NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3280A
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the insurance law, in relation to enacting the Eli Park-
er Levitt law
PURPOSE:
This act shall be known and may be cited as the "Eli Parker Levitt Law."
The purpose of this bill is to require commercial health insurance
coverage of medically necessary transvaginal ultrasounds when recom-
mended by nationally recognized clinical practice guidelines.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would require individual, group, and Article 43 commercial
health insurance policies provide coverage of medically necessary tran-
svaginal ultrasounds when recommended by nationally recognized clinical
practice guidelines. For the purposes of this legislation, nationally
recognized clinical practice guidelines means evidence-based clinical
practice guidelines informed by a systematic review of evidence and an
assessment of the benefits, and risks of alternative care options
intended to optimize patient care developed by independent organizations
or medical professional societies utilizing a transparent methodology
and reporting structure and with a conflict of interest policy.
JUSTIFICATION:
Carolyn Spiro Levitt and her husband, Josh, lost their son Eli Parker
Levitt, when he was born at 23 weeks in 2020. At 20 weeks, Carolyn was
told during a routine appointment that she was three centimeters dilat-
ed, nearly fully effaced, and about to go into labor due to a condition
cruelly named an "incompetent cervix". Prior to that, the Levitt's were
led to believe that everything was fine with their pregnancy. The condi-
tion Carolyn developed can be treated and addressed if caught in time
through easy-to-conduct testing. Because Carolyn was not tested for the
condition earlier in her pregnancy, their son, Eli Levitt, passed away
after being born early.
This legislation is named the "Eli Parker Levitt Law" to honor his memo-
ry and ensure other families are spared a similar tragedy through earli-
er screening and intervention.
An incompetent cervix, also called a cervical insufficiency, is a condi-
tion that occurs when weak cervical tissue causes or contributes to
premature birth or the loss of an otherwise healthy pregnancy. Before
pregnancy, a woman's cervix - the lower part of the uterus that connects
to the vagina is normally closed and rigid. As pregnancy progresses and
a woman prepares to give birth, the cervix gradually softens, decreases
in length and opens. If a woman has an incompetent cervix, the cervix
might begin to open too soon causing premature birth. Submitted in
accordance with Assembly Rule III, Sec 1(f)
Performing a test and an examination on all expecting women helps to
ensure better birth outcomes. Cervical incompetence is a known risk
factor for preterm birth and is considered responsible for 5% of
extremely preterm deliveries (<28 weeks).
The United States is one of the most dangerous developed nations for
pregnant mothers and their babies. Nearly 10% of all babies in the US
are born prematurely. Premature birth (birth before 37 weeks) and its
complications is the leading cause of death in babies in the US; of
babies who survive, many have longstanding health problems, including
cerebral palsy, developmental disabilities, chronic lung disease, and
issues with vision and hearing.
LEGISLATIVE HISTORY:
2023-24: A060420 - referred to rules
2021-22: A7741 - referred to insurance
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. •Effective immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.
