Bill Text: NY A02367 | 2023-2024 | General Assembly | Amended
Bill Title: Requires the advisory council on maternal mortality and morbidity to undertake a review of the cesarean births at hospitals in the state; requires two licensed midwives to be on the advisory council.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Engrossed) 2024-06-06 - REFERRED TO RULES [A02367 Detail]
Download: New_York-2023-A02367-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2367--A 2023-2024 Regular Sessions IN ASSEMBLY January 25, 2023 ___________ Introduced by M. of A. PAULIN, BURDICK, GONZALEZ-ROJAS, SIMON, JEAN-PIERRE, WOERNER, FORREST -- read once and referred to the Commit- tee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to requiring the advisory council on maternal mortality and morbidity to undertake a review of the cesarean births at hospitals in the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 2509 of the 2 public health law, as amended by chapter 142 of the laws of 2019, is 3 amended to read as follows: 4 (a) There is hereby established in the department the maternal mortal- 5 ity review board for the purpose of reviewing maternal deaths and mater- 6 nal morbidity and developing and disseminating findings, recommenda- 7 tions, and best practices to contribute to the prevention of maternal 8 mortality and morbidity. The board shall assess the cause of death, 9 including whether there was a vaginal or cesarean birth, factors leading 10 to death and preventability for each maternal death reviewed and, in the 11 discretion of the board, cases of severe maternal morbidity, and shall 12 develop and disseminate strategies for reducing the risk of maternal 13 mortality and morbidity, including risk resulting from racial, economic, 14 or other disparities. The commissioner may delegate the authority to 15 conduct maternal mortality reviews. 16 § 2. Paragraph (a) of subdivision 5 of section 2509 of the public 17 health law, as amended by chapter 142 of the laws of 2019, is amended to 18 read as follows: 19 (a) shall make and report findings and recommendations to the commis- 20 sioner, and in the case of the city board to the commissioner and the 21 city commissioner regarding the cause of death, factors leading to 22 death, and preventability of each maternal death case, including whether EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05723-03-3A. 2367--A 2 1 there was a vaginal or cesarean birth, and each case of severe maternal 2 morbidity reviewed by the board, by reviewing relevant information for 3 each case in the state or the city of New York, as the case may be, and 4 consulting with experts as needed to evaluate the information for each 5 death; and shall provide such findings and recommendations, including 6 best practices and strategies for reducing the risk of maternal mortal- 7 ity and morbidity, to the advisory council; provided that material 8 provided to the advisory council shall not include any information that 9 would be confidential under this section; 10 § 3. Paragraphs (b) and (d) of subdivision 8 of section 2509 of the 11 public health law, as amended by chapter 142 of the laws of 2019, are 12 amended to read as follows: 13 (b) The advisory council: 14 (i) may review the findings of the boards; 15 (ii) may develop recommendations on policies, best practices, and 16 strategies to prevent maternal mortality and morbidity; 17 (iii) may hold public hearings on those matters; 18 (iv) may make findings and issue reports, including an annual report, 19 on such matters; [and] 20 (v) may request and shall receive the assistance of the commissioner, 21 the city commissioner, and the boards in carrying out its functions[.]; 22 and 23 (vi) shall undertake a review of cesarean births at hospitals in the 24 state. The council shall issue a final report and make recommendations 25 to reduce the rate of cesarean births in the state. The council shall 26 consider factors including, but not limited to: the primary and repeat 27 cesarean birth rates among hospitals in the state; the hospitals in the 28 state that allow or encourage vaginal births after cesarean births; the 29 rate of vaginal births after cesarean births among hospitals in the 30 state; the rate of vaginal births after cesarean births that were 31 offered by hospitals in the state but declined by the birthing person; 32 the rate of vaginal births after cesarean births that were attempted but 33 failed among hospitals in the state; the time of day unplanned cesarean 34 births occur in hospitals, and whether such correlates with the rate of 35 cesarean births in a hospital; the number of birthing people who elect 36 to have midwives attend labor and delivery in hospitals in the state; 37 the frequency of midwifery care during labor in hospitals across the 38 state and what impact, if any, this has on the rate of cesarean births; 39 and the number of birthing people who were informed by their health care 40 provider about the potential risks, benefits, and alternatives related 41 to cesarean births before labor. 42 (d) The members of the council shall be comprised of multidisciplinary 43 experts including two licensed midwives and lay persons knowledgeable in 44 the field of maternal mortality, women's health and public health and 45 shall include members who serve and are representative of the racial, 46 ethnic, and socioeconomic diversity of the women and mothers of the 47 state, and to the extent possible, the medically underserved areas of 48 the state or areas of the state with disproportionately high occurrences 49 of maternal mortality or morbidity. 50 § 4. This act shall take effect immediately.
