NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8168
SPONSOR: Paulin TITLE OF BILL:
An act to amend the social services law, in relation to providing Medi-
caid coverage for remote ultrasound scans and remote fetal non-stress
tests
PURPOSE:
To clarify that•remote ultrasound scans and remote fetal non-stress
tests are fully covered under Medicaid.
SUMMARY OF PROVISIONS:
Section 1 amends section 365-a of the social services law to provide
that remote ultrasound scans and remote fetal non-stress tests are
covered by Medicaid.
Section 2 provides the effective date.
JUSTIFICATION:
The rate of maternal mortality in the United States is approximately
23.5 deaths per 100,000 live births, the worst rate of any country. In
the United States, New York ranks 22nd for highest maternal mortality
rate. From 20182020, the NYS Department of Health reported a maternal
mortality rate of 19.3. per 100,000 live births.
The Commonwealth Fund has demonstrated the United States' maternal
mortality crisis can be attributed to a few factors, most prominently,
poor access to prenatal care and skipping necessary health care due to
cost barriers like insurance coverage, transportation, or an inability
to take off work to get to appointments.*
Telemedicine, specifically remote patient monitoring, has been proposed
by many as a solution to the maternal health crisis. Remote patient
monitoring (RPM) is a technology that allows a provider to monitor a
patient outside of a traditional clinical setting, like a patient's home
or a remote area. The American College of Obstetricians and Gynecolo-
gists (ACOG) have endorsed the use of RPM services to improve maternal
morbidity and mortality. In fact, ACOG has recommended State Medicaid
agencies urge their participating health care practitioners to utilize
RPM services where appropriate.**
While NYS Medicaid provides coverage for RPM services, the guidance is
ambiguous for providers and therefore, services like remote ultrasound
scans and remote fetal non-stress tests are not utilized to the extent
they should be. This bill would clarify and codify in statute that
remote ultrasound scans and remote fetal non-stress tests are fully
covered by Medicaid.
Other states have also begun to address this issue. Ohio's FY 24 budget
includes language to require Medicaid coverage for remote fetal non-
stress tests and remote ultrasounds and Georgia recently established a
2-year 'pilot program to ensure-coverage for all maternal health related
RPM services. New Jersey and Pennsylvania lawmakers have introduced
similar legislation to ensure coverage of these services.
By clarifying coverage of remote ultrasounds and fetal non-stress tests,
providers will be more likely to utilize these services which will
enhance access to prenatal care for birthing people who reside in
healthcare desserts or for those that struggle with cost barriers like
transportation or taking time off from work for a doctor's visit. While
RPM services are not meant to replace the traditional standard of prena-
tal care, access to these remote interventions will undeniably enhance
access to care and ultimately improve health outcomes for New York's
mothers and babies.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
* Gunja, M. Z., Tikkanen, R., Seervai, S., Collins, S.R. (2018, December
19). What is the status of women's health and health care in the U.S.
compared to ten other countries? The Commonwealth Fund.
https://www.commonwealthfund.org/publications/issuebriefs/2018/dec/women
s-health-us-compared-ten-other-countries
** American College of Obstetricians and Gynecologists. (2020, May).
Telehealth and remote patient monitoring for pregnant and postpartum
woman. https://www.acog.org/advocacy/-
/media/a211a70996ab47a28c3a0afdb43d2f86.ashx
STATE OF NEW YORK
________________________________________________________________________
8168
2023-2024 Regular Sessions
IN ASSEMBLY
October 18, 2023
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
AN ACT to amend the social services law, in relation to providing Medi-
caid coverage for remote ultrasound scans and remote fetal non-stress
tests
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (jj) of subdivision 2 of section 365-a of the
2 social services law, as added by section 1 of part CCC of chapter 56 of
3 the laws of 2022, is amended to read as follows:
4 (jj) pre-natal and [post-partum] postpartum care and services for the
5 purpose of improving maternal health outcomes and reduction of maternal
6 mortality when such services are recommended by a physician or other
7 health care practitioner authorized under title eight of the education
8 law, and provided by qualified practitioners. Such services shall
9 include but not be limited to nutrition services provided by certified
10 dietitians and certified nutritionists; care coordination, case manage-
11 ment, and peer support; patient navigation services; services by
12 licensed clinical social workers; dyadic services; Bluetooth-enabled
13 devices for remote patient monitoring; remote ultrasound scans; remote
14 fetal non-stress tests and other services determined by the commissioner
15 of health; provided, however, that the provisions of this paragraph
16 shall not take effect unless there is federal financial participation.
17 Nothing in this paragraph shall be construed to modify any licensure,
18 certification or scope of practice provision under title eight of the
19 education law.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13284-01-3
