NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3350
SPONSOR: Cunningham TITLE OF BILL:
An act to amend the public health law, in relation to including statis-
tics on childbirth complications, fetal losses, and other injuries in
information leaflets for maternity patients
PURPOSE OR GENERAL IDEA OF BILL:
To expand the information hospitals and the Department of Health are
currently required to provide to maternity patients and the public to
include details on maternal outcomes, including deaths and injuries, and
the racial makeup of those outcomes.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 2 of section 2803-j of the Public Health
Law to require additional information be reported on hospital informa-
tion leaflets for maternity patients concerning birth outcomes, maternal
deaths, and racial disparities of those outcomes.
Section 2 provides for an immediate effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
The United States has the highest maternal death rate among the world's
developed nations, with 26.4 deaths per 100,000 births (NIH 2019). While
other countries have been improving, U.S. rates continue to worsen. It
is estimated that over half of the 700 annual maternal deaths could be
prevented by better care (CDC). New York currently ranks 30th out of 50
states in its maternal death rate. The rate of maternal mortalities in
New York has risen from 15.4 per 100,000 live births in 2001-2003 to
19.6 per 100,000 in 2014-2016 (New York State Taskforce on Maternal
Mortality and Disparate Racial Outcomes 2019).
Despite recent increased attention and focus on this issue by policymak-
ers, such as the creation of Maternal Mortality Review Committees,
alarming cases continue to occur in our state of women, particularly
women of color, dying during or following childbirth. In light of the
recent cases and urgency to bring about real change, women and their
families are asking for more information and transparency. This legis-
lation requires that more detailed information on maternal outcomes and
maternal deaths at hospitals in New York State, in addition to their
racial disparities, is made available. Transparency often helps shine a
light that can lead to change. New Yorkers deserve nothing less.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.5509/S.3052 - Referred to Health
2019-20: A.10885/S.8729 - Referred to Health
FISCAL IMPLICATIONS FOR STATE AN LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
3350
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to including statis-
tics on childbirth complications, fetal losses, and other injuries in
information leaflets for maternity patients
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 2803-j of the public health law,
2 as amended by chapter 62 of the laws of 1996 and paragraph (m) as
3 amended by chapter 431 of the laws of 2004, is amended to read as
4 follows:
5 2. Such leaflet shall also include statistics relating to the annual
6 percentage of maternity related procedures performed, maternal outcomes
7 and maternal deaths at such hospital or birth center, as provided by the
8 commissioner, including but not limited to the following:
9 (a) the annual number and percentage of total deaths resulting from
10 complications during childbirth, for the period between childbirth and
11 six weeks after delivery, and the top six complications from pregnancy
12 and delivery that result in such deaths broken down by the age and race
13 of the mother;
14 (b) the annual number of third trimester fetal losses and stillbirths
15 occurring the hospital or birth center;
16 (c) the annual number and percentage of hemorrhages and injuries moth-
17 ers sustain related to childbirth including damage to tissue and organs
18 during cesarean birth, third and fourth degree tearing, broken down by
19 the age and race of the mother;
20 (d) the annual rate of cesarean sections, primary, repeat and total,
21 performed at such facility;
22 [(b)] (e) the annual percentage of women with previous cesarean
23 sections who have had a subsequent successful vaginal birth;
24 [(c)] (f) the annual percentage of deliveries by midwives;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07714-01-3
A. 3350 2
1 [(d)] (g) the annual percentage of births utilizing electronic fetal
2 monitoring listed on the basis of external and internal;
3 [(e)](h) the annual percentage of births utilizing forceps, listed on
4 the basis of low forceps delivery and mid forceps delivery;
5 [(f)] (i) the annual percentage of breech births delivered vaginally;
6 [(g)] (j) the annual percentage of births utilizing analgesia;
7 [(h)] (k) the annual percentage of births utilizing anesthesia includ-
8 ing general, spinal, epidural, and paracervical listed on the basis of
9 vaginal and cesarean births;
10 [(i)] (l) the annual percentage of births utilizing induction of
11 labor;
12 [(j)] (m) the annual percentage of births utilizing augmentation of
13 labor;
14 [(k)] (n) the annual percentage of vaginal births utilizing episioto-
15 mies;
16 [(l)] (o) whether birthing rooms are available for use in the facili-
17 ty;
18 [(m)] (p) whether rooming-in is available in the facility, on the
19 basis of twenty-four hours a day or daytime.
20 § 2. This act shall take effect immediately.
