Establishes state and New York city maternal mortality review boards and the maternal mortality and morbidity advisory council for the purpose of reviewing maternal deaths and maternal morbidity and developing and disseminating findings, recommendations, and best practices to contribute to the prevention of maternal mortality and morbidity.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3276 REVISED MEMO 03/19/2019
SPONSOR: Joyner TITLE OF BILL: An act to amend the public health law, in relation to
maternal mortality review boards and the maternal mortality and morbidi-
ty advisory council
PURPOSE OF BILL:
This legislation establishes the Maternal Mortality Review Board for the
purposes of reviewing maternal mortality and morbidity. The Board shall
assess the cause of death and factors leading, to death and preventabil-
ity for each maternal death reviewed, and to develop strategies for
reducing the risk of maternal mortality.
SUMMARY OF PROVISIONS:
The legislation adds a new Section 2509 to the Public Health Law which
establishes the Maternal Mortality Review Board for purposes of assess-
ing the cause of death and factors. leading to death and preventability
for each maternal death reviewed, and to develop strategies for.reducing
the risk of maternal mortality.
Section 2509, Subsection (b) authorizes the commissioner to enter into
an agreement with the City of New York providing that the functions of
the state board relating to maternal deaths and severe morbidity occur-
ring in the City shall be conducted by the city board, and requires the
city board to provide the state board with the results of its reviews,
relevant information in the possession of the city board, and the recom-
mendations of the city board. The department and the state board to
provide information and assistance to the city board for the performance
. of its functions.
Section 2509 Subsection 2 includes definitions of various terms.
Section 2509 Subsection 3 establishes the number of members comprising
the board, the terms office for the board members, the requirements for
a quorum of the board, and establishes a diversity requirement for the
members of the board. Among the requirements; the board shall include
health care professionals or other experts who serve and are represen-
tative of the diversity of the women and mothers in medically under-
served areas of the state or areas of the state with disproportionately
high occurrences of maternal mortality or morbidity Meetings of the
state board will be held at least twice a year, but may be held more
frequently as deemed necessary, subject to the request of the depart-
ment. Members of the state and city boards shall be indemnified and
membership on a board shall not disqualify any person from holding
public office or employment.
Section 2509 Subsection 4 authorizes the commissioner and the city
commissioner, as the case may be, to receive such information that will
help the department to properly carry out its functions, powers, and
duties. This information may include voluntary information, including
oral or written statements, relating to a maternal death and case of
severe maternal morbidity, from any family member or other interested
party (including the patient in the case of in a case of severe maternal
morbidity) relating to any case that may come before the board. Before
transmitting any information to the board, the commissioner or city
commissioner shall remove all personal identifying information of the
woman, health care practitioner or practitioners or anyone else individ-
ually named in such information, as well as the hospital or facility
that treated the woman, and any other information such as geographic
location that may inadvertently identify the woman, practitioner or
facility.
Section 2509 Subsection 5 each board shall make and report findings to
the commissioner and city commissioner, as the case may be, regarding
the causa of death, factors leading to death, and preventability of each
maternal death case, and each case of severe matern- al morbidity
reviewed by the board, and shall provide such findings and recommenda-
tions, including best practices and strategies for reducing the risk of
maternal mortality to the advisory council. Each board shall develop
recommendations to the state or city commissioner, as the case may be,
for areas of focus, including issues of severe maternal morbidity and
issues of racial, economic or other disparities in maternal outcomes.
Section 2509 Subsection 6 provides that the commissioner and the city
commissioner and the state and city boards shall each keep confidential
any information collected or received under this section that includes
personal identifying information of the woman, health care practitioner
or practitioners or anyone else individually named in such information,
as well as the hospital or facility that treated the woman, and any
other information such as geographic location that may inadvertently
identify the woman, practitioner or facility, and shall use the informa-
tion provided or received under this section solely for the purposes of
improvement of the quality of health care of women and to prevent mater-
nal mortality and morbidity. This subdivision shall not preclude the
transmitting of information to the board that is reasonably necessary to
enable the board to perform an appropriate review under this section.
All information and records received, meetings conducted, reports and
records made and maintained and all books and papers obtained by the
board shall be confidential and shall not be made open or available,
including under article six of the public officers law, and shall be
limited to board members as well as those authorized by the state or
city commissioner. Such information shall not be discoverable or admis-
sible as evidence in any action in any court or before any other tribu-
nal, board, agency or person.
Section 2509 Subsection 7 provides that the commissioner and the city
commissioner, within their respective legal authority, may use the
recommendations and findings of the boards to develop guidance and other
actions relating to best practices, and shall disseminate information
relating to that guidance and other actions to appropriate health care
providers.
Section 2509 Subsection 8 establishes an Advisory Council that may
review the findings of the boards, develop recommendations on policies,
best practices, and strategies to prevent maternal mortality and morbid-
ity, hold public hearings on those matters, make findings and issue
reports, including an annual report, on such matters, and request and
shall receive the assistance of the commissioner, the city commissioner,
and the boards in carrying out its functions. The advisory council shall
consist of at least 20 members, to be determined by the commissioner.
The commissioner and the city commissioner shall each appoint half of
the members of the council. The commissioner shall appoint the chair of
the council. The members of the council shall be comprised of multidis-
ciplinary experts and lay persons knowledgeable in the field of maternal
mortality, women's health and public health and shall include members
who serve and are representative of the diversity of the women and moth-
ers in medically underserved areas of the state or areas of the state
with disproportionately high occurrences of maternal mortality or
morbidity.
This bill does not restrict the otherwise lawful use or transmission by
the commissioner or city commissioner of information that is provided to
or required to be provided to the commissioner or city commissioner
other than by this bill.
JUSTIFICATION:
New York currently ranks 30th out of 50 states in its maternal death
rate. The issue is compounded by significant racial and ethnic dispari-
ties with black women nearly four times more likely to die during preg-
nancy and childbirth compared to white women. Moreover, severe maternal
morbidity, serious life-threatening complications of delivery, is even
more pervasive. The state must invest in mothers through creation of a
maternal mortality review board to create new strategies for the
prevention of maternal mortality and morbidity.
Development of the maternal mortality review board will provide a deeper
understanding of the causes and circumstances surrounding each maternal
death. Through convening of a multidisciplinary, diverse group of clin-
ical experts, the maternal mortality review board will facilitate a
comprehensive, confidential review of maternal deaths and develop
actionable recommendations for the prevention of future deaths.
PRIOR LEGISLATIVE HISTORY:
06/15/18 Amend and recommit to Codes,
06/05/18 Reported referred to Codes,
05/30/18 Amend and recommit to Health,
04/16/18 Referred to Health
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately.
