AB6902 Summary:

BILL NOA06902
 
SAME ASSAME AS S05625
 
SPONSORSolages
 
COSPNSRBichotte Hermelyn
 
MLTSPNSR
 
Amd 366 & 365-a, Soc Serv L; amd Art 25 Title 3 2560 - 2563, 2500-k, Pub Health L
 
Expands coverage for pregnant and postpartum individuals and their children; establishes a health expense account program for pregnant and postpartum individuals; requires the creation of informative pamphlets on maternal depression.
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AB6902 Actions:

BILL NOA06902
 
05/08/2023referred to health
01/03/2024referred to health
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AB6902 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6902
 
SPONSOR: Solages
  TITLE OF BILL: An act to amend the social services law and the public health law, in relation to Medicaid expanding coverage for pregnant and postpartum individuals and their children, establishing a health expense account program for pregnant and postpartum individuals, and requiring the creation of informative pamphlets on maternal depression   PURPOSE: To expand Medicaid coverage to pregnant and postpartum individuals and their children's health coverage and information by expanding the Medi- caid coverage period for pregnant women eligible for medical assistance, the Medicaid coverage period for a child born to a person eligible for or receiving medical assistance on the date of the child's birth, expanding the definition of medical assistance for pregnant and postpar- tum individuals to include all pregnancy-related and postpartum services, and establishing informational pamphlets for distribution:-   SUMMARY: Section 1. Amends subparagraph 1 of paragraph (b) of subdivision 4 of section 366 of the social services law, as amended by section 3 of part CCC of chapter 56 of the laws of 2022. Section 2. Amends subparagraph 2 of paragraph (b) of subdivision 4 of section 366 of the social services law, as added by section 2 of part D of chapter 56 of the laws of 2013. Section 3. Amends Section 356-a of the social services law by adding new subdivision 6-a. Section 4. Amends Title 3 of article 25 of the public health law. Section 5. Amends subdivision 2 of section 2500-k of the public health law, as added by chapter 199 of the laws of 2014. Section 6. Sets the effective date.   JUSTIFICATION: The expansion of Medicaid coverage for pregnant and postpartum individ- uals and their children, will help ensure that these individuals receive necessary medical care and services during and after their pregnancy. This expansion will enable pregnant and postpartum individuals and their children to receive comprehensive healthcare without being subjected to changes in their eligibility status due to changes in their family's income. This will significantly reduce the financial burden faced by these individuals and ensure they receive the care and services they require. The establishment of a health expense account program will help provide additional financial assistance to pregnant and postpartum individuals to cover out-of-pocket expenses related to their pregnancy. This program will include the costs of essential services, such as prenatal Vitamins, lab tests, transportation costs essential to medical care, and other pregnancy-related services, including lactation support, doula services, and midwifery care. The program will reimburse eligible individuals for up to $1,250 in out-of-pocket expenses, enabling them to receive neces- sary care without worrying about the financial burden.   RACIAL JUSTICE IMPACT: Pregnant and postpartum individuals of color face disproportionate barriers to healthcare and experience higher rates of maternal mortality and morbidity. The expansion of Medicaid coverage and the establishment of a health expense account program will help to address these dispari- ties by providing these individuals with access to necessary medical care and financial support, regardless of their income level. The creation of informative pamphlets on maternal depression will also benefit patients of color who face additional barriers to accessing mental health services. By providing essential information on maternal depression, these pamphlets will empower mothers to recognize and seek help for this condition, reducing the risk of complications and improv- ing their overall health and well-being. This bill serves as a critical step toward promoting racial justice in New York State by improving the health and well-being of pregnant and postpartum people of color by ensuring equitable access to essential healthcare and support services.   GENDER JUSTICE IMPACT: The expansion of Medicaid coverage and the establishment of a health expense account program will help reduce financial barriers that often prevent women from accessing essential healthcare services during and after_ pregnancy. These measures will also help to address disparities in maternal and infant health outcomes by providing access to necessary care and services. Furthermore, the creation of informative pamphlets on maternal depression is a crucial step in addressing mental health concerns that often arise during and after pregnancy. By increasing awareness of maternal depression and providing information on available resources and treatment options, this provision will help to reduce the stigma surrounding mental health and improve access to care for affected indi- viduals.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: TBD.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that section one of this act shall take effect on the same date and in the same manner as section 3 of part CCC of chapter 56 of the laws of 2022, takes effect.
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AB6902 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6902
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2023
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Health
 
        AN ACT to amend the social services law and the public  health  law,  in
          relation  to  Medicaid  expanding coverage for pregnant and postpartum
          individuals and their children, establishing a health expense  account
          program  for  pregnant  and  postpartum individuals, and requiring the
          creation of informative pamphlets on maternal depression
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Subparagraph  1  of  paragraph  (b) of subdivision 4 of
     2  section 366 of the social services law, as amended by section 3 of  part
     3  CCC of chapter 56 of the laws of 2022, is amended to read as follows:
     4    (1)  A  pregnant [woman] or postpartum individual eligible for medical
     5  assistance under subparagraph two or four of paragraph (b)  of  subdivi-
     6  sion  one  of  this  section  on  any  day of [her] their pregnancy will
     7  continue to be eligible for such care and services for a period of  [one
     8  year]  two  years beginning on the last day of pregnancy, without regard
     9  to any change in the income of the family  that  includes  the  pregnant
    10  [woman]  or  postpartum  individual, even if such change otherwise would
    11  have rendered [her] them ineligible for medical assistance.
    12    § 2. Subparagraph 2 of paragraph (b) of subdivision 4 of  section  366
    13  of  the  social services law, as added by section 2 of part D of chapter
    14  56 of the laws of 2013, is amended to read as follows:
    15    (2) A child born to [a woman] an individual eligible for and receiving
    16  medical assistance on the date of the child's birth shall be  deemed  to
    17  have  applied for medical assistance and to have been found eligible for
    18  such assistance on the date of such birth and  to  remain  eligible  for
    19  such  assistance  for  a  period of [one year, so long as the child is a
    20  member of the woman's household and the woman remains eligible for  such
    21  assistance  or  would  remain  eligible  for such assistance if she were
    22  pregnant] two years, without regard to any change in the income  of  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07274-02-3

        A. 6902                             2
 
     1  family that includes the child, even if such change otherwise would have
     2  rendered them ineligible for medical assistance.
     3    §  3.  Section 365-a of the social services law is amended by adding a
     4  new subdivision 6-a to read as follows:
     5    6-a.  Any  inconsistent  provision  of  law  notwithstanding,  medical
     6  assistance  for  pregnant  and postpartum individuals shall also include
     7  all pregnancy-related and postpartum services including, but not limited
     8  to, coverage for maternal mental health conditions for postpartum  indi-
     9  viduals diagnosed with a maternal mental health condition.
    10    § 4. Title 3 of article 25 of the public health law is amended to read
    11  as follows:
    12                                  TITLE III
    13                        [CONTROL OF MIDWIFERY] HEALTH
    14                         EXPENSE ACCOUNT PROGRAM FOR
    15                     PREGNANT AND POSTPARTUM INDIVIDUALS
    16  Section 2560. Definitions.
    17          2561. Health expense account program for pregnant and postpartum
    18                  individuals.
    19          2562. Federal participation.
    20          2563. Implementation of the program.
    21    § 2560. Definitions. For the purpose of this title, unless the context
    22  clearly requires otherwise:
    23    1.  "eligible person" means pregnant individuals and individuals up to
    24  two years postpartum that are receiving medical assistance  under  title
    25  eleven of article five of the social services law.
    26    2. "out-of-pocket pregnancy-related costs" includes, but is not limit-
    27  ed  to,  birth  and infant care classes, doula services, midwifery care,
    28  lactation support services, prenatal vitamins, lab tests  or  screening,
    29  prenatal  acupuncture or acupressure, and transportation expenses essen-
    30  tial to medical care.
    31    § 2561. Health expense account program  for  pregnant  and  postpartum
    32  individuals.   1. On or before July first, two thousand twenty-five, the
    33  department, in consultation with  the  department  of  social  services,
    34  shall  establish a health expense account program for pregnant and post-
    35  partum individuals.  Under this program, an  eligible  person  shall  be
    36  eligible  for reimbursement for out-of-pocket pregnancy-related costs in
    37  an amount not to exceed one thousand two hundred fifty dollars.
    38    2. An eligible person shall not have to seek  approval  or  be  denied
    39  reimbursement  for  care for that care to be considered an out-of-pocket
    40  pregnancy-related cost. The department may authorize  reimbursement  for
    41  additional pregnancy-related expenses as it deems fit.
    42    3.  An eligible person shall not be reimbursed for out-of-pocket preg-
    43  nancy-related costs unless the request for  reimbursement  is  submitted
    44  within  three  months  after  the  last day of pregnancy or within three
    45  months of the out-of-pocket pregnancy-related cost occurring.
    46    4. The department shall be allowed to contract  out  for  purposes  of
    47  implementing  the  health expense account program for pregnant and post-
    48  partum individuals.
    49    § 2562. Federal participation. In implementing this title, the depart-
    50  ment shall seek to maximize  federal  financial  participation.  To  the
    51  extent  federal  financial  participation is unavailable, the department
    52  shall implement this title only with state funds with an opt-out  option
    53  allowing  localities with no need for the program established under this
    54  title to opt-out. To ensure such program is run effectively or based  on
    55  a  locality's  needs,  localities  shall consult with organizations that
    56  address pregnant and postpartum individuals. In the event that a locali-

        A. 6902                             3
 
     1  ty opts out, said locality shall provide the department and  the  office
     2  of mental health with justification, and any unused funds shall be real-
     3  located  to  other  localities  demonstrating a need for such additional
     4  funding.
     5    §  2563. Implementation of the program. The department shall implement
     6  this title through all-county or plan letters, or similar  instructions,
     7  no later than January first, two thousand twenty-seven.
     8    §  5.  Subdivision  2  of  section 2500-k of the public health law, as
     9  added by chapter 199 of the laws of 2014, is amended to read as follows:
    10    2. Maternal depression information. (a) The commissioner, in consulta-
    11  tion with the commissioner of mental health,  shall  make  available  to
    12  maternal  health  care providers information on maternal depression. The
    13  information shall include, but not be limited to:
    14    (i) a summary of the current evidence base and professional guidelines
    15  for maternal depression screening;
    16    (ii) validated, evidence-based tools for maternal  depression  screen-
    17  ing;
    18    (iii) information about follow-up support for patients who may require
    19  further  evaluation,  referral,  or treatment including, when available,
    20  information about specific community resources and entities licensed  by
    21  the office of mental health; [and]
    22    (iv) information on engaging support for the mother, which may include
    23  communicating  with  the  other  parent  of  the  child and other family
    24  members, as appropriate and consistent with patient confidentiality;
    25    (v) information on the psychological needs of the  postpartum  mother;
    26  and
    27    (vi)  how to be sensitive to cultural differences that surround child-
    28  birth, which may involve eating particular foods and restricting certain
    29  activities.
    30    (b) The commissioner, in consultation with the commissioner of  mental
    31  health,  shall  develop and distribute to maternal health care providers
    32  an informative  pamphlet  for  patients  with  information  on  maternal
    33  depression including, but not limited to:
    34    (i) the signs and symptoms of maternal depression;
    35    (ii) how to seek help for maternal depression;
    36    (iii)  physiological  changes and medical issues that may arise during
    37  the postpartum period; and
    38    (iv) contact information where a  patient  can  file  a  complaint  or
    39  report of any misconduct.
    40    (c)  The  information  on  maternal  depression shall be posted on the
    41  department's website as a printable file, shall be available  for  order
    42  as  a  printed deliverable, and shall be written in layperson's language
    43  and shall be made available in English and the six most common non-Engl-
    44  ish languages spoken by individuals with limited English proficiency  in
    45  New  York  state  as  based on the most recent census.  The commissioner
    46  shall, in collaboration with the commissioner of mental  health,  update
    47  and review the information on maternal depression, as necessary.
    48    § 6. This act shall take effect on the one hundred eightieth day after
    49  it  shall have become a law; provided, however, that section one of this
    50  act shall take effect on the same date and in the same manner as section
    51  3 of part CCC of chapter 56 of the laws of 2022, takes effect.
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AB6902 LFIN:

 NO LFIN
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