NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9648A
SPONSOR: Reyes TITLE OF BILL:
An act to amend the public health law, in relation to directing the
commissioner of health to issue a statewide standing order for the
provision of doula services
PURPOSE OR GENERAL IDEA OF BILL:
Requires the Department of Health Commissioner to issue a standing order
for doula services that waives the requirement of recommendation from a
licensed physician, eliminating unnecessary barriers for all qualifying
Medicaid providers and patients, and ensuring utilization of doula
services
SUMMARY OF PROVISIONS:
Section 1. Amends the public health law by adding a new section 206-c to
issue a non-patient specific statewide standing order for the provision
of doula services for pregnant, birthing, and postpartum individuals
through twelve months postpartum.
Section 2. Establishes the effective date.
JUSTIFICATION:
New York State ranks 23rd in the nation in maternal mortality. Pregnant
persons of low-income or from other underprivileged communities are more
likely to experience birthing challenges, complications, and even death.
Especially concerning, is that Black and American Indian/Alaska Native
birthing persons experienced pregnancy-related deaths at ratios four to
five times that of non-Hispanic white birthing persons.
In response to the growing crisis, and as a result of continued advocacy
from mothers, doulas, organizations, and legislators from across the
state, the Executive Budget outlined the inclusion of doula services to
be covered under the States Medicaid system. A State Plan Amendment was
filed in December of 2023, providing a Medicaid Benefit Design for doula
services. In this benefit design, doula services are classified as a
preventative medical service. As Medicaid providers, doulas must follow
federal guidelines to obtain a recommendation from a licensed practi-
tioner to receive reimbursement for services rendered to Medicaid
patients. The current state plan amendment requires that anyone must
obtain a signature from a licensed physician before doula services can
be provided. This requirement creates a barrier for any potential prena-
tal, birthing, or postpartum individual, who is seeking doula services.
This bill remedies this issue by requiring the Commissioner to issue a
standing order for doula services to relinquish any need for said addi-
tional signatures. It is vital to assure that all qualifying Medicaid
providers and patients have access to doula services. By issuing this
standing order for doula coverage, New York will eliminate an unneces-
sary hurdle for an extremely vulnerable population and ensure New York-
ers can utilize doula services without an individualized recommendation
from a licensed physician.
LEGISLATIVE HISTORY:
2023-24: New Bill
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9648--A
IN ASSEMBLY
March 27, 2024
___________
Introduced by M. of A. REYES -- read once and referred to the Committee
on Health -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public health law, in relation to directing the
commissioner of health to issue a statewide standing order for the
provision of doula services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 206-c to read as follows:
3 § 206-c. Special powers to issue standing orders for doula services.
4 Notwithstanding section sixty-five hundred thirty of the education law,
5 the commissioner shall issue a non-patient specific statewide standing
6 order for the provision of doula services for pregnant, birthing, and
7 postpartum individuals through twelve months postpartum.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14106-04-4
