Bill Text: NY A09140 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes fetal and infant mortality review boards to study fetal and infant mortality and morbidity and make recommendations on policies, best practices, and strategies to reduce fetal and infant mortality and morbidity.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-05-30 - print number 9140b [A09140 Detail]
Download: New_York-2023-A09140-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9140--B IN ASSEMBLY February 8, 2024 ___________ Introduced by M. of A. JACKSON, GONZALEZ-ROJAS, TAPIA, ZINERMAN, SHRES- THA -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the administrative code of the city of New York, in relation to establishing fetal and infant mortal- ity review boards The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2509-b to read as follows: 3 § 2509-b. Fetal and infant mortality review board. 1. For the purposes 4 of this section, unless the context requires otherwise: 5 (a) "Board" means a fetal and infant mortality review board estab- 6 lished by this section, referred to in this section as the "state 7 board", or a board operating under this section established by the city 8 of New York, with or without an agreement with the commissioner, 9 referred to in this section as the "city board". 10 (b) "Fetal and infant death" means pregnancy loss that ends in miscar- 11 riage or stillbirth, or infant deaths within one year of birth. 12 (c) "Severe fetal and infant morbidity" or "morbidity" means unantic- 13 ipated outcomes of pregnancy, labor, or delivery that result in signif- 14 icant short- or long-term consequences to a child's health. 15 (d) "City commissioner" means the commissioner of the New York city 16 department of health and mental hygiene. 17 2. (a) There is hereby established in the department the fetal and 18 infant mortality review board for the purpose of reviewing fetal and 19 infant deaths and fetal and infant morbidity and developing and dissem- 20 inating findings, recommendations, and best practices to contribute to 21 the prevention of fetal and infant mortality and morbidity. The board 22 shall assess the cause of death, factors leading to death and preventa- 23 bility for each fetal and infant death reviewed and, in the discretion 24 of the board, cases of severe fetal and infant morbidity, and shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10339-05-4A. 9140--B 2 1 develop and disseminate strategies for reducing the risk of fetal and 2 infant mortality and morbidity, including risk resulting from racial, 3 economic, or other disparities. The commissioner may delegate the 4 authority to conduct fetal and infant mortality reviews. 5 (b) The commissioner may enter into an agreement with the city of New 6 York providing: 7 (i) that the functions of the state board relating to fetal and infant 8 deaths and severe fetal and infant morbidity occurring within the city 9 of New York shall be conducted by the city board; 10 (ii) the city board shall provide to the state board the results of 11 its reviews, relevant information in the possession of the city board, 12 and the recommendations of the city board; and 13 (iii) the department and the state board shall provide information and 14 assistance to the city board for the performance of its functions. 15 (c) Nothing in this section shall prevent the city of New York from 16 establishing, without an agreement with the commissioner, a board relat- 17 ing to fetal and infant deaths and severe fetal and infant morbidity 18 occurring within the city of New York. 19 3. (a) The members of the state board shall be comprised of multidis- 20 ciplinary experts in the field of fetal and infant mortality, fetal, 21 neonatal and infant health and public health, maternal health, obstet- 22 rics and gynecology, and shall include health care professionals or 23 other experts who serve and are representative of the racial, ethnic, 24 and socioeconomic diversity of the state and, to the extent possible, 25 the medically underserved areas of the state or areas of the state with 26 disproportionately high occurrences of fetal and infant mortality or 27 morbidity. 28 (b) The state board shall be composed of nine members, appointed as 29 follows: three members shall be appointed by the governor; two 30 members shall be appointed by the speaker of the assembly; two members 31 shall be appointed by the temporary president of the senate; one member 32 shall be appointed by the minority leader of the senate; and one 33 member shall be appointed by the minority leader of the assembly. 34 (c) The terms of the state board members shall be three years. The 35 commissioner may choose to reappoint state board members to additional 36 three-year terms. 37 (d) A majority of the appointed membership of the state board, but no 38 less than five, shall constitute a quorum. 39 (e) When any member of the state board fails to attend three consec- 40 utive regular meetings, unless good cause is shown for such absence, 41 that membership may be deemed vacant for purposes of the appointment of 42 a successor. 43 (f) Meetings of the state board shall be held at least twice a year 44 but may be held more frequently as deemed necessary, subject to request 45 of the department. 46 (g) Members of the state and city boards shall be indemnified under 47 section seventeen of the public officers law or section fifty-k of the 48 general municipal law, as the case may be. 49 (h) Members of the state board shall not be compensated for their 50 participation on the board but shall receive reimbursement for their 51 ordinary and necessary expenses of participation. 52 (i) Membership on a board shall not disqualify any person from holding 53 any public office or employment. 54 4. (a) The commissioner may request and shall receive upon request 55 from any department, division, board, bureau, commission, local health 56 departments or other agency of the state or political subdivision there-A. 9140--B 3 1 of or any public authority, such information, including but not limited 2 to death records, medical records, autopsy reports, toxicology reports, 3 hospital discharge records, birth records and any other information that 4 will help the department under this section to properly carry out its 5 functions, powers and duties. The commissioner, or the city commissioner 6 for the fetal and infant deaths or fetal and infant morbidity occurring 7 within the vital statistics registration district of the city of New 8 York, may request and shall receive upon request from any department, 9 division, board, commission or other agency under the authority of the 10 city of New York as well as hospitals established pursuant to article 11 twenty-eight of this chapter, birthing facilities, medical examiners, 12 coroners and coroner physicians and any other facility providing 13 services associated with fetal and infant mortality or fetal and infant 14 morbidity, such information, including, but not limited to, death 15 records, medical records, autopsy reports, toxicology reports, hospital 16 discharge records, birth records and any other information that will 17 help the department under this section to properly carry out its func- 18 tions, powers and duties. 19 (b) The commissioner and the city commissioner shall receive and may 20 solicit voluntary information, including oral or written statements, 21 relating to any fetal and infant death and case of severe fetal and 22 infant morbidity, from any family member or other interested party 23 relating to any case that may come before the board. Oral statements 24 received under this paragraph shall be transcribed or summarized in 25 writing. The commissioner and the city commissioner shall transmit that 26 information to the board considering the case. 27 (c) Before transmitting any information to the board, the commissioner 28 or the city commissioner shall remove all personal identifying informa- 29 tion of the fetus or infant, individuals experiencing pregnancy loss or 30 parents of infant, health care practitioner or practitioners, or anyone 31 else individually named in such information, as well as the hospital or 32 facility that treated the fetus or infant, and any other information 33 such as geographic location that may inadvertently identify the fetus or 34 infant, practitioner, or facility. 35 (d) Information received or transmitted under this section is not 36 admissible in any civil, administrative, criminal, or family court 37 proceeding that seeks to punish or prosecute the pregnant or birthing 38 person and shall not be used as a basis of a report to the statewide 39 central register of child abuse and maltreatment. 40 5. Each board: 41 (a) shall collect and perform case reviews of fetal and infant deaths; 42 (b) shall make and report findings and recommendations to the commis- 43 sioner, and in the case of the city board to the commissioner and the 44 city commissioner regarding the cause of death, factors leading to 45 death, and preventability of each fetal or infant death case, and each 46 case of severe fetal or infant morbidity reviewed by the board, by 47 reviewing relevant information for each case in the state or the city of 48 New York, as the case may be, and consulting with experts as needed to 49 evaluate the information for each death; provided that no information 50 which, alone or in combination, would permit an individual who experi- 51 enced a pregnancy loss or infant death to be identified may be requested 52 or shared with consulting experts, and that information reviewed or 53 findings made by the board shall not be admissible in any civil, admin- 54 istrative, criminal, or family court proceeding and shall not be used as 55 a basis of a report to the statewide central register of child abuse and 56 maltreatment;A. 9140--B 4 1 (c) shall develop and deliver to the commissioner, and in the case of 2 the city board to the commissioner and the city commissioner for areas 3 of focus, recommendations on: 4 (i) issues of severe fetal and infant morbidity; 5 (ii) addressing social determinants of fetal and infant health, 6 including racial, economic or other historical and contemporary injus- 7 tices which lead to disparities in fetal and infant outcomes; 8 (iii) policies, best practices, and strategies to reduce fetal and 9 infant mortality and morbidity; 10 (iv) methods of improving services and resources; and 11 (v) methods of implementing continuous quality improvement in fetal 12 and infant mortality and morbidity; 13 (d) shall issue an annual public report on its findings and recommen- 14 dations and may also issue public reports more frequently; 15 (e) shall identify and address systemic community conditions contrib- 16 uting to fetal and infant deaths; 17 (f) shall implement a surveillance system to monitor incidence, etiol- 18 ogies, and contributing factors and which can describe effects of health 19 care system change; 20 (g) shall identify system wide challenges to improving fetal and 21 infant health care; 22 (h) may, in addition to the findings and recommendations made under 23 this subdivision, and consistent with all applicable confidentiality 24 protections, bring any particular matter to the attention of the commis- 25 sioner or the city commissioner, and in the case of the city board to 26 the commissioner and the city commissioner; and 27 (i) may request and shall receive the assistance of the commissioner 28 in the instance of the state board and the city commissioner in the 29 instance of the city board in carrying out its functions. 30 6. The commissioner and the city commissioner and the state and city 31 boards shall each keep confidential any information collected or 32 received under this section that includes personal identifying informa- 33 tion of the fetus or infant, fetus or infant's parents, health care 34 practitioner or practitioners, or anyone else individually named in such 35 information, as well as the hospital or facility that treated the fetus 36 or infant, and any other information such as geographic location that 37 may inadvertently identify the fetus or infant, the fetus or infant's 38 parents, practitioner, or facility, and shall use the information 39 provided or received under this section solely for the purposes of 40 improvement of the quality of fetal and infant health care and to 41 prevent fetal and infant mortality and morbidity. This subdivision shall 42 not preclude the transmitting of information to the board that is 43 reasonably necessary to enable the board to perform an appropriate 44 review under this section. All records received, meetings conducted, 45 reports, except those public reports required to be issued by the board 46 by this section, and records made and maintained and all books and 47 papers obtained by the board shall be confidential and shall not be made 48 open or available, including under article six of the public officers 49 law, and shall be limited to board members as well as those authorized 50 by the commissioner or city commissioner. Such information shall not be 51 discoverable or admissible as evidence in any action in any court or 52 before any other tribunal, board, agency or person. 53 7. The commissioner and the city commissioner, within their respective 54 legal authority, may use the recommendations and findings of the boards 55 to develop guidance and other actions relating to best practices, andA. 9140--B 5 1 shall disseminate information relating to that guidance and other 2 actions to appropriate health care providers. 3 § 2. The administrative code of the city of New York is amended by 4 adding a new section 17-166.1 to read as follows: 5 § 17-166.1 Fetal and infant mortality review board. a. For the 6 purposes of this section, unless the context requires otherwise: 7 (1) "Review board" means the fetal and infant mortality review board 8 established by this section. 9 (2) "Fetal and infant death" means pregnancy loss that ends in miscar- 10 riage or stillbirth, or infant deaths within one year of birth. 11 (3) "Severe fetal and infant morbidity" or "morbidity" means unantic- 12 ipated outcomes of pregnancy, labor, or delivery that result in signif- 13 icant short- or long-term consequences to a child's health. 14 b. There is hereby established in the department the fetal and infant 15 mortality review board for the purpose of reviewing fetal and infant 16 deaths and fetal and infant morbidity and developing and disseminating 17 findings, recommendations, and best practices to contribute to the 18 prevention of fetal and infant mortality and morbidity. The review 19 board shall assess the cause of death, factors leading to death and 20 preventability for each fetal and infant death reviewed and, in the 21 discretion of the review board, cases of severe fetal and infant 22 morbidity, and shall develop and disseminate strategies for reducing 23 the risk of fetal and infant mortality and morbidity, including 24 risk resulting from racial, economic, or other disparities. The 25 commissioner may delegate the authority to conduct fetal and infant 26 mortality reviews. 27 c. (1) The members of the review board shall be comprised of multidis- 28 ciplinary experts in the field of fetal and infant mortality, fetal, 29 neonatal and infant health and public health, maternal health, obstet- 30 rics and gynecology, and shall include health care professionals or 31 other experts who serve and are representative of the racial, ethnic, 32 and socioeconomic diversity of the city of New York and, to the extent 33 possible, the medically underserved areas of the city of New York or 34 areas of the city of New York with disproportionately high occurrences 35 of fetal and infant mortality or morbidity. 36 (2) The review board shall be composed of nine members, all of whom 37 shall be appointed by the commissioner. 38 (3) The terms of the review board members shall be three years. The 39 commissioner may choose to reappoint review board members to additional 40 three-year terms. 41 (4) A majority of the appointed membership of the review board, but no 42 less than five, shall constitute a quorum. 43 (5) When any member of the review board fails to attend three consec- 44 utive regular meetings, unless good cause is shown for such absence, 45 that membership may be deemed vacant for purposes of the appointment of 46 a successor. 47 (6) Meetings of the review board shall be held at least twice a year 48 but may be held more frequently as deemed necessary, subject to request 49 of the department. 50 (7) Members of the review board shall be indemnified under section 51 seventeen of the public officers law or section fifty-k of the general 52 municipal law, as the case may be. 53 (8) Members of the review board shall not be compensated for their 54 participation on the review board but shall receive reimbursement for 55 their ordinary and necessary expenses of participation.A. 9140--B 6 1 (9) Membership on the review board shall not disqualify any person 2 from holding any public office or employment. 3 d. (1) The commissioner may request and shall receive upon request 4 from any department, division, board, bureau, commission, local health 5 department or other agency of the state or political subdivision thereof 6 or any public authority, such information, including but not limited to 7 death records, medical records, autopsy reports, toxicology reports, 8 hospital discharge records, birth records and any other information that 9 will help the department under this section to properly carry out its 10 functions, powers and duties. The commissioner may request and shall 11 receive upon request from any department, division, board, commission or 12 other agency under the authority of the city of New York as well as 13 hospitals established pursuant to article twenty-eight of the public 14 health law, birthing facilities, medical examiners, coroners and coroner 15 physicians and any other facility providing services associated with 16 fetal and infant mortality or fetal and infant morbidity, such informa- 17 tion, including, but not limited to, death records, medical records, 18 autopsy reports, toxicology reports, hospital discharge records, birth 19 records and any other information that will help the department under 20 this section to properly carry out its functions, powers and duties. 21 (2) The commissioner shall receive and may solicit voluntary informa- 22 tion, including oral or written statements, relating to any fetal and 23 infant death and case of severe fetal and infant morbidity, from any 24 family member or other interested party relating to any case that may 25 come before the review board. Oral statements received under this para- 26 graph shall be transcribed or summarized in writing. The commissioner 27 shall transmit that information to the review board considering the 28 case. 29 (3) Before transmitting any information to the review board, the 30 commissioner shall remove all personal identifying information of the 31 fetus or infant, individuals experiencing pregnancy loss or parents of 32 the infant, health care practitioner or practitioners, or anyone else 33 individually named in such information, as well as the hospital or 34 facility that treated the fetus or infant, and any other information 35 such as geographic location that may inadvertently identify the fetus or 36 infant, fetus or infant's family, practitioner, or facility. 37 (4) Information received or transmitted under this section is not 38 admissible in any civil, administrative, criminal, or family court 39 proceeding that seeks to punish or prosecute the pregnant or birthing 40 person and shall not be used as a basis of a report to the Statewide 41 Central Register of Child Abuse and Maltreatment. 42 e. The review board: 43 (1) shall collect and perform case reviews of fetal and infant deaths; 44 (2) shall make and report findings and recommendations to the commis- 45 sioner regarding the cause of death, factors leading to death, and 46 preventability of each fetal or infant death case, and each case of 47 severe fetal or infant morbidity reviewed by the review board, by 48 reviewing relevant information for each case in the city of New York and 49 consulting with experts as needed to evaluate the information for each 50 death provided that no information which, alone or in combination, would 51 permit an individual who experienced a pregnancy loss or infant death to 52 be identified may be requested or shared with consulting experts, and 53 that information reviewed or findings made by the board shall not be 54 admissible in any civil, administrative, criminal, or family court 55 proceeding and shall not be used as a basis of a report to the Statewide 56 Central Register of Child Abuse and Maltreatment;A. 9140--B 7 1 (3) shall develop and deliver to the commissioner recommendations on: 2 (A) issues of severe fetal and infant morbidity; 3 (B) addressing social determinants of fetal and infant health, includ- 4 ing racial, economic or other historical and contemporary injustices 5 which lead to disparities in fetal and infant outcomes; 6 (C) policies, best practices, and strategies to reduce fetal and 7 infant mortality and morbidity; 8 (D) methods of improving services and resources; and 9 (E) methods of implementing continuous quality improvement in fetal 10 and infant mortality and morbidity; 11 (4) shall issue an annual public report on its findings and recommen- 12 dations and may also issue public reports more frequently; 13 (5) shall identify and address systemic community conditions contrib- 14 uting to fetal and infant deaths; 15 (6) shall implement a surveillance system to monitor incidence, etiol- 16 ogies, and contributing factors and which can describe effects of health 17 care system change; 18 (7) shall identify system wide challenges to improving fetal and 19 infant health care; 20 (8) may, in addition to the findings and recommendations made under 21 this subdivision, and consistent with all applicable confidentiality 22 protections, bring any particular matter to the attention of the commis- 23 sioner; and 24 (9) may request and shall receive the assistance of the commissioner 25 in carrying out its functions. 26 f. The commissioner and the review board shall each keep confidential 27 any information collected or received under this section that includes 28 personal identifying information of the fetus or infant, the fetus or 29 infant's parents, health care practitioner or practitioners, or anyone 30 else individually named in such information, as well as the hospital or 31 facility that treated the fetus or infant, and any other information 32 such as geographic location that may inadvertently identify the fetus or 33 infant, the fetus or infant's parents, practitioner, or facility, and 34 shall use the information provided or received under this section solely 35 for the purposes of improvement of the quality of fetal and infant 36 health care and to prevent fetal and infant mortality and morbidity. 37 This subdivision shall not preclude the transmitting of information to 38 the review board that is reasonably necessary to enable the review board 39 to perform an appropriate review under this section. All records 40 received, meetings conducted, reports, except those public reports 41 required to be issued by the review board by this section, and records 42 made and maintained and all books and papers obtained by the review 43 board shall be confidential and shall not be made open or available, 44 including under article six of the public officers law, and shall be 45 limited to review board members as well as those authorized by the 46 commissioner. Such information shall not be discoverable or admissible 47 as evidence in any action in any court or before any other tribunal, 48 board, agency or person. 49 g. The commissioner may use the recommendations and findings of the 50 review board to develop guidance and other actions relating to best 51 practices, and shall disseminate information relating to that guidance 52 and other actions to appropriate health care providers. 53 § 3. This act shall take effect one year after it shall have become a 54 law.
