Bill Text: NY S06652 | 2023-2024 | 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 5-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S06652 Detail]

Download: New_York-2023-S06652-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6652

                               2023-2024 Regular Sessions

                    IN SENATE

                                       May 3, 2023
                                       ___________

        Introduced by Sens. RAMOS, CLEARE, KRUEGER, MANNION, MYRIE -- 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06621-01-3

        S. 6652                             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,  including
     8  placenta accreta, hypertension in pregnancy, including pre-eclampsia and
     9  eclampsia, vaginal breech and prevention of shoulder dystocia; and other
    10  evidence-based  guideline  determined  issues  that improve the care and
    11  outcomes of women.
    12    3. Attendance at any course approved by the commissioner  pursuant  to
    13  this section may be in person or through distance learning methods which
    14  evince  that  all participants are in attendance for the duration of the
    15  course and able to ask questions of the instructor.
    16    4. Physicians who are board certified or  are  active  candidates  for
    17  board certification in obstetrics and physicians who are board certified
    18  or  are  eligible for board certification in family practice and provide
    19  obstetric services and midwives who are licensed in the state are eligi-
    20  ble for a risk management strategies course.
    21    5. The commissioner is authorized to prescribe  any  rules  and  regu-
    22  lations  necessary  to implement this section. In prescribing such rules
    23  and regulations, the commissioner shall consider  the  rules  and  regu-
    24  lations promulgated by the superintendent of financial services pursuant
    25  to  subsection  (e) of section two thousand three hundred forty-three of
    26  the insurance law and may consult with the superintendent  of  financial
    27  services.
    28    §  2. Subsection (e) of section 2343 of the insurance law, as added by
    29  chapter 642 of the laws of 1990, is amended and a new subsection (f)  is
    30  added 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    (f)   An  insured  physician  or  licensed  midwife  who  successfully
    40  completes a course  authorized  by  the  commissioner  of  health  under
    41  section  two  thousand five hundred six-a of the public health law shall
    42  not, during the period set forth  in  the  superintendent's  regulations
    43  prescribing  standards  for  the premium reduction, also be eligible for
    44  additional premium  reduction  for  an  insured  physician  or  licensed
    45  midwife's medical malpractice insurance policy for successful completion
    46  of  a  risk  management course approved by the superintendent under part
    47  152 of title 11 of the New York code of rules and regulations.
    48    § 3. This act shall take effect one year after it shall have become  a
    49  law  and  shall  apply  to  all insurance policies and contracts issued,
    50  renewed, modified or altered on  and  after  such  effective  date.  The
    51  commissioner  of health and the superintendent of financial services are
    52  authorized and directed to adopt, amend, suspend or  repeal  regulations
    53  and  take  other  actions  necessary  for the implementation of this act
    54  prior to such effective date; provided,  however,  that  such  adoption,
    55  amendment,  suspension  or  repeal  of  regulations shall not have legal
    56  effect until this act takes effect.
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