Bill Text: NY A08977 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires maternal health care providers facilitate a screening for maternal depression within the first six weeks of birth and that such screening be covered by insurance.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced) 2024-03-14 - enacting clause stricken [A08977 Detail]

Download: New_York-2023-A08977-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8977

                   IN ASSEMBLY

                                    January 31, 2024
                                       ___________

        Introduced by M. of A. SLATER -- read once and referred to the Committee
          on Health

        AN ACT to amend the public health law and the insurance law, in relation
          to  requiring  maternal depression screenings and that such screenings
          are covered by insurance

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

     1    Section 1. Subdivisions 3 and 4 of section 2500-k of the public health
     2  law, subdivision 4 as renumbered by chapter 463 of the laws of 2017, are
     3  renumbered subdivisions 4 and 5 and a new subdivision 3 is added to read
     4  as follows:
     5    3. Maternal depression screenings. (a) A maternal health care provider
     6  shall  facilitate  a  screening for maternal depression within the first
     7  six weeks of birth.
     8    (b)(i) If such birth mother declines to  be  screened  for  depression
     9  within  the  first  six weeks of having given birth, the maternal health
    10  care provider shall record in such birth mother's medical  records  that
    11  such birth mother was not screened for depression based upon the refusal
    12  by such birth mother.
    13    (ii)  The  record of a birth mother's refusal of a maternal depression
    14  screening shall relieve such maternal health care provider of  liability
    15  under section six thousand five hundred thirty of the education law.
    16    §  2.  Item (ii) of subparagraph (A) of paragraph 10 of subsection (i)
    17  of section 3216 of the insurance law, as added by chapter 56 of the laws
    18  of 1996, is amended to read as follows:
    19    (ii) Maternity care coverage shall also include,  at  minimum,  parent
    20  education, assistance and training in breast or bottle feeding, maternal
    21  depression  screenings  in  accordance with subdivision three of section
    22  two thousand five hundred-k of the public health law, and  the  perform-
    23  ance of any necessary maternal and newborn clinical assessments.
    24    § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (k) of
    25  section 3221 of the insurance law, as added by chapter 56 of the laws of
    26  1996, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14123-01-4
        A. 8977                             2

     1    (ii)  Maternity  care  coverage shall also include, at minimum, parent
     2  education, assistance and training in breast or bottle feeding, maternal
     3  depression screenings in accordance with subdivision  three  of  section
     4  two  thousand  five hundred-k of the public health law, and the perform-
     5  ance of any necessary maternal and newborn clinical assessments.
     6    § 4. Subparagraph (B) of paragraph 1 of subsection (c) of section 4303
     7  of  the insurance law, as amended by chapter 661 of the laws of 1997, is
     8  amended to read as follows:
     9    (B) Maternity care coverage also shall  include,  at  minimum,  parent
    10  education, assistance and training in breast or bottle feeding, maternal
    11  depression  screenings  in  accordance with subdivision three of section
    12  two thousand five hundred-k of the public health law, and  the  perform-
    13  ance of any necessary maternal and newborn clinical assessments.
    14    §  5.  Section 3217-g of the insurance law, as added by chapter 199 of
    15  the laws of 2014, is amended to read as follows:
    16    § 3217-g. Maternal depression screenings.  [To  the  extent  a  policy
    17  provides  coverage  for  maternal  depression  screening, no] No insurer
    18  subject to this article shall by contract, written policy  or  procedure
    19  limit  a  patient  insured's direct access to screening and referral for
    20  maternal depression, as defined in subdivision one  of  section  twenty-
    21  five hundred-k of the public health law, from a provider of obstetrical,
    22  gynecologic,  or  pediatric  services  of  her choice; provided that the
    23  patient insured's access  to  such  services,  coverage  and  choice  of
    24  provider  is otherwise subject to the terms and conditions of the policy
    25  under which the patient insured is covered.
    26    § 6. This act shall take effect one year after it shall have become  a
    27  law  and shall apply to policies or contracts issued, renewed, modified,
    28  altered, or amended on or after such date.  Effective  immediately,  the
    29  addition,  amendment  and/or  repeal of any rule or regulation necessary
    30  for the implementation of this act on its effective date are  authorized
    31  to be made and completed on or before such date.