Bill Text: NY S07234 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the provision of maternal depression education, screening guidelines, and referrals for treatment.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2014-08-04 - SIGNED CHAP.199 [S07234 Detail]

Download: New_York-2013-S07234-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7234--A
           Cal. No. 1089
                                   I N  S E N A T E
                                      May 7, 2014
                                      ___________
       Introduced  by  Sens.  KRUEGER,  CARLUCCI, MONTGOMERY, PERKINS, SERRANO,
         TKACZYK -- read twice and ordered printed,  and  when  printed  to  be
         committed  to  the Committee on Health -- reported favorably from said
         committee and committed to the Committee on Finance -- reported favor-
         ably from said committee, ordered to first and second report,  amended
         on  second  report, ordered to a third reading, and to be reprinted as
         amended, retaining its place in the order of third reading
       AN ACT to amend the public health law and the insurance law, in relation
         to the provision of maternal depression  education,  screening  guide-
         lines, and referrals for treatment
         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  2500-k to read as follows:
    3    S  2500-K.  MATERNAL  DEPRESSION.  1.  DEFINITIONS.  AS  USED  IN THIS
    4  SECTION:
    5    (A) "MATERNAL DEPRESSION" MEANS A WIDE RANGE OF EMOTIONAL AND  PSYCHO-
    6  LOGICAL  REACTIONS  A  WOMAN  MAY  EXPERIENCE  DURING PREGNANCY OR AFTER
    7  CHILDBIRTH. THESE REACTIONS MAY INCLUDE, BUT ARE NOT LIMITED  TO,  FEEL-
    8  INGS  OF  DESPAIR  OR  EXTREME GUILT, PROLONGED SADNESS, LACK OF ENERGY,
    9  DIFFICULTY CONCENTRATING, FATIGUE,  EXTREME  CHANGES  IN  APPETITE,  AND
   10  THOUGHTS  OF  SUICIDE  OR  OF  HARMING THE BABY. MATERNAL DEPRESSION MAY
   11  INCLUDE PRENATAL DEPRESSION, THE "BABY BLUES," POSTPARTUM DEPRESSION, OR
   12  POSTPARTUM PSYCHOSIS -- THE SEVEREST FORM.
   13    (B) "MATERNAL HEALTH CARE PROVIDER" MEANS A PHYSICIAN, MIDWIFE,  NURSE
   14  PRACTITIONER,  OR PHYSICIAN ASSISTANT, OR OTHER HEALTH CARE PRACTITIONER
   15  ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, ATTENDING A  PREGNANT
   16  WOMAN  OR  A  WOMAN UP TO ONE YEAR AFTER CHILDBIRTH, INCLUDING A PRACTI-
   17  TIONER ATTENDING THE WOMAN'S CHILD UP TO ONE YEAR AFTER CHILDBIRTH.
   18    2. MATERNAL DEPRESSION INFORMATION. (A) THE COMMISSIONER, IN CONSULTA-
   19  TION WITH THE COMMISSIONER OF MENTAL HEALTH,  SHALL  MAKE  AVAILABLE  TO
   20  MATERNAL  HEALTH  CARE PROVIDERS INFORMATION ON MATERNAL DEPRESSION. THE
   21  INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14648-08-4
       S. 7234--A                          2
    1    (I) A SUMMARY OF THE CURRENT EVIDENCE BASE AND PROFESSIONAL GUIDELINES
    2  FOR MATERNAL DEPRESSION SCREENING;
    3    (II)  VALIDATED,  EVIDENCE-BASED TOOLS FOR MATERNAL DEPRESSION SCREEN-
    4  ING;
    5    (III) INFORMATION ABOUT FOLLOW-UP SUPPORT FOR PATIENTS WHO MAY REQUIRE
    6  FURTHER EVALUATION, REFERRAL, OR TREATMENT  INCLUDING,  WHEN  AVAILABLE,
    7  INFORMATION  ABOUT SPECIFIC COMMUNITY RESOURCES AND ENTITIES LICENSED BY
    8  THE OFFICE OF MENTAL HEALTH; AND
    9    (IV) INFORMATION ON ENGAGING SUPPORT FOR THE MOTHER, WHICH MAY INCLUDE
   10  COMMUNICATING WITH THE OTHER  PARENT  OF  THE  CHILD  AND  OTHER  FAMILY
   11  MEMBERS, AS APPROPRIATE AND CONSISTENT WITH PATIENT CONFIDENTIALITY.
   12    (B)  THE  INFORMATION  ON  MATERNAL  DEPRESSION SHALL BE POSTED ON THE
   13  DEPARTMENT'S WEBSITE. THE COMMISSIONER SHALL, IN COLLABORATION WITH  THE
   14  COMMISSIONER  OF  MENTAL  HEALTH,  UPDATE  AND REVIEW THE INFORMATION ON
   15  MATERNAL DEPRESSION, AS NECESSARY.
   16    3. THE COMMISSIONER SHALL MAKE ANY REGULATIONS NECESSARY TO  IMPLEMENT
   17  THIS SECTION.
   18    S  2. Subdivision 1 of section 207 of the public health law is amended
   19  by adding a new paragraph (j) to read as follows:
   20    (J)  MATERNAL  DEPRESSION,  INCLUDING  INFORMATION  ABOUT   EDUCATION,
   21  SCREENING, REFERRAL SERVICES, AND POSSIBLE OPTIONS FOR TREATMENT.
   22    S  3.  Subdivision  1  of  section 2803-j of the public health law, as
   23  amended by chapter 62 of the  laws  of  1996,  is  amended  to  read  as
   24  follows:
   25    1. The commissioner shall require that every hospital and birth center
   26  shall  prepare in printed or photocopied form and distribute at the time
   27  of pre-booking directly to each prospective maternity patient and,  upon
   28  request,  to  the  general public an informational leaflet. Such leaflet
   29  shall be designed by the commissioner  and  shall  contain  brief  defi-
   30  nitions  of  maternity  related procedures and practices as specified in
   31  subdivision two of this section and such other material as deemed appro-
   32  priate by the commissioner.  Hospitals and birth centers may also  elect
   33  to  distribute  additional explanatory material along with the maternity
   34  patients informational leaflet. THE COMMISSIONER SHALL MAKE THE INFORMA-
   35  TION CONTAINED IN THE LEAFLET AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   36    S 4. Subdivision 1-b of section 2803-j of the public  health  law,  as
   37  added by chapter 647 of the laws of 1997, is amended to read as follows:
   38    1-b. The informational leaflet shall also include information relating
   39  to  the  physical  and  mental  health  of  the  maternity patient after
   40  discharge from the hospital, including, but not limited to,  information
   41  about  [post-partum]  MATERNAL  depression. THE COMMISSIONER, IN COLLAB-
   42  ORATION WITH THE COMMISSIONER OF MENTAL HEALTH, SHALL REVIEW AND  UPDATE
   43  THE  INFORMATION  ON  MATERNAL  DEPRESSION  CONTAINED IN THE LEAFLET, AS
   44  NECESSARY.  THE  INFORMATIONAL  LEAFLETS  SHALL  BE  MADE  AVAILABLE  TO
   45  PATIENTS  IN  THE  TOP  SIX  LANGUAGES  SPOKEN  IN THE STATE, OTHER THAN
   46  ENGLISH, ACCORDING TO THE LATEST AVAILABLE DATA FROM THE  UNITED  STATES
   47  CENSUS BUREAU.
   48    S  5.  Paragraph  (b) of subdivision 1 of section 2803-n of the public
   49  health law, as added by chapter 56 of the laws of 1996,  is  amended  to
   50  read as follows:
   51    (b)  Maternity  care shall also include, at minimum, parent education,
   52  assistance and training in breast or bottle feeding, EDUCATION ON MATER-
   53  NAL DEPRESSION, EDUCATION ON MATERNAL DEPRESSION  SCREENING  AND  REFER-
   54  RALS, and the performance of any necessary maternal and newborn clinical
   55  assessments.    Notwithstanding  this requirement, nothing in this para-
   56  graph is intended to result in the hospital charging any amount for such
       S. 7234--A                          3
    1  services in addition to the applicable charge for  the  maternity  inpa-
    2  tient hospital admission.
    3    S  6.  The  insurance law is amended by adding a new section 3217-g to
    4  read as follows:
    5    S 3217-G. MATERNAL DEPRESSION  SCREENINGS.  TO  THE  EXTENT  A  POLICY
    6  PROVIDES  COVERAGE FOR MATERNAL DEPRESSION SCREENING, NO INSURER SUBJECT
    7  TO THIS ARTICLE SHALL BY CONTRACT, WRITTEN POLICY OR PROCEDURE  LIMIT  A
    8  PATIENT  INSURED'S  DIRECT ACCESS TO SCREENING AND REFERRAL FOR MATERNAL
    9  DEPRESSION,  AS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION  TWENTY-FIVE
   10  HUNDRED-K  OF  THE  PUBLIC  HEALTH  LAW, FROM A PROVIDER OF OBSTETRICAL,
   11  GYNECOLOGIC, OR PEDIATRIC SERVICES OF  HER  CHOICE;  PROVIDED  THAT  THE
   12  PATIENT  INSURED'S CHOICE OF PROVIDER IS SUBJECT TO THE TERMS AND CONDI-
   13  TIONS OF THE POLICY UNDER WHICH THE PATIENT INSURED IS COVERED.
   14    S 7. The insurance law is amended by adding a new  section  4306-f  to
   15  read as follows:
   16    S  4306-F.  MATERNAL  DEPRESSION  SCREENINGS. TO THE EXTENT A CONTRACT
   17  PROVIDES COVERAGE FOR  MATERNAL  DEPRESSION  SCREENING,  NO  CORPORATION
   18  SUBJECT  TO  THIS ARTICLE SHALL BY CONTRACT, WRITTEN POLICY OR PROCEDURE
   19  LIMIT A PATIENT INSURED'S DIRECT ACCESS TO SCREENING  AND  REFERRAL  FOR
   20  MATERNAL   DEPRESSION,   AS   DEFINED  IN  SUBDIVISION  ONE  OF  SECTION
   21  TWENTY-FIVE HUNDRED-K OF THE PUBLIC  HEALTH  LAW,  FROM  A  PROVIDER  OF
   22  OBSTETRICAL,  GYNECOLOGIC, OR PEDIATRIC SERVICES OF HER CHOICE; PROVIDED
   23  THAT THE PATIENT INSURED'S CHOICE OF PROVIDER IS SUBJECT  TO  THE  TERMS
   24  AND  CONDITIONS  OF  THE  CONTRACT  UNDER  WHICH  THE PATIENT INSURED IS
   25  COVERED.
   26    S 8. The public health law is amended by adding a new  section  4406-f
   27  to read as follows:
   28    S  4406-F.  MATERNAL  DEPRESSION  SCREENINGS.  TO  THE  EXTENT  A PLAN
   29  PROVIDES COVERAGE FOR MATERNAL DEPRESSION SCREENING, NO  HEALTH  MAINTE-
   30  NANCE  ORGANIZATION  SUBJECT  TO THIS ARTICLE SHALL BY CONTRACT, WRITTEN
   31  POLICY OR PROCEDURE LIMIT A PATIENT ENROLLEE'S DIRECT ACCESS TO  SCREEN-
   32  ING  AND REFERRAL FOR MATERNAL DEPRESSION, AS DEFINED IN SUBDIVISION ONE
   33  OF SECTION TWENTY-FIVE HUNDRED-K OF THIS CHAPTER,  FROM  A  PROVIDER  OF
   34  OBSTETRICAL,  GYNECOLOGIC, OR PEDIATRIC SERVICES OF HER CHOICE; PROVIDED
   35  THAT THE PATIENT ENROLLEE'S CHOICE OF PROVIDER IS SUBJECT TO  THE  TERMS
   36  AND CONDITIONS OF THE PLAN UNDER WHICH THE PATIENT ENROLLEE IS COVERED.
   37    S 9. This act shall take effect on the one hundred eightieth day after
   38  it  shall  have  become a law; provided that (a) sections six, seven and
   39  eight of this act shall apply to  all  policies  and  contracts  issued,
   40  renewed,  modified,  altered, amended or delivered on or after the first
   41  of January after this act becomes a law; and (b) effective  immediately,
   42  the  addition,  amendment and/or repeal of any rule or regulation neces-
   43  sary for the implementation of this act on its effective date is author-
   44  ized to be made and completed by the commissioner of health on or before
   45  such effective date.
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