Bill Text: NY A02870 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the commissioner of health, in consultation with the office of mental health and other relevant stakeholders, to develop guidance and standards for routine maternal depression screenings, referrals, diagnosis and treatment, and to provide training and materials on issues related to maternal depression.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Introduced - Dead) 2024-01-23 - substituted by s2039b [A02870 Detail]

Download: New_York-2023-A02870-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2870

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2023
                                       ___________

        Introduced  by  M. of A. SOLAGES, BICHOTTE HERMELYN, KELLES -- read once
          and referred to the Committee on Health

        AN ACT  to  amend  the  public  health  law,  in  relation  to  maternal
          depression screenings

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 2500-k of the public health law is
     2  amended by adding a new paragraph (c) to read as follows:
     3    (c)  "Questionnaire"  means  an  assessment  tool  administered  by  a
     4  licensed health care professional, to detect maternal depression such as
     5  the  Edinburgh  Postnatal  Depression  Scale,  the Postpartum Depression
     6  Screening Scale, the Beck Depression Inventory, the Patient Health Ques-
     7  tionnaire, or other validated assessment  methods  as  approved  by  the
     8  commissioner.
     9    §  2. Subdivisions 3 and 4 of section 2500-k of the public health law,
    10  subdivision 4 as renumbered by chapter 463 of  the  laws  of  2017,  are
    11  renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
    12  as follows:
    13    3.  Maternal depression screenings. (a) Maternal health care providers
    14  providing prenatal care at a prenatal visit shall invite  each  pregnant
    15  patient to complete a questionnaire and shall review the completed ques-
    16  tionnaire  in accordance with the formal opinions and recommendations of
    17  the American College of Obstetricians and Gynecologists. Assessment  for
    18  maternal  depression must be repeated when, in the professional judgment
    19  of the maternal health care provider, a  reasonable  possibility  exists
    20  that the pregnant patient suffers from maternal depression.
    21    (b) Maternal health care providers providing postnatal care to persons
    22  who gave birth shall invite each patient to complete a questionnaire and
    23  shall  review  the completed questionnaire in accordance with the formal
    24  opinions of the American College  of  Obstetricians  and  Gynecologists.
    25  Assessment for maternal depression must be repeated when, in the profes-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03810-01-3
        A. 2870                             2

     1  sional  judgment  of  the  maternal  health  care provider, a reasonable
     2  possibility exists that  the  pregnant  patient  suffers  from  maternal
     3  depression.
     4    (c)  It  is  recommended  that maternal health care providers make the
     5  best efforts practicable to contact the person  who  gave  birth  within
     6  twenty-one  days from the date of delivery and use industry practices to
     7  detect maternal depression pursuant to this section.
     8    (d) Maternal health care providers  providing  pediatric  care  to  an
     9  infant  shall  invite the infant's mother to complete a questionnaire at
    10  any well-child check-up at which the mother  is  present  prior  to  the
    11  infant's first birthday, and shall review the completed questionnaire in
    12  accordance  with the formal opinions and recommendations of the American
    13  College of Obstetricians and Gynecologists, in order to ensure that  the
    14  health and well-being of the infant is not compromised by an undiagnosed
    15  condition of maternal depression in the mother.  Assessment for maternal
    16  depression  must  be  repeated when, in the professional judgment of the
    17  maternal health care provider, a reasonable possibility exists that  the
    18  pregnant patient suffers from maternal depression.
    19    (e)  Consent from the mother must be obtained before a maternal health
    20  care provider may share results from an  assessment  with  the  mother's
    21  primary  licensed  health care professional, unless the mother is deter-
    22  mined to present a danger to herself or others.
    23    § 3. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law. Effective immediately, the addition,  amend-
    25  ment and/or repeal of any rule or regulation necessary for the implemen-
    26  tation  of  this act on its effective date are authorized to be made and
    27  completed on or before such effective date.