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.
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.
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.