S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3117--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 11, 2009
                               ___________

Introduced  by  Sens.  HUNTLEY, DIAZ, ESPADA, HASSELL-THOMPSON, ONORATO,
  OPPENHEIMER, PERKINS, SAMPSON, STAVISKY  --  read  twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Social
  Services -- committee  discharged  and  said  bill  committed  to  the
  Committee  on  Health  --  reported  favorably from said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the social services law,  in  relation  to  establishing
  mandatory  minimum  medicaid  coverage  for  hospital  confinement for
  childbirth

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  365-a  of  the social services law is amended by
adding a new subdivision 6-a to read as follows:
  6-A. MEDICAID ASSISTANCE SHALL ALSO INCLUDE, FOR MOTHER  AND  NEWBORN,
COVERAGE OF HOSPITAL CONFINEMENT OF AT LEAST FORTY-EIGHT HOURS FOLLOWING
A  VAGINAL  DELIVERY AND AT LEAST NINETY-SIX HOURS FOLLOWING A CAESAREAN
SECTION.   NOTWITHSTANDING THE ABOVE, A  SOCIAL  SERVICES  DISTRICT  MAY
PROVIDE  COVERAGE  FOR A SHORTER PERIOD OF HOSPITAL CONFINEMENT PROVIDED
THAT:
  (A) THE MOTHER IN HER SOLE DISCRETION,  EXERCISES  THE  OPTION  TO  BE
DISCHARGED  FROM THE HOSPITAL EARLIER THAN THE TIME PERIOD STATED ABOVE;
AND
  (B) THE TREATING PHYSICIAN,  IN  ACCORDANCE  WITH  GENERALLY  ACCEPTED
MEDICAL  STANDARDS, HAS DETERMINED THAT THE MOTHER AND NEWBORN ARE READY
FOR DISCHARGE; AND
  (C) POST-DISCHARGE FOLLOW-UP INCLUDES AT LEAST ONE HOME VISIT PROVIDED
WITHIN TWENTY-FOUR HOURS OF DISCHARGE BY A LICENSED HEALTH CARE PROVIDER
WHOSE SCOPE OF PRACTICE INCLUDES  PROVIDING  POSTPARTUM  CARE  AND  SUCH
OTHER  HOME  VISITS  AS  ARE  DEEMED  APPROPRIATE. COVERAGE OF SUCH HOME

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01259-02-9
              

S. 3117--A                          2

VISITS SHALL INCLUDE, AT A MINIMUM,  PARENT  EDUCATION,  ASSISTANCE  AND
TRAINING  IN  BREAST OR BOTTLE FEEDING AND THE PERFORMANCE OF ANY NECES-
SARY MATERNAL AND NEWBORN PHYSICAL ASSESSMENTS AND SHALL BE IN  ADDITION
TO,  RATHER  THAN  IN  LIEU  OF, ANY HOME HEALTH CARE COVERAGE OTHERWISE
AVAILABLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.