STATE OF NEW YORK ________________________________________________________________________ 5958 2023-2024 Regular Sessions IN ASSEMBLY March 24, 2023 ___________ Introduced by M. of A. SOLAGES, THIELE -- read once and referred to the Committee on Health AN ACT to amend the social services law, in relation to including doulas as medical services providers for Medicaid recipients; directing the commissioner of health to submit an application for amendments and waivers to add doulas to state Medicaid coverage; and directing the commissioner of health and the commissioner of the office of children and family services to add, amend and/or repeal any rule or regulation necessary for the implementation of this act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (d) of subdivision 1 of section 364-j of the 2 social services law, as amended by chapter 653 of the laws of 1997, is 3 amended to read as follows: 4 (d) "Medical services provider". A physician, nurse, nurse practition- 5 er, physician assistant, licensed midwife, doula, dentist, optometrist 6 or other licensed health care practitioner authorized to provide medical 7 assistance services. 8 § 2. The commissioner of health is directed to apply for such state 9 Medicaid plan amendments or waivers as may be necessary to implement the 10 provisions of this act and include doula care as a covered service under 11 the state Medicaid plan, and to secure federal financial participation 12 for state Medicaid expenditures for doula care under the federal Medi- 13 caid program. 14 § 3. The New York state Medicaid doula services pilot program shall be 15 extended beyond Erie county and be made accessible statewide. Local 16 localities shall be given the option to opt-in or out based on a locali- 17 ty's exact need for the doula pilot program. The department of health 18 shall conduct a yearly study of such program to examine its efficacy and 19 provide a report with the study's findings to the governor, temporary 20 president of the senate, minority leader of the senate, speaker of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02566-01-3A. 5958 2 1 assembly, and minority leader of the assembly. This report shall be 2 used as a tool to strengthen the program. The department of health is 3 directed to inform the public about the program and provide medical 4 providers with pamphlets detailing the program and locations where it's 5 being offered to distribute to patients. 6 § 4. This act shall take effect immediately; provided that section one 7 of this act shall take effect upon receipt by the commissioner of health 8 of approval from the federal Centers for Medicare & Medicaid Services to 9 include doula care as a covered service under the state Medicaid plan; 10 provided, further, that the amendments to section 364-j of the social 11 services law made by section one of this act shall not affect the repeal 12 of such section and shall be deemed repealed therewith. The commissioner 13 of health shall notify the legislative bill drafting commission upon the 14 occurrence of the receipt of such approval in order that the commission 15 may maintain an accurate and timely effective data base of the official 16 text of the laws of the state of New York in furtherance of effectuating 17 the provisions of section 44 of the legislative law and section 70-b of 18 the public officers law. Effective immediately, the addition, amendment 19 and/or repeal of any rule or regulation necessary for the implementation 20 of this act on its effective date are authorized to be made and 21 completed on or before such effective date.