Bill Text: NY S01674 | 2013-2014 | General Assembly | Amended
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-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1674--A 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 -- 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04691-07-3 S. 1674--A 2 1 OBSTETRICAL PERSPECTIVES. OPTIONS FOR COURSES SHOULD BE APPROPRIATE FOR 2 THE RESPECTIVE PROFESSION AND MAY INCLUDE INFORMATION AND EDUCATION 3 ADDRESSING RISKS ASSOCIATED WITH THE PRACTICE OF OBSTETRICS AND MIDWIF- 4 ERY. COURSE OPTIONS MAY INCLUDE ISSUES SUCH AS: METHODS TO ELIMINATE 5 NON-MEDICALLY INDICATED (ELECTIVE) DELIVERIES PRIOR TO THIRTY-NINE WEEKS 6 GESTATION INCLUDING THE NEONATAL IMPACT OF LATE PRETERM BIRTHS; VAGINAL 7 BIRTHS AFTER CESAREAN BIRTHS AND THE APPLICABILITY TO A TRIAL OF LABOR; 8 REDUCTIONS IN CESAREAN BIRTHS; MONITORING OF FETAL WELL-BEING; MANAGE- 9 MENT OF PAIN IN LABOR; MANAGEMENT OF MATERNAL HEMORRHAGE, HYPERTENSIVE 10 CRISIS, VAGINAL BREECH AND PREVENTION OF SHOULDER DYSTOCIA; AND OTHER 11 EVIDENCE-BASED GUIDELINE DETERMINED ISSUES THAT IMPROVE THE CARE AND 12 OUTCOMES OF WOMEN. 13 3. ATTENDANCE AT ANY COURSE APPROVED BY THE COMMISSIONER PURSUANT TO 14 THIS SECTION MAY BE IN PERSON OR THROUGH DISTANCE LEARNING METHODS WHICH 15 EVINCE THAT ALL PARTICIPANTS ARE IN ATTENDANCE FOR THE DURATION OF THE 16 COURSE AND ABLE TO ASK QUESTIONS OF THE INSTRUCTOR. 17 4. PHYSICIANS WHO ARE BOARD CERTIFIED OR ARE ACTIVE CANDIDATES FOR 18 BOARD CERTIFICATION IN OBSTETRICS AND PHYSICIANS WHO ARE BOARD CERTIFIED 19 OR ARE ELIGIBLE FOR BOARD CERTIFICATION IN FAMILY PRACTICE AND PROVIDE 20 OBSTETRIC SERVICES AND MIDWIVES WHO ARE LICENSED IN THE STATE ARE ELIGI- 21 BLE FOR A RISK MANAGEMENT STRATEGIES COURSE. 22 5. THE COMMISSIONER IS AUTHORIZED TO PRESCRIBE ANY RULES AND REGU- 23 LATIONS NECESSARY TO IMPLEMENT THIS SECTION. IN PRESCRIBING SUCH RULES 24 AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER THE RULES AND REGU- 25 LATIONS PROMULGATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT 26 TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED FORTY-THREE OF 27 THE INSURANCE LAW AND MAY CONSULT WITH THE SUPERINTENDENT OF FINANCIAL 28 SERVICES. 29 S 2. Subsection (e) of section 2343 of the insurance law, as added by 30 chapter 642 of the laws of 1990, is amended to read as follows: 31 (e) The superintendent may approve an ACTUARIALLY appropriate premium 32 reduction for an insured physician OR LICENSED MIDWIFE who successfully 33 completes a risk management course OR A COURSE AUTHORIZED BY THE COMMIS- 34 SIONER OF HEALTH UNDER SECTION TWO THOUSAND FIVE HUNDRED SIX-A OF THE 35 PUBLIC HEALTH LAW, which must be approved by the superintendent subject 36 to such standards as the superintendent may prescribe by regulation. In 37 prescribing such regulation the superintendent may consult with the 38 commissioner of health. 39 S 3. This act shall take effect one year after it shall have become a 40 law and shall apply to all insurance policies and contracts issued, 41 renewed, modified or altered on and after such effective date. The 42 commissioner of health and the superintendent of financial services are 43 authorized and directed to adopt, amend, suspend or repeal regulations 44 and take other actions necessary for the implementation of this act 45 prior to such effective date; provided, however, that such adoption, 46 amendment, suspension or repeal of regulations shall not have legal 47 effect until this act takes effect.