Enacts the "children and recovering mothers (CHARM) act" to provide guidance, education and assistance to healthcare providers caring for expectant mothers with substance use disorder; provides for the screening of newborns for substance abuse exposure.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A317
SPONSOR: Walker TITLE OF BILL:
An act to amend the public health law, in relation to children and
recovering mothers
PURPOSE OR GENERAL IDEA OF BILL:
To amend the Public Health Law by establishing the Children and Recover-
ing Mothers (CHARM) act.
SUMMARY OF PROVISIONS:
Section 1 of the bill creates the Children and Recovering Mothers
(CHARM) act.
Section 2 amends Article 25 of the Public Health Law by adding a new
title 4-A, in relation to children and recovering mothers. This section
establishes a recovering expectant mothers' program within the Depart-
ment of Health, whereby the Commissioner, in consultation with the
Commissioner of Alcoholism and Substance Abuse Services, will assist
providers caring for recovering expectant mothers through guidance on
universal screening techniques, providing information regarding Medica-
tion Assisted Treatment (MAT) for pregnant women, providing referral
information for substance abuse counseling, developing a system for
consultation and linkage services for obstetricians and primary care
providers who care for recovering expectant mothers, developing provider
education, and creating a workgroup of stakeholders to evaluate barriers
in treating expectant mothers, newborns, and new parents with substance
use disorder.
Section 3 provides that the act shall take effect on the 90th day after
its enactment; provided, however, that effective immediately, any
actions necessary for the implementation of the act on its effective
date are authorized and directed to be completed on or before the effec-
tive date.
JUSTIFICATION:
Amid the ever-growing demographic impacted by the opioid epidemic are
expectant mothers and their newborns. According to the National Insti-
tutes of Health (NIH), there was a five-fold increase in the proportion
of babies born with Neonatal Abstinence Syndrome (NAS) from 2000 to
2012, which is the equivalence of one baby being born with opiate with-
drawal every 25 minutes. Babies born with NAS had average hospital stays
of 16.9 days (an average amount of $66,700) compared to 2.1 days (an
average amount of $3,500) for babies born without NAS. These newborns
can also suffer from low birth weight, prematurity, sudden infant death
syndrome, and other forms of fetal distress at birth. Vermont's Children
and Recovering Mothers (CHARM) Collaborative, established in 2002 to
provide care coordination services for pregnant women with addiction,
MAT, substance abuse counseling services, standard prenatal care, as
well as an on-going assessment of the social support needs of these
women has greatly helped VT in tackling this important issue. Building
upon the principles of the VT program, this NY legislation seeks to
educate providers, link pregnant women to care in an effort to address
any substance use prior to the birth of the child, decrease the number
of babies born with NAS, and to ensure linkage with supports after the
child is born.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A7955 - Referred to Health
2021-2022: A4337 - Referred to Health
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be Determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that effective immediately, any actions
necessary for the implementation of this act on its effective date are
authorized and directed to be taken and completed on or before such
effective date.
STATE OF NEW YORK
________________________________________________________________________
317
2023-2024 Regular Sessions
IN ASSEMBLY
January 4, 2023
___________
Introduced by M. of A. WALKER -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to children and
recovering mothers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "children and recovering mothers (CHARM) act".
3 § 2. Article 25 of the public health law is amended by adding a new
4 title 4-A to read as follows:
5 TITLE 4-A
6 CHILDREN AND RECOVERING MOTHERS
7 Section 2576. Recovering expectant mother program.
8 2577. Newborn screening.
9 2578. Provider education.
10 2579. Workgroup.
11 § 2576. Recovering expectant mother program. There shall be estab-
12 lished a recovering expectant mothers program within the department
13 whereby the commissioner, in consultation with the commissioner of
14 addiction services and supports, shall provide guidance, education and
15 assistance to providers caring for recovering expectant mothers, which
16 shall include, but not be limited to:
17 1. establishing, in consultation with relevant health care providers,
18 guidance on universal screening techniques for substance use disorder at
19 prenatal visits. Such guidance shall rely on validated screening tools
20 and questionnaires and utilize language to help reduce stigma;
21 2. providing information regarding use of medication assisted treat-
22 ment for pregnant women, which shall include information regarding
23 buprenorphine training, tools for providers on effective management of
24 women with opioid use disorder in pregnancy, and a referral list of
25 certified providers;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01029-01-3
A. 317 2
1 3. providing referral information for substance abuse counseling,
2 social support and basic needs referrals, which shall also include guid-
3 ance on referring women to home visiting services that they may be
4 eligible for after birth; and
5 4. developing a system for rapid consultation and referral linkage
6 services for obstetricians and primary care providers statewide who
7 provide care for expectant mothers with substance use disorder.
8 § 2577. Newborn screening. The commissioner, in conjunction with the
9 commissioner of addiction services and supports, shall develop guidance
10 for hospitals and midwifery birth centers on neonatal abstinence
11 syndrome which shall include, but not be limited to, appropriate treat-
12 ment methods for neonatal abstinence syndrome and information on home
13 visiting services that recovering mothers may be eligible for, as well
14 as other substances abuse services, social supports and basic need
15 referrals in the community.
16 § 2578. Provider education. The commissioner shall develop or approve
17 a continuing medical education course for neonatal nurses, obstetri-
18 cians, midwives, pediatricians, and other health care providers regard-
19 ing treatment of expectant mothers and new mothers suffering from
20 substance use disorder, and the treatment of newborns suffering from
21 neonatal abstinence syndrome, which may include federally approved
22 buprenorphine training, in order to facilitate comprehensive prenatal
23 and postpartum care to this population.
24 § 2579. Workgroup. The commissioner, in conjunction with the commis-
25 sioner of addictions services and supports, shall convene a workgroup of
26 stakeholders, including but not limited to, hospitals, local health
27 departments, obstetricians, midwives, pediatricians, and substance abuse
28 providers to study and evaluate current barriers and challenges in iden-
29 tifying and treating expectant mothers, newborns, and new parents with
30 substance use disorder. The workgroup shall report on its findings and
31 recommendations to the commissioner, the speaker of the assembly and the
32 temporary president of the senate within one year of the effective date
33 of this section.
34 § 3. This act shall take effect on the ninetieth day after it shall
35 have become a law. Effective immediately the addition, amendment and/or
36 repeal of any rule or regulation necessary for the implementation of
37 this act on its effective date are authorized to be made and completed
38 on or before such date.
