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S00380 Summary:

BILL NOS00380
 
SAME ASSAME AS A08329
 
SPONSORCLEARE
 
COSPNSRBROUK
 
MLTSPNSR
 
Amd §§3216, 3221 & 4303, Ins L
 
Requires health insurance policies to include coverage for doula services as required coverage for maternity care.
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S00380 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           380
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced by Sens. CLEARE, BROUK -- read twice and ordered printed, and
          when printed to be committed to the Committee on Women's Issues
 
        AN  ACT  to  amend  the  insurance  law, in relation to requiring health
          insurance policies to include coverage for doula services as  required
          coverage for maternity care
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Item (i) of subparagraph (A) of paragraph 10 of  subsection
     2  (i)  of  section 3216 of the insurance law, as amended by chapter 238 of
     3  the laws of 2010, is amended to read as follows:
     4    (i) Every policy which provides hospital, surgical or medical coverage
     5  shall provide coverage for maternity care, including hospital,  surgical
     6  or  medical  care  to the same extent that hospital, surgical or medical
     7  coverage is provided for illness  or  disease  under  the  policy.  Such
     8  maternity  care  coverage,  other  than  coverage  for perinatal compli-
     9  cations, shall include inpatient hospital coverage for  mother  and  for
    10  newborn for at least forty-eight hours after childbirth for any delivery
    11  other  than a caesarean section, and for at least ninety-six hours after
    12  a caesarean section. Such coverage for maternity care shall include  the
    13  services  of  a doula and the services of a midwife licensed pursuant to
    14  article one hundred forty of the education  law,  practicing  consistent
    15  with  section  sixty-nine  hundred  fifty-one  of  the education law and
    16  affiliated or practicing in conjunction with a facility licensed  pursu-
    17  ant  to  article  twenty-eight  of the public health law, but no insurer
    18  shall be required to  pay  for  duplicative  routine  services  actually
    19  provided by both a licensed midwife and a physician.
    20    §  2. Item (i) of subparagraph (A) of paragraph 5 of subsection (k) of
    21  section 3221 of the insurance law, as amended by chapter 238 of the laws
    22  of 2010, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02437-01-3

        S. 380                              2
 
     1    (i) Every group or blanket policy delivered or issued for delivery  in
     2  this  state  which provides hospital, surgical or medical coverage shall
     3  include coverage for maternity care,  including  hospital,  surgical  or
     4  medical care to the same extent that coverage is provided for illness or
     5  disease  under  the  policy.  Such  maternity  care coverage, other than
     6  coverage for perinatal complications, shall include  inpatient  hospital
     7  coverage  for  mother  and  newborn for at least forty-eight hours after
     8  childbirth for any delivery other than a caesarean section, and  for  at
     9  least  ninety-six  hours  after  a  caesarean section. Such coverage for
    10  maternity care shall include the services of a doula and the services of
    11  a midwife licensed pursuant to article one hundred forty of  the  educa-
    12  tion  law,  practicing consistent with section sixty-nine hundred fifty-
    13  one of the education law and affiliated  or  practicing  in  conjunction
    14  with  a facility licensed pursuant to article twenty-eight of the public
    15  health law, but no insurer shall be  required  to  pay  for  duplicative
    16  routine  services  actually  provided  by  both a licensed midwife and a
    17  physician.
    18    § 3. Subparagraph (A) of paragraph 1 of subsection (c) of section 4303
    19  of the insurance law, as amended by chapter 238 of the laws of 2010,  is
    20  amended to read as follows:
    21    (A)  Every  contract issued by a corporation subject to the provisions
    22  of this article which provides hospital service, medical expense  indem-
    23  nity  or both shall provide coverage for maternity care including hospi-
    24  tal, surgical or medical care to the same extent that hospital  service,
    25  medical  expense  indemnity  or both are provided for illness or disease
    26  under the contract. Such maternity care coverage,  other  than  coverage
    27  for  perinatal  complications, shall include inpatient hospital coverage
    28  for mother and for newborn for at least forty-eight hours  after  child-
    29  birth  for any delivery other than a caesarean section, and for at least
    30  ninety-six hours following a caesarean section. Such coverage for mater-
    31  nity care shall include the services of a doula and the  services  of  a
    32  midwife  licensed pursuant to article one hundred forty of the education
    33  law, practicing consistent with section sixty-nine hundred fifty-one  of
    34  the  education  law  and  affiliated or practicing in conjunction with a
    35  facility licensed pursuant to article twenty-eight of the public  health
    36  law,  but  no  insurer  shall be required to pay for duplicative routine
    37  services actually provided by both a licensed midwife and a physician.
    38    § 4. This act shall take effect on the one hundred eightieth day after
    39  it shall have become a law and shall apply to all policies and contracts
    40  issued, renewed, modified, altered or amended on  or  after  such  date.
    41  Effective  immediately  the addition, amendment or repeal of any rule or
    42  regulation necessary for the implementation of this act on its effective
    43  date are authorized to be made and completed on or before such date.
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