Bill Text: NY S04488 | 2015-2016 | 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: Bipartisan Bill

Status: (Introduced - Dead) 2016-05-04 - REPORTED AND COMMITTED TO INSURANCE [S04488 Detail]

Download: New_York-2015-S04488-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4488
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 24, 2015
                                      ___________
       Introduced  by  Sen.  MURPHY -- 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
   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.
                                                                  LBD00091-01-5
       S. 4488                             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, HYPERTENSIVE
    7  CRISIS, VAGINAL BREECH AND PREVENTION OF SHOULDER  DYSTOCIA;  AND  OTHER
    8  EVIDENCE-BASED  GUIDELINE  DETERMINED  ISSUES  THAT IMPROVE THE CARE AND
    9  OUTCOMES OF WOMEN.
   10    3. ATTENDANCE AT ANY COURSE APPROVED BY THE COMMISSIONER  PURSUANT  TO
   11  THIS SECTION MAY BE IN PERSON OR THROUGH DISTANCE LEARNING METHODS WHICH
   12  EVINCE  THAT  ALL PARTICIPANTS ARE IN ATTENDANCE FOR THE DURATION OF THE
   13  COURSE AND ABLE TO ASK QUESTIONS OF THE INSTRUCTOR.
   14    4. PHYSICIANS WHO ARE BOARD CERTIFIED OR  ARE  ACTIVE  CANDIDATES  FOR
   15  BOARD CERTIFICATION IN OBSTETRICS AND PHYSICIANS WHO ARE BOARD CERTIFIED
   16  OR  ARE  ELIGIBLE FOR BOARD CERTIFICATION IN FAMILY PRACTICE AND PROVIDE
   17  OBSTETRIC SERVICES AND MIDWIVES WHO ARE LICENSED IN THE STATE ARE ELIGI-
   18  BLE FOR A RISK MANAGEMENT STRATEGIES COURSE.
   19    5. THE COMMISSIONER IS AUTHORIZED TO PRESCRIBE  ANY  RULES  AND  REGU-
   20  LATIONS  NECESSARY  TO IMPLEMENT THIS SECTION. IN PRESCRIBING SUCH RULES
   21  AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER  THE  RULES  AND  REGU-
   22  LATIONS PROMULGATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT
   23  TO  SUBSECTION  (E) OF SECTION TWO THOUSAND THREE HUNDRED FORTY-THREE OF
   24  THE INSURANCE LAW AND MAY CONSULT WITH THE SUPERINTENDENT  OF  FINANCIAL
   25  SERVICES.
   26    S  2. Subsection (e) of section 2343 of the insurance law, as added by
   27  chapter 642 of the laws of 1990, is amended to read as follows:
   28    (e) The superintendent may approve an ACTUARIALLY appropriate  premium
   29  reduction  for an insured physician OR LICENSED MIDWIFE who successfully
   30  completes a risk management course OR A COURSE AUTHORIZED BY THE COMMIS-
   31  SIONER OF HEALTH UNDER SECTION TWO THOUSAND FIVE HUNDRED  SIX-A  OF  THE
   32  PUBLIC  HEALTH LAW, which must be approved by the superintendent subject
   33  to such standards as the superintendent may prescribe by regulation.  In
   34  prescribing  such  regulation  the  superintendent  may consult with the
   35  commissioner of health.
   36    S 3. This act shall take effect one year after it shall have become  a
   37  law  and  shall  apply  to  all insurance policies and contracts issued,
   38  renewed, modified or altered on  and  after  such  effective  date.  The
   39  commissioner  of health and the superintendent of financial services are
   40  authorized and directed to adopt, amend, suspend or  repeal  regulations
   41  and  take  other  actions  necessary  for the implementation of this act
   42  prior to such effective date; provided,  however,  that  such  adoption,
   43  amendment,  suspension  or  repeal  of  regulations shall not have legal
   44  effect until this act takes effect.