Rpld Art 25 Title 6-A, Pub Health L (as proposed in S.1867-A & A.5435-A); add §365-p, Soc Serv L
Directs the state department of social services to establish and maintain a community doula directory for doulas for the purposes of Medicaid reimbursement and promoting doula services to Medicaid recipients.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8529
SPONSOR: Solages TITLE OF BILL:
An act to amend the social services law, in relation to the New York
state community doula directory; and to repeal certain provisions of the
public health law relating thereto
PURPOSE:
To make clarifying changes of terms and to move the New York state
Services Law.
SUMMARY OF PROVISIONS:
This bill amends Chapter 607 of the Laws of 2023 by changing the
location of the New York State community doula registry from the Public
Health Law to the Social Services Law, as the law relates to Medicaid.
The bill also changes the term "childbirth" to "pregnancy" to clarify
that doula services are covered for Medicaid members even when their
pregnancy does not end in childbirth.
JUSTIFICATION:
The United States is facing a maternal health crisis, with the rates of
mortality higher than other similarly developed nations. In 2020, the
United States mortality rate was 23.8 deaths per 100,000 live births.
This maternal mortality rate is three times higher than the rate of
France, which holds the second highest rate for industrialized coun-
tries. This maternal mortality rate has continually increased since
2018.
In the United States, the mortality rate for Black mothers is dispropor-
tionately higher than that for White women. This statistic also applies
to New York State, where Black women die from pregnancy-related causes
at three times the rate of White women. Further, in New York City,
Black women are twelve times as likely to suffer a pregnancy-related
death.
New York State lacks adequate and equitable health care for pregnant
people. This growing issue needs a solution. Doula care is a promising
approach to combating disparities in maternal health. Doulas offer
prenatal, intranatal, and postpartum care to provide support and comfort
to birthing people. Growing research shows that doula care improves
health outcomes for both pregnant people and newborn babies, including
higher breastfeeding initiation rates, fewer low-birth weight babies,
and lower rates of cesarean births.
Despite the benefits of doula care, only a small percentage of pregnant
people use a doula due to lack of information and economic barriers.
Furthermore, Black women are the most likely to want doula services, yet
face the largest barriers in accessing them New York State can improve
access to doula services by creating a centralized location for pregnant
people to Connect with qualified local doulas. A community doula direc-
tory will provide a cascading benefit in all spectrums of maternal care
in New York.
These amendments reflect the intention of A5435-A of 2022 by moving the
New York State community doula directory from the Public Health Law to
the Social Services Law, as the terms of the bill relate to Medicaid
coverage. The bill also clarifies that pregnant individuals are eligible
for Medicaid coverage of doula services prior to childbirth, and when
the individual's pregnancy does not result in childbirth, by changing
the term "childbirth" to "pregnancy." These changes ensure that eligible
individuals enrolled in Medicaid that request and deserve comprehensive
doula services will have a central location to connect with Medicaid
enrolled doulas.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending the public health law relating to
establishing the New York state community doula directory for doulas
serving Medicaid patients, as proposed in legislative bills numbers S.
1867-A and A. 5435-A, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8529
IN ASSEMBLY
January 5, 2024
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to the New York
state community doula directory; and to repeal certain provisions of
the public health law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Title 6-A of article 25 of the public health law, as added
2 by a chapter of the laws of 2023 amending the public health law relating
3 to establishing the New York state community doula directory for doulas
4 serving Medicaid patients, as proposed in legislative bills numbers S.
5 1867-A and A. 5435-A, is REPEALED.
6 § 2. The social services law is amended by adding a new section 365-p
7 to read as follows:
8 § 365-p. Doulas for Medicaid. 1. Definitions. (a) For the purposes of
9 this section, "doula" means a trained person who provides continuous
10 physical, emotional, and informational support to a pregnant person and
11 the family of such pregnant person during or a reasonable time after
12 pregnancy.
13 (b) A doula may provide services in hospitals, birthing centers, at
14 home deliveries and other community settings.
15 2. New York state community doula directory. (a) The department shall
16 establish and maintain a community doula directory for doulas on the
17 department's internet website for the purposes of Medicaid reimbursement
18 and promoting doula services to Medicaid recipients.
19 (b) The directory shall include the following information concerning
20 doulas such as:
21 (i) the name of the doula who provides doula services;
22 (ii) the address and location of where the doula provides doula
23 services;
24 (iii) the name of each Medicaid provider that employs or contracts
25 with a doula to provide doula services to eligible Medicaid recipients;
26 (iv) the doula's national provider identification number, if applica-
27 ble; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04573-04-4
A. 8529 2
1 (v) all documentation of criteria pursuant to subdivision three of
2 this section.
3 (c) The department shall determine the method of registration and the
4 documentation required to verify such criteria has been met.
5 (d) Each doula shall be responsible for completing the requirements
6 pursuant to subdivision three of this section.
7 (e) The department shall not impose any fee on any doula to register
8 for admittance into the New York state community doula directory.
9 (f) The community doula directory shall be publicly accessible at no
10 cost to the doula or birthing person looking to hire a doula in their
11 community.
12 3. Criteria for admittance into the New York state community doula
13 directory. (a) Each doula seeking Medicaid reimbursement shall apply to
14 be registered in the New York state community doula directory.
15 (b) A doula shall submit to the department a certified copy of such
16 doula's certification from a doula educational organization or by demon-
17 stration of satisfactory proficiency pursuant to this subdivision, and
18 his, her, or their full name, address, phone number, email address, and
19 if applicable, their national provider identification number.
20 § 3. This act shall take effect on the same date and in the same
21 manner as a chapter of the laws of 2023 amending the public health law
22 relating to establishing the New York state community doula directory
23 for doulas serving Medicaid patients, as proposed in legislative bills
24 numbers S. 1867-A and A. 5435-A, takes effect.
