Bill Text: NY S06529 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the makeup and structure of the maternal mortality review board.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-20 - returned to senate [S06529 Detail]

Download: New_York-2019-S06529-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6529

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 14, 2019
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the public health  law,  in  relation  to  the  maternal
          mortality review board

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 2509 of the public health law, as added by a  chap-
     2  ter  of  the  laws  of  2019, amending the public health law relating to
     3  maternal mortality review boards and the maternal mortality and morbidi-
     4  ty advisory council, as proposed in legislative bills numbers A.3276 and
     5  S.1819, is amended to read as follows:
     6    § 2509. Maternal mortality review board. 1. (a) There is hereby estab-
     7  lished in the department the maternal mortality  review  board  for  the
     8  purpose of reviewing maternal deaths and maternal morbidity and develop-
     9  ing  and  disseminating findings, recommendations, and best practices to
    10  contribute to the prevention of maternal mortality and morbidity.    The
    11  board  shall  assess  the  cause  of death, factors leading to death and
    12  preventability for each maternal death reviewed and, in  the  discretion
    13  of  the board, cases of severe maternal morbidity, and shall develop and
    14  disseminate strategies for reducing the risk of maternal  mortality  and
    15  morbidity,  including  risk  resulting  from  racial, economic, or other
    16  disparities.  The commissioner may delegate  the  authority  to  conduct
    17  maternal mortality reviews.
    18    (b)  The commissioner may enter into an agreement with the city of New
    19  York providing:
    20    (i) that the functions of the state board relating to maternal  deaths
    21  and  severe  maternal  morbidity  occurring  within the city of New York
    22  shall be conducted by the city board;
    23    (ii) the city board shall provide to the state board  the  results  of
    24  its  reviews,  relevant information in the possession of the city board,
    25  and the recommendations of the city board; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00490-03-9

        S. 6529                             2

     1    (iii) the department and the state board shall provide information and
     2  assistance to the city board for the performance of its functions.
     3    (c)  Nothing  in  this section shall prevent the city of New York from
     4  establishing, without an agreement with the commissioner, a board relat-
     5  ing to maternal deaths and severe maternal  morbidity  occurring  within
     6  the city of New York.
     7    2. As used in this section, unless the context requires otherwise:
     8    (a)  "Advisory  council"  and  "council"  mean the advisory council on
     9  maternal mortality and morbidity, established under this section.
    10    (b) "Board" means a maternal mortality  review  board  established  by
    11  this  section,  referred  to  in this section as the "state board", or a
    12  board operating under this section established by the city of New  York,
    13  with  or without an agreement with the commissioner, referred to in this
    14  section as the "city board".
    15    (c) "Maternal death" means the death of a woman  during  pregnancy  or
    16  within a year from the end of pregnancy.
    17    (d)  "Severe  maternal  morbidity"  or  "morbidity"  means  unexpected
    18  outcomes of pregnancy, labor, or delivery  that  result  in  significant
    19  short- or long-term consequences to a woman's health.
    20    (e)  "City  commissioner"  means the commissioner of the New York city
    21  department of health and mental hygiene.
    22    3. (a) The members of the state board shall be comprised of  multidis-
    23  ciplinary experts in the field of maternal mortality, women's health and
    24  public  health,  and  shall  include  health care professionals or other
    25  experts who serve and are representative  of  the  racial,  ethnic,  and
    26  socioeconomic  diversity of the women and mothers [in] of the state and,
    27  to the extent possible, the medically underserved areas of the state  or
    28  areas  of the state with disproportionately high occurrences of maternal
    29  mortality or morbidity.
    30    (b) The state board shall be composed of at least fifteen members, all
    31  of whom shall be appointed by the commissioner.
    32    (c) The terms of the state board members shall  be  three  years.  The
    33  commissioner  may  choose to reappoint state board members to additional
    34  three year terms.
    35    (d) A majority of the appointed membership of the state board, no less
    36  than three, shall constitute a quorum.
    37    (e) When any member of the state board fails to attend  three  consec-
    38  utive  regular  meetings,  unless  such  absence is for good cause, that
    39  membership may be deemed vacant for purposes of  the  appointment  of  a
    40  successor.
    41    (f)  Meetings  of  the state board shall be held at least twice a year
    42  but may be held more frequently as deemed necessary, subject to  request
    43  of the department.
    44    (g)  Members  of  the state and city boards shall be indemnified under
    45  section seventeen of the public officers law or section fifty-k  of  the
    46  general municipal law, as the case may be.
    47    (h)  Members  of  the  state  board shall not be compensated for their
    48  participation on the board but shall  receive  reimbursement  for  their
    49  ordinary and necessary expenses of participation.
    50    (i) Membership on a board shall not disqualify any person from holding
    51  any public office or employment.
    52    4.  (a)  The  commissioner [and the city commissioner, as the case may
    53  be,] may request and shall receive upon  request  from  any  department,
    54  division,  board,  bureau, commission, local health departments or other
    55  agency of the state or  political  subdivision  thereof  or  any  public
    56  authority, such information, including but not limited to death records,

        S. 6529                             3

     1  medical records, autopsy reports, toxicology reports, hospital discharge
     2  records,  birth  records  and  any  other information that will help the
     3  department under this section  to  properly  carry  out  its  functions,
     4  powers  and  duties.  The commissioner, or the city commissioner for the
     5  maternal deaths or maternal morbidity occurring within the vital statis-
     6  tics registration district of the city of New York may request and shall
     7  receive upon request from any department, division, board, commission or
     8  other agency under the authority of the city of  New  York  as  well  as
     9  hospitals  established pursuant to article twenty-eight of this chapter,
    10  birthing facilities, medical examiners, coroners and coroner  physicians
    11  and  any  other  facility  providing  services  associated with maternal
    12  mortality or maternal morbidity, such information,  including,  but  not
    13  limited  to, death records, medical records, autopsy reports, toxicology
    14  reports, hospital discharge records, birth records and any other  infor-
    15  mation  that  will  help  the  department under this section to properly
    16  carry out its functions, powers and duties.
    17    (b) The commissioner and the city commissioner shall receive  and  may
    18  solicit  voluntary  information,  including  oral or written statements,
    19  relating to any maternal death and case of  severe  maternal  morbidity,
    20  from  any family member or other interested party (including the patient
    21  in a case of severe maternal morbidity) relating to any  case  that  may
    22  come  before  the  board.  Oral statements received under this paragraph
    23  shall be transcribed or summarized in writing. The commissioner and  the
    24  city commissioner shall transmit that information to the board consider-
    25  ing the case.
    26    (c) Before transmitting any information to the board, the commissioner
    27  or  the city commissioner shall remove all personal identifying informa-
    28  tion of the woman, health care practitioner or practitioners  or  anyone
    29  else  individually named in such information, as well as the hospital or
    30  facility that treated the woman,  and  any  other  information  such  as
    31  geographic  location  that may inadvertently identify the woman, practi-
    32  tioner or facility.  This paragraph shall not preclude the  transmitting
    33  of  information  to the board that is reasonably necessary to enable the
    34  board to perform an appropriate review under this section.
    35    5. Each board:
    36    (a) shall make and report findings and recommendations to the  commis-
    37  sioner  [or  city  commissioner, as the case may be], and in the case of
    38  the city board to the commissioner and the city  commissioner  regarding
    39  the cause of death, factors leading to death, and preventability of each
    40  maternal death case, and each case of severe maternal morbidity reviewed
    41  by  the  board,  by  reviewing relevant information for each case in the
    42  state or the city of New York, as the case may be, and  consulting  with
    43  experts  as needed to evaluate the information for each death; and shall
    44  provide such findings and recommendations, including best practices  and
    45  strategies for reducing the risk of maternal mortality and morbidity, to
    46  the  advisory  council;  provided that material provided to the advisory
    47  council shall not include any information  that  would  be  confidential
    48  under this section;
    49    (b) shall develop recommendations to the commissioner [or city commis-
    50  sioner,  as  the  case may be], and in the case of the city board to the
    51  commissioner and the city commissioner for  areas  of  focus,  including
    52  issues  of  severe  maternal morbidity and issues of racial, economic or
    53  other disparities in maternal outcomes;
    54    (c) may, in addition to the findings and  recommendations  made  under
    55  this  subdivision,  and  consistent  with all applicable confidentiality
    56  protections, bring any particular matter to the attention of the commis-

        S. 6529                             4

     1  sioner or the city commissioner, and in the case of the  city  board  to
     2  the commissioner and the city commissioner;
     3    (d) shall issue a report on its findings and recommendations every two
     4  years,  and may also issue reports more frequently. The reports shall be
     5  public documents; and
     6    (e) may request and shall receive the assistance of  the  commissioner
     7  in  the  instance  of  the  state board and the city commissioner in the
     8  instance of the city board in carrying out its functions.
     9    6. The commissioner and the city commissioner and the state  and  city
    10  boards  shall  each  keep  confidential  any  information  collected  or
    11  received under this section that includes personal identifying  informa-
    12  tion  of  the woman, health care practitioner or practitioners or anyone
    13  else individually named in such information, as well as the hospital  or
    14  facility  that  treated  the  woman,  and  any other information such as
    15  geographic location that may inadvertently identify the  woman,  practi-
    16  tioner  or  facility, and shall use the information provided or received
    17  under this section solely for the purposes of improvement of the quality
    18  of health care of women and to prevent maternal mortality and morbidity.
    19  This subdivision shall not preclude the transmitting of  information  to
    20  the board that is reasonably necessary to enable the board to perform an
    21  appropriate  review  under this section.  All records received, meetings
    22  conducted, reports, except those reports required to be  issued  by  the
    23  board by this section, and records made and maintained and all books and
    24  papers obtained by the board shall be confidential and shall not be made
    25  open  or  available,  including under article six of the public officers
    26  law, and shall be limited to board members as well as  those  authorized
    27  by the commissioner or city commissioner.  Such information shall not be
    28  discoverable  or  admissible  as  evidence in any action in any court or
    29  before any other tribunal, board, agency or person.
    30    7. The commissioner and the city commissioner, within their respective
    31  legal authority, may use the recommendations and findings of the  boards
    32  to  develop  guidance  and other actions relating to best practices, and
    33  shall disseminate  information  relating  to  that  guidance  and  other
    34  actions to appropriate health care providers.
    35    8. (a) There is hereby established in the department an advisory coun-
    36  cil on maternal mortality and morbidity.
    37    (b) The advisory council:
    38    (i) may review the findings of the boards;
    39    (ii)  may  develop  recommendations  on  policies, best practices, and
    40  strategies to prevent maternal mortality and morbidity;
    41    (iii) may hold public hearings on those matters;
    42    (iv) may make findings and issue reports, including an annual  report,
    43  on such matters; and
    44    (v)  may request and shall receive the assistance of the commissioner,
    45  the city commissioner, and the boards in carrying out its functions.
    46    (c) The advisory council shall consist of at least  twenty  members[,]
    47  to  be  determined  by  the commissioner. The commissioner [and the city
    48  commissioner] shall [each] appoint [half of] the members of the council,
    49  at least ten of whom shall be on the recommendation of the city  commis-
    50  sioner.  The commissioner shall appoint the chair of the council.
    51    (d) The members of the council shall be comprised of multidisciplinary
    52  experts  and  lay persons knowledgeable in the field of maternal mortal-
    53  ity, women's health and public health  and  shall  include  members  who
    54  serve  and  are  representative of the racial, ethnic, and socioeconomic
    55  diversity of the women and mothers [in] of the state, and to the  extent
    56  possible,  the  medically underserved areas of the state or areas of the

        S. 6529                             5

     1  state with disproportionately high occurrences of maternal mortality  or
     2  morbidity.
     3    (e)  The  terms  of  the  council  members  shall  be three years. The
     4  [appointing official]  commissioner  may  choose  to  reappoint  council
     5  members  to  additional three-year terms. Vacancies on the council shall
     6  be filled by appointment  by  the  [appointing  official]  commissioner,
     7  consistent  with  paragraph  (c) of this subdivision.  A majority of the
     8  appointed membership of the council shall constitute a quorum. When  any
     9  member  of  the  council fails to attend three consecutive regular meet-
    10  ings, unless such absence is for good  cause,  that  membership  may  be
    11  deemed vacant for purposes of the appointment of a successor.
    12    (f) Meetings of the council shall be held at least twice a year.
    13    (g)  Members  of the council shall be indemnified under section seven-
    14  teen of the public officers law. Members of the  council  shall  not  be
    15  compensated  for  their  participation  on the council but shall receive
    16  reimbursement for their  ordinary  and  necessary  expenses  of  partic-
    17  ipation.  Membership on the council shall not disqualify any person from
    18  holding any public office or employment.
    19    § 2. This act shall take effect of the  same  date  and  in  the  same
    20  manner  as a chapter of the laws of 2019, amending the public health law
    21  relating to maternal mortality review boards and the maternal  mortality
    22  and morbidity advisory council, as proposed in legislative bills numbers
    23  A.3276 and S.1819, takes effect.
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