Amd §2500-k, Pub Health L; amd §3, Chap of 2024 (as proposed in S.2039-B & A.2870-B)
Requires the commissioner of health to consult with the office of addiction services and supports and relevant stakeholders as determined by such commissioner in addition to the office of mental health to publish guidance for incorporating maternal depression screenings into routine prenatal care; changes the effective date to eighteen months.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1025
SPONSOR: Solages TITLE OF BILL:
An act to amend the public health law, in relation to requiring the
commissioner of health to consult with the office of addiction services
and supports to publish certain guidance on maternal depression screen-
ings, and to amend a chapter of the laws of 2024 amending the public
health law relating to maternal depression screenings, as proposed in
legislative bills numbers S. 2039-B and A. 2870-B, in relation to the
effectiveness thereof
PURPOSE:
To ensure that maternal health care patients are screened for maternal
depression.
SUMMARY OF PROVISIONS:
This bill amends Chapter 644 of the Laws of 2024 by requiring the inclu-
sion of the Office of Addiction Services and Supports and clarifying
that the obligations are to publish guidance for maternal health screen-
ings, in recognition of existing guidance and standards. This bill
would also provide the Department of Health with eighteen months to
publish this guidance.
JUSTIFICATION:
According to the American College of Obstetricians and Gynecologists
(ACOG), maternal mental health conditions affect 20W of all birthing
people and alarmingly, 40% of Black birthing persons during pregnancy or
postpartum. It is estimated that over half of the instances of maternal
depression in women of color go unreported. ACOG has recommended that
postpartum care should be an ongoing process rather than a single
encounter and that all women and gestational parents have with their
OB-GYNs within the first three weeks postpartum.
This bill would maintain a requirement for the Commissioner of Health to
publish guidance and adds that the Department may make use of preexist-
ing medical guidance. To reflect the Department of Health's estimated
timeline for the regulatory and administrative process, the bill
provides two years for the regulations to take effect, provided that
actions necessary to implement this regulatory relief can take effect
immediately.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
one of this act shall take effect on the same date and in the same
manner as a chapter of the laws of 2024 amending the public health law
relating to maternal depression screenings, as proposed in legislative
bills numbers S. 2039-B and A. 2870-B, takes effect.
STATE OF NEW YORK
________________________________________________________________________
1025
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring the
commissioner of health to consult with the office of addiction
services and supports to publish certain guidance on maternal
depression screenings, and to amend a chapter of the laws of 2024
amending the public health law relating to maternal depression screen-
ings, as proposed in legislative bills numbers S. 2039-B and A.
2870-B, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 2500-k of the public health law,
2 as added by a chapter of the laws of 2024 amending the public health law
3 relating to maternal depression screenings, as proposed in legislative
4 bills numbers S. 2039-B and A. 2870-B, is amended to read as follows:
5 3. Maternal depression screenings. (a) The commissioner, in consulta-
6 tion with the office of mental health, the office of addiction services
7 and supports, and other relevant stakeholders as determined by the
8 commissioner, shall [develop and] publish guidance [and standards] for
9 incorporating maternal depression screenings into routine perinatal
10 care. This guidance shall include, but not be limited to, recommenda-
11 tions and best practices related to:
12 (i) when maternal health care providers should initiate maternal
13 depression screenings and how often such screenings should be repeated
14 throughout pregnancy and the postpartum period;
15 (ii) screening for social needs that may contribute to maternal
16 depression such as social support, intimate partner violence, food and
17 housing insecurity, diaper insecurity, and barriers to appropriate
18 healthcare;
19 (iii) screening for substance use disorders;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02804-01-5
A. 1025 2
1 (iv) referrals for appropriate follow-up evaluation, diagnosis, and
2 treatment; and
3 (v) reimbursement methodologies to incentivize provider participation.
4 (b) The commissioner, in consultation with the office of mental
5 health, the office of addiction services and supports, and other rele-
6 vant stakeholders as determined by the commissioner, shall identify
7 existing information and training programs designed to [support] inform
8 providers in an effort to promote maternal depression screening and
9 treatment, and publish the links to such information and training
10 programs on the department's website. The identified information and
11 training programs shall include the following topics:
12 (i) health equity;
13 (ii) implicit bias and cultural competency;
14 (iii) screening, referral and treatment options;
15 (iv) patient resources and available services;
16 (v) patients' rights;
17 (vi) pharmacotherapy;
18 (vii) trauma-informed, patient-centered care; and
19 (viii) other topics as identified by the commissioner.
20 § 2. Section 3 of a chapter of the laws of 2024 amending the public
21 health law relating to maternal depression screenings, as proposed in
22 legislative bills numbers S. 2039-B and A. 2870-B, is amended to read as
23 follows:
24 § 3. This act shall take effect [on the one hundred eightieth day]
25 eighteen months after it shall have become a law. Effective immediately,
26 the addition, amendment and/or repeal of any rule or regulation neces-
27 sary for the implementation of this act on its effective date are
28 authorized to be made and completed on or before such effective date.
29 § 3. This act shall take effect immediately; provided, however, that
30 section one of this act shall take effect on the same date and in the
31 same manner as a chapter of the laws of 2024 amending the public health
32 law relating to maternal depression screenings, as proposed in legisla-
33 tive bills numbers S. 2039-B and A. 2870-B, takes effect.
