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.