTICE OF OBSTETRICS AND MIDWIF-
    2  ERY. COURSE OPTIONS MAY INCLUDE ISSUES SUCH  AS:  METHODS  TO  ELIMINATE
    3  NON-MEDICALLY INDICATED (ELECTIVE) DELIVERIES PRIOR TO THIRTY-NINE WEEKS
    4  GESTATION  INCLUDING THE NEONATAL IMPACT OF LATE PRETERM BIRTHS; VAGINAL
    5  BIRTHS AFTER CESAREAN BIRTHS AND THE APPLICABILITY TO A TRIAL OF  LABOR;
    6  REDUCTIONS  IN  CESAREAN BIRTHS; MONITORING OF FETAL WELL-BEING; MANAGE-
    7  MENT OF PAIN IN LABOR; MANAGEMENT OF MATERNAL  HEMORRHAGE,  HYPERTENSIVE
    8  CRISIS,  VAGINAL  BREECH  AND PREVENTION OF SHOULDER DYSTOCIA; AND OTHER
    9  EVIDENCE-BASED GUIDELINE DETERMINED ISSUES THAT  IMPROVE  THE  CARE  AND
   10  OUTCOMES OF WOMEN.
   11    3.  ATTENDANCE  AT ANY COURSE APPROVED BY THE COMMISSIONER PURSUANT TO
   12  THIS SECTION MAY BE IN PERSON OR THROUGH DISTANCE LEARNING METHODS WHICH
   13  EVINCE THAT ALL PARTICIPANTS ARE IN ATTENDANCE FOR THE DURATION  OF  THE
   14  COURSE AND ABLE TO ASK QUESTIONS OF THE INSTRUCTOR.
   15    4.  PHYSICIANS  WHO  ARE  BOARD CERTIFIED OR ARE ACTIVE CANDIDATES FOR
   16  BOARD CERTIFICATION IN OBSTETRICS AND PHYSICIANS WHO ARE BOARD CERTIFIED
   17  OR ARE ELIGIBLE FOR BOARD CERTIFICATION IN FAMILY PRACTICE  AND  PROVIDE
   18  OBSTETRIC SERVICES AND MIDWIVES WHO ARE LICENSED IN THE STATE ARE ELIGI-
   19  BLE FOR A RISK MANAGEMENT STRATEGIES COURSE.
   20    5.  THE  COMMISSIONER  IS  AUTHORIZED TO PRESCRIBE ANY RULES AND REGU-
   21  LATIONS NECESSARY TO IMPLEMENT THIS SECTION. IN PRESCRIBING  SUCH  RULES
   22  AND  REGULATIONS,  THE  COMMISSIONER  SHALL CONSIDER THE RULES AND REGU-
   23  LATIONS PROMULGATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT
   24  TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED  FORTY-THREE  OF
   25  THE  INSURANCE  LAW AND MAY CONSULT WITH THE SUPERINTENDENT OF FINANCIAL
   26  SERVICES.
   27    S 2. Subsection (e) of section 2343 of the insurance law, as added  by
   28  chapter 642 of the laws of 1990, is amended to read as follows:
   29    (e)  The superintendent may approve an ACTUARIALLY appropriate premium
   30  reduction for an insured physician who  successfully  completes  a  risk
   31  management course[, which must be approved by the superintendent subject
   32  to  such standards as the superintendent may prescribe by regulation. In
   33  prescribing such regulation the  superintendent  may  consult  with  the
   34  commissioner  of  health]  OR A COURSE AUTHORIZED BY THE COMMISSIONER OF
   35  HEALTH UNDER SECTION TWO THOUSAND  FIVE  HUNDRED  SIX-A  OF  THE  PUBLIC
   36  HEALTH LAW.
   37    S  3. This act shall take effect one year after it shall have become a
   38  law and shall apply to all  insurance  policies  and  contracts  issued,
   39  renewed,  modified  or  altered  on  and  after such effective date. The
   40  commissioner of health and the superintendent of financial services  are
   41  authorized  and  directed to adopt, amend, suspend or repeal regulations
   42  and take other actions necessary for  the  implementation  of  this  act
   43  prior  to  such  effective  date; provided, however, that such adoption,
   44  amendment, suspension or repeal of  regulations  shall  not  have  legal
   45  effect until this act takes effect.