Rpld §1, amd §2, Chap of 2024 (as proposed in S.7702-A & A.8207-A); amd §2500, Pub Health L
 
Requires the department of health to evaluate and make recommendations related to maternal health care and birthing best practices; repeals certain provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A914
SPONSOR: Clark
 
TITLE OF BILL:
An act to amend the public health law, in relation to requiring the
department of health to evaluate and make recommendations related to
maternal health care and birthing best practices; to amend a chapter of
the laws of 2024 requiring the department of health to convene a mater-
nal health care and birthing standards workgroup, as proposed in legis-
lative bills numbers S. 7702-A and A. 8207-A, in relation to the effec-
tiveness thereof; and to repeal section 1 of such chapter
 
PURPOSE:
To make changes to maternal health care and birthing standards and
reporting requirements to ensure patients receive the highest quality
care.
 
SUMMARY OF PROVISIONS:
This bill would require the commissioner of health in conjunction with
healthcare providers to evaluate and make recommendations on best prac-
tices in relation to maternal health care and birthing standards. This
bill would also require the department of health to publish the report
through the department's website. This bill would also extend the effec-
tive date to one hundred and eighty days after its enactment and removes
the expiration 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. New
York ranks 22nd for highest maternal mortality rate nationwide. From
2018-2020, the NYS Department of Health reported a maternal mortality
rate of 19.3 per 100,000 live births. Additionally, long range studies
indicate increases in the rates of severe maternal morbidity, including
near death and unexpected life-threatening outcomes. Rates of Severe
Maternal Morbidity increase exponentially for birthing people of color
and those living in rural communities.
This bill would remove the reporting requirement for the workgroup, as
the workgroup is no longer being formed. The Department, in consultation
with stakeholders, will publish best practices, as prescribing standards
is outside the purview of the Department of Health. The effective date
is extended to ensure enough time for the department to provide guide-
lines to best practices.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
BUDGET IMPLICATIONS:
None noted.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that sections
one and two of this act shall take effect on the same date and 28 in the
same manner as a chapter of the laws of 2024 requiring the department of
health to convene a maternal health care and birthing 2 standards work-
group, as proposed in legislative bills numbers S. 7702-A 3 and A.
8207-A, takes effect.
STATE OF NEW YORK
________________________________________________________________________
914
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to requiring the
department of health to evaluate and make recommendations related to
maternal health care and birthing best practices; to amend a chapter
of the laws of 2024 requiring the department of health to convene a
maternal health care and birthing standards workgroup, as proposed in
legislative bills numbers S. 7702-A and A. 8207-A, in relation to the
effectiveness thereof; and to repeal section 1 of such chapter
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of a chapter of the laws of 2024 requiring the
2 department of health to convene a maternal health care and birthing
3 standards workgroup, as proposed in legislative bills numbers S. 7702-A
4 and A. 8207-A, is REPEALED.
5 § 2. Subdivisions 3 and 4 of section 2500 of the public health law are
6 renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
7 as follows:
8 3. a. The commissioner shall, in conjunction with hospitals, obstetri-
9 cians, midwives, doulas, maternal health care provider organizations;
10 mental health care provider organizations; and any additional stakehold-
11 ers that the commissioner deems necessary, evaluate and make recommenda-
12 tions related to the development of maternal health care and birthing
13 best practices which support each patient receiving the highest quality
14 of care. These recommendations shall include, but not be limited to,
15 best practices for every patient to receive:
16 (i) fair, courteous and respectful culturally competent care free of
17 discrimination;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02857-01-5
A. 914 2
1 (ii) accurate and judgment-free advice and recommendations that allow
2 for informed decision making and consent regarding care and treatment,
3 including risks, benefits, outcomes and alternative procedures;
4 (iii) clear, concise and easily understood information about their
5 care and treatment outcomes, medical team and birthing options, the
6 policies and procedures of the hospital or birthing center, and
7 resources available to them;
8 (iv) an opportunity to discuss their birthing preferences with their
9 care team and have such preferences documented; and
10 (v) adequate support during their pregnancy, labor and childbirth,
11 including access to doula and mental health services.
12 b. No later than one year after the effective date of this subdivision
13 the commissioner shall publish such recommendations on the department of
14 health's website and update all relevant materials provided to the
15 public through the department to reflect these standards. Such recommen-
16 dations shall be updated at least once after publishing and as necessary
17 thereafter.
18 § 3. Section 2 of a chapter of the laws of 2024 requiring the depart-
19 ment of health to convene a maternal health care and birthing standards
20 workgroup, as proposed in legislative bills numbers S. 7702-A and A.
21 8207-A, is amended to read as follows:
22 § 2. This act shall take effect on the [ninetieth] one hundred eight-
23 ieth day after it shall have become a law [and shall expire 2 years
24 after such effective date when upon such date the provisions of this act
25 shall be deemed repealed].
26 § 4. This act shall take effect immediately; provided, however, that
27 sections one and two of this act shall take effect on the same date and
28 in the same manner as a chapter of the laws of 2024 requiring the
29 department of health to convene a maternal health care and birthing
30 standards workgroup, as proposed in legislative bills numbers S. 7702-A
31 and A. 8207-A, takes effect.