A08392 Summary:

BILL NOA08392A
 
SAME ASSAME AS S03010-A
 
SPONSORPaulin
 
COSPNSRGunther, Rosenthal L, Gottfried, Englebright, Woerner, Fahy, Rodriguez, Barron, Taylor, Carroll, Jacobson, Griffin, Simon, Seawright, Ashby, Sayegh, Burdick, Jean-Pierre, McDonald, Gonzalez-Rojas, Forrest
 
MLTSPNSRGalef, Lupardo, McDonough, Perry
 
Add §2506-a, Pub Health L; amd §2343, Ins L
 
Provides for a premium reduction for physicians and licensed midwives who complete a risk management strategies course in obstetrics or midwifery.
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A08392 Actions:

BILL NOA08392A
 
10/20/2021referred to health
01/05/2022referred to health
01/25/2022reported referred to ways and means
04/28/2022amend and recommit to ways and means
04/28/2022print number 8392a
05/09/2022reported referred to rules
05/23/2022reported
05/23/2022rules report cal.321
05/23/2022substituted by s3010a
 S03010 AMEND=A RAMOS
 01/27/2021REFERRED TO HEALTH
 04/19/20211ST REPORT CAL.662
 04/20/20212ND REPORT CAL.
 04/21/2021ADVANCED TO THIRD READING
 05/11/2021PASSED SENATE
 05/11/2021DELIVERED TO ASSEMBLY
 05/11/2021referred to health
 01/05/2022died in assembly
 01/05/2022returned to senate
 01/05/2022REFERRED TO HEALTH
 03/15/20221ST REPORT CAL.707
 03/21/20222ND REPORT CAL.
 03/22/2022ADVANCED TO THIRD READING
 03/23/2022PASSED SENATE
 03/23/2022DELIVERED TO ASSEMBLY
 03/23/2022referred to ways and means
 05/17/2022RECALLED FROM ASSEMBLY
 05/17/2022returned to senate
 05/17/2022VOTE RECONSIDERED - RESTORED TO THIRD READING
 05/17/2022AMENDED ON THIRD READING 3010A
 05/23/2022REPASSED SENATE
 05/23/2022RETURNED TO ASSEMBLY
 05/23/2022referred to ways and means
 05/23/2022substituted for a8392a
 05/23/2022ordered to third reading rules cal.321
 05/23/2022passed assembly
 05/23/2022returned to senate
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A08392 Committee Votes:

HEALTH Chair:Gottfried DATE:01/25/2022AYE/NAY:25/0 Action: Favorable refer to committee Ways and Means
GottfriedAyeByrneAye
GalefAyeMcDonoughAye
DinowitzAyeByrnesAye
CahillAyeAshbyAye
PaulinAyeMillerAye
CymbrowitzAyeSalkaAye
GuntherAyeJensenAye
Rosenthal L Aye
HevesiAye
SteckAye
AbinantiAye
BraunsteinAye
SolagesAye
BichotteAye
SayeghAye
Rosenthal D Absent
McDonaldAye
ReyesAye
Gonzalez-RojasAye

WAYS AND MEANS Chair:Weinstein DATE:05/09/2022AYE/NAY:34/0 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickAye
NolanExcusedHawleyAye
PretlowAyeMontesanoAye
ColtonAyeBlankenbushAye
CookAyeNorrisAye
CahillAyeBrabenecAye
AubryAyePalmesanoAye
CusickAyeByrneAye
BenedettoAyeAshbyAye
WeprinAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye
WalkerAye
BichotteAye

RULES Chair:Heastie DATE:05/23/2022AYE/NAY:28/0 Action: Favorable
HeastieExcusedBarclayAye
GottfriedAyeHawleyAye
NolanAyeGiglioAye
WeinsteinAyeBlankenbushAye
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensExcused
DavilaAye
HyndmanExcused

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A08392 Floor Votes:

There are no votes for this bill in this legislative session.
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A08392 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8392A
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the public health law and the insurance law, in relation to premium reduction for obstetric practitioners who complete a risk management strategies course   PURPOSE OR GENERAL IDEA OF BILL: To improve birth outcomes and to promote informed consultation by patients with their physicians and licensed midwives.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the public health law by adding a new section 2506-a that provides that the commissioner of health shall approve professional education courses for eligible physicians and licensed midwives that cover risk management strategies in obstetrics, including information on potential risks and strategies to fully inform patients of risks associ- ated with their decisions. Such courses shall be subject to standards as the commissioner shall prescribe by regulation. Physicians and licensed midwives who successfully complete a risk reduction course may receive continuing medical education credit and a certificate of completion. Topics to be included in such course are provided. Attendance at any course approved by the commissioner may be in person or through distance learning methods. The commissioner is authorized to prescribe any rules and regulations necessary and shall consult with the Superintendent of Financial Services. Section two amends section 2343 of the insurance law by amending subsection (e) and adding a new subsection (f). Subsection (e) provides that the superintendent shall approve an actuarially appropriate premium reduction for an insured physician or licensed midwife who successfully completes a risk management course or a risk management course in obstetrics and midwifery. Subsection (f) provides that an insured physi- cian or licensed midwife who successfully completes a course authorized by the commissioner of health shall not be eligible for additional premium reductions during the period set forth in the superintendent's regulations. Section three provides the effective date.   JUSTIFICATION: In order for a woman to determine the most appropriate mode of delivery in light of her individual circumstances, it is critical that she be fully informed about the risks of each birth option as well as consider- ations regarding options for labor. For example, cesarean delivery has been shown to imply a higher risk of maternal death, a longer recovery time and operative complications as well as a higher risk of unexplained stillbirths in subsequent pregnancies and respiratory problems of the newborn. Elective cesarean deliveries (cesareans performed in the absence of medical indication) are considered by many to account for the significant rise in cesarean births. To promote informed consultation with patients during pregnancy by their physicians and licensed midwives, physicians and licensed midwives should be knowledgeable of current, evidence-based information regarding options for labor and delivery, including potential risks. This bill will provide eligible physicians and licensed midwives with the opportu- nity, through approved professional risk management strategies in obstetrics and midwifery education courses, to stay well-versed in the considerations and concerns that should be taken into account regarding available options while providing a possible insurance premium reduction. Obstetrics and gynecology is considered among the specialties at highest risk for malpractice claims and most severely affected by rising insur- ance premiums. The increases in medical malpractice, premiums discourage licensed midwives from practicing in New York State and have caused many OBGYNs to retire early, drop high-risk obstetric patients, or to drop obstetric services altogether. Physicians and licensed midwives will thereby be better able to educate their patients so that they can make informed decisions regarding their labor and delivery. In facilitating greater education of physicians and licensed midwives and their patients, resulting in more informed deci- sion-making by patients, we will enhance our ability to improve birth as well as maternal and neonatal outcomes.   PRIOR LEGISLATIVE HISTORY: A.568 of 2019, vetoed. Same as S.3158 of 2019, vetoed. A.275 of 2017 and 2018, ordered to third reading in 2018. Same as 5.3705 of 2017 and 2018, reported to insurance in both years. A.115A of 2015 and 2016, passed Assembly in 2015 and was ordered to a third reading in 2016. A.414-A, 2013 and 2014 passed Assembly. Same as S.4488-A of 2015 and 2015, committed to insurance in both years. S.1674-A, 2013 and 2014 committed to finance. A.344-B, 2011 referred to ways and means, and 2012 passed Assembly. Same as 5.5153-B, 2011 and 2012 reported to finance. A.759, 2009 and 2010 referred to health. A.8125-B, 2007 and 2008 advanced to third reading.   FISCAL IMPLICATION: None to the state.   EFFECTIVE DATE: This act shall take effect one year after it shall have become a law and shall apply to all insurance policies and contracts issued, renewed, modified or altered on and after such, effective date.
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A08392 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8392--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 20, 2021
                                       ___________
 
        Introduced  by M. of A. PAULIN, GUNTHER, L. ROSENTHAL, GOTTFRIED, ENGLE-
          BRIGHT, WOERNER, FAHY,  TAYLOR,  CARROLL,  JACOBSON,  GRIFFIN,  SIMON,
          SEAWRIGHT,  ASHBY,  SAYEGH, BURDICK, JEAN-PIERRE -- Multi-Sponsored by
          -- M. of A. GALEF, LUPARDO, McDONOUGH -- read once and referred to the
          Committee on Health -- recommitted  to  the  Committee  on  Health  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN ACT to amend the public health law and the insurance law, in relation
          to  premium  reduction for obstetric practitioners who complete a risk
          management strategies course
 
          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  2506-a to read as follows:
     3    § 2506-a. Risk  management  strategies  in  obstetrics  and  midwifery
     4  courses.  1.  In  order to improve patient safety, birth outcomes and to
     5  promote informed consultation by  patients  with  their  physicians  and
     6  licensed midwives during the prenatal through intrapartum and postpartum
     7  periods,  the  commissioner shall approve professional education courses
     8  for eligible physicians and licensed midwives as provided in subdivision
     9  four of this section that covers risk management strategies  in  obstet-
    10  rics and midwifery as described in subdivision two of this section. Such
    11  risk management strategies courses shall be subject to such standards as
    12  the  commissioner may prescribe by regulation. In prescribing such regu-
    13  lations, the commissioner may consult  with  the  American  Congress  of
    14  Obstetricians  and Gynecologists, New York State Association of Licensed
    15  Midwives and other health care organizations. An eligible  physician  or
    16  licensed midwife who successfully completes such risk management strate-
    17  gies  course  pursuant  to this section shall receive continuing medical
    18  education credit and a certificate of completion.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06666-02-2

        A. 8392--A                          2
 
     1    2.  Courses on risk management strategies during the prenatal  through
     2  intrapartum and postpartum periods shall promote evidence-based clinical
     3  guidelines  and  patient  safety  protocols  from both the midwifery and
     4  obstetrical perspectives. Options for courses should be appropriate  for
     5  the  respective  profession  and  may  include information and education
     6  addressing risks associated with the practice of obstetrics and  midwif-
     7  ery.  Course  options  may  include issues such as: methods to eliminate
     8  non-medically indicated (elective) deliveries prior to thirty-nine weeks
     9  gestation including the neonatal impact of late preterm births;  vaginal
    10  births  after cesarean births and the applicability to a trial of labor;
    11  reductions in cesarean births; monitoring of fetal  well-being;  manage-
    12  ment  of  pain  in  labor;  management of maternal hemorrhage, including
    13  placenta accreta, hypertension in pregnancy, including pre-eclampsia and
    14  eclampsia, vaginal breech and prevention of shoulder dystocia; and other
    15  evidence-based guideline determined issues that  improve  the  care  and
    16  outcomes of women.
    17    3.  Attendance  at any course approved by the commissioner pursuant to
    18  this section may be in person or through distance learning methods which
    19  evince that all participants are in attendance for the duration  of  the
    20  course and able to ask questions of the instructor.
    21    4.  Physicians  who  are  board certified or are active candidates for
    22  board certification in obstetrics and physicians who are board certified
    23  or are eligible for board certification in family practice  and  provide
    24  obstetric services and midwives who are licensed in the state are eligi-
    25  ble for a risk management strategies course.
    26    5.  The  commissioner  is  authorized to prescribe any rules and regu-
    27  lations necessary to implement this section. In prescribing  such  rules
    28  and  regulations,  the  commissioner  shall consider the rules and regu-
    29  lations promulgated by the superintendent of financial services pursuant
    30  to subsection (e) of section two thousand three hundred  forty-three  of
    31  the  insurance  law and may consult with the superintendent of financial
    32  services.
    33    § 2. Subsection (e) of section 2343 of the insurance law, as added  by
    34  chapter  642 of the laws of 1990, is amended and a new subsection (f) is
    35  added to read as follows:
    36    (e) The superintendent may approve an actuarially appropriate  premium
    37  reduction  for an insured physician or licensed midwife who successfully
    38  completes a risk management course or a course authorized by the commis-
    39  sioner of health under section two thousand five hundred  six-a  of  the
    40  public  health law, which must be approved by the superintendent subject
    41  to such standards as the superintendent may prescribe by regulation.  In
    42  prescribing  such  regulation  the  superintendent  may consult with the
    43  commissioner of health.
    44    (f)  An  insured  physician  or  licensed  midwife  who   successfully
    45  completes  a  course  authorized  by  the  commissioner  of health under
    46  section two thousand five hundred six-a of the public health  law  shall
    47  not,  during  the  period  set forth in the superintendent's regulations
    48  prescribing standards for the premium reduction, also  be  eligible  for
    49  additional  premium  reduction  for  an  insured  physician  or licensed
    50  midwife's medical malpractice insurance policy for successful completion
    51  of a risk management course approved by the  superintendent  under  part
    52  152 of title 11 of the New York code of rules and regulations.
    53    §  3. This act shall take effect one year after it shall have become a
    54  law and shall apply to all  insurance  policies  and  contracts  issued,
    55  renewed,  modified  or  altered  on  and  after such effective date. The
    56  commissioner of health and the superintendent of financial services  are

        A. 8392--A                          3
 
     1  authorized  and  directed to adopt, amend, suspend or repeal regulations
     2  and take other actions necessary for  the  implementation  of  this  act
     3  prior  to  such  effective  date; provided, however, that such adoption,
     4  amendment,  suspension  or  repeal  of  regulations shall not have legal
     5  effect until this act takes effect.
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