Bill Text: NY S03158 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for a premium reduction for physicians and licensed midwives who complete a risk management strategies course in obstetrics or midwifery.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-02-04 - REFERRED TO HEALTH [S03158 Detail]

Download: New_York-2019-S03158-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3158
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 4, 2019
                                       ___________
        Introduced  by  Sen.  RAMOS  -- 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    §  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
    24  addressing  risks associated with the practice of obstetrics and midwif-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00596-01-9

        S. 3158                             2
     1  ery. Course options may include issues such  as:  methods  to  eliminate
     2  non-medically indicated (elective) deliveries prior to thirty-nine weeks
     3  gestation  including the neonatal impact of late preterm births; vaginal
     4  births  after cesarean births and the applicability to a trial of labor;
     5  reductions in cesarean births; monitoring of fetal  well-being;  manage-
     6  ment  of  pain  in  labor;  management of maternal hemorrhage, including
     7  placenta accreta, hypertension in pregnancy, including pre-eclampsia and
     8  eclampsia, 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    § 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 or licensed midwife who  successfully
    31  completes a risk management course or a course authorized by the commis-
    32  sioner  of  health  under section two thousand five hundred six-a of the
    33  public health law, which must be approved by the superintendent  subject
    34  to  such standards as the superintendent may prescribe by regulation. In
    35  prescribing such regulation the  superintendent  may  consult  with  the
    36  commissioner of health.
    37    §  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.
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