S T A T E O F N E W Y O R K
________________________________________________________________________
3257--A
2009-2010 Regular Sessions
I N S E N A T E
March 13, 2009
___________
Introduced by Sen. DUANE -- (at request of the Department of Health) --
read twice and ordered printed, and when printed to be 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 public health law and the social services law, in
relation to prenatal care programs and services; and to repeal certain
provisions of the public health law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 2520, 2521, 2523, 2524, 2525, 2526, 2527, 2528
and 2529 of the public health law are REPEALED.
S 2. Section 2522 of the public health law, as amended by chapter 584
of the laws of 1989, is amended to read as follows:
S 2522. Programs; powers of the commissioner. [1. Comprehensive
prenatal care services available under the prenatal care assistance
program include:
(a) prenatal risk assessment;
(b) prenatal care visits;
(c) laboratory services;
(d) health education for both parents regarding prenatal nutrition and
other aspects of prenatal care, alcohol and tobacco use, substance
abuse, use of medication, labor and delivery, family planning to prevent
future unintended pregnancies, breast feeding, infant care and parent-
ing;
(e) referral for pediatric care;
(f) referral for nutrition services including screening, education,
counseling, follow-up and provision of services under the women, infants
and children's program and the supplemental nutrition assistance
program;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07246-05-9
S. 3257--A 2
(g) mental health and related social services including screening and
counseling;
(h) transportation services for prenatal care services;
(i) labor and delivery services;
(j) post-partum services including family planning services;
(k) inpatient care, specialty physician and clinic services which are
necessary to assure a healthy delivery and recovery;
(l) dental services;
(m) emergency room services;
(n) home care; and
(o) pharmaceuticals.
2. The commissioner shall provide for the development of prenatal care
assistance programs in those areas of the state that lack prenatal care
services for low-income pregnant women or where eligible service recipi-
ents are unserved or underserved.
3. If the prenatal care service provider is a physician or nurse
midwife practicing on an individual or group basis and is unable to
directly provide the services enumerated in subdivision one of this
section, payment may be provided to such physician or nurse midwife for
those services that will be provided by such physician or nurse midwife.
Payment may be provided to a public or private not-for-profit agency or
organization for those services not provided by the physician or nurse
midwife. The prenatal care service provider and the agency or organiza-
tion receiving payment under this subdivision shall develop linkages to
coordinate services provided to an eligible service recipient.
4. The] IN ORDER TO PROMOTE COMPREHENSIVE PRENATAL CARE, THE commis-
sioner is [also] authorized to provide funds, including the awarding of
grants to NOT-FOR-PROFIT COMMUNITY-BASED ORGANIZATIONS, LOCAL HEALTH
DEPARTMENTS, public education organizations AND SUCH OTHER ORGANIZATIONS
AS MAY BE DESIGNATED BY THE COMMISSIONER, for public AND PROVIDER educa-
tion[,] AND outreach [and], HOME VISITING, referral OF PREGNANT WOMEN to
prenatal care [service] providers, AND IMPROVEMENT OF REGIONAL SYSTEMS
OF PERINATAL CARE. This education, outreach [and], HOME VISITING,
referral AND SYSTEMS IMPROVEMENT may include, BUT IS NOT LIMITED TO:
(a) public education concerning availability of prenatal services;
(b) promotion of community awareness of the benefits of [pre-concep-
tion] PRECONCEPTION health and early and [continued] CONTINUOUS prenatal
care;
(c) outreach and direct recruitment of service recipients AND PROVID-
ERS;
(d) REFERRALS AND LINKAGE TO ORGANIZATIONS PROVIDING ASSISTANCE WITH
APPLICATIONS FOR MEDICAL ASSISTANCE AND ENROLLMENT IN MEDICAID MANAGED
CARE PROGRAMS;
(E) referrals and linkage with HOME VISITING AND other community
services; [and
(e)] (F) follow-up of patient participation in prenatal care [assist-
ance programs] SERVICES; AND
(G) IDENTIFICATION OF REGIONAL PERINATAL HEALTH CARE SYSTEM BARRIERS
AND LIMITATIONS THAT LEAD TO POOR PERINATAL OUTCOMES AND DEVELOPMENT OF
STRATEGIES TO ADDRESS SUCH BARRIERS AND LIMITATIONS.
[5. The commissioner is authorized to seek and obtain the cooperation
and assistance of federal and state agencies, including the United
States departments of agriculture and health and human services, and New
York state divisions of alcohol and alcohol abuse and substance abuse
services and the department of social services.
S. 3257--A 3
6. The commissioner is authorized to set standards for prenatal care
service providers including, but not limited to, quality of care assur-
ances. The commissioner is authorized to inquire into services provided,
and providers and organizations shall furnish the department such
reports, records and information as it may require to effectuate the
provisions of this title and section seven of the Prenatal Care Act of
1987. All information concerning service recipients shall be kept confi-
dential, except as otherwise provided in this title and section seven of
the Prenatal Care Act of 1987. All information concerning applicants for
or recipients of medical assistance shall be kept confidential as
required by subdivision three of section three hundred sixty-nine of the
social services law.]
S 3. Paragraph (o) of subdivision 4 of section 366 of the social
services law is amended by adding a new subparagraph 4 to read as
follows:
(4) FOR PURPOSES OF THIS TITLE, PRENATAL CARE SERVICES INCLUDE:
(I) PRENATAL RISK ASSESSMENT;
(II) PRENATAL CARE VISITS;
(III) LABORATORY SERVICES;
(IV) HEALTH EDUCATION FOR BOTH PARENTS REGARDING PRENATAL NUTRITION
AND OTHER ASPECTS OF PRENATAL CARE, ALCOHOL AND TOBACCO USE, SUBSTANCE
ABUSE, USE OF MEDICATION, LABOR AND DELIVERY, FAMILY PLANNING TO PREVENT
FUTURE UNINTENDED PREGNANCIES, BREAST FEEDING, INFANT CARE AND PARENT-
ING;
(V) REFERRAL FOR PEDIATRIC CARE;
(VI) REFERRAL FOR NUTRITION SERVICES INCLUDING SCREENING, EDUCATION,
COUNSELING, FOLLOW-UP AND PROVISION OF SERVICES UNDER THE WOMEN, INFANTS
AND CHILDREN'S PROGRAM AND THE SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM;
(VII) MENTAL HEALTH AND RELATED SOCIAL SERVICES INCLUDING SCREENING
AND COUNSELING;
(VIII) TRANSPORTATION SERVICES FOR PRENATAL CARE SERVICES;
(IX) LABOR AND DELIVERY SERVICES;
(X) POST-PARTUM SERVICES INCLUDING FAMILY PLANNING SERVICES;
(XI) INPATIENT CARE, SPECIALTY PHYSICIAN AND CLINIC SERVICES WHICH ARE
NECESSARY TO ASSURE A HEALTHY DELIVERY AND RECOVERY;
(XII) DENTAL SERVICES;
(XIII) EMERGENCY ROOM SERVICES;
(XIV) HOME CARE; AND
(XV) PHARMACEUTICALS.
S 4. Subdivision 6 of section 365-a of the social services law, as
amended by chapter 16 of the laws of 2002, is amended to read as
follows:
6. Any inconsistent provision of law notwithstanding, medical assist-
ance shall also include payment for medical care, services or supplies
furnished to eligible pregnant women [under the prenatal care assistance
program established pursuant to title two of article twenty-five of the
public health law] PURSUANT TO PARAGRAPH (O) OF SUBDIVISION FOUR OF
SECTION THREE HUNDRED SIXTY-SIX AND SUBDIVISION SIX OF SECTION THREE
HUNDRED SIXTY-FOUR-I OF THIS TITLE, to the extent that and for so long
as federal financial participation is available therefor; provided,
however, that nothing in this section shall be deemed to affect payment
for such medical care, services or supplies if federal financial partic-
ipation is not available for such care, services and supplies solely by
reason of the immigration status of the otherwise eligible pregnant
woman.
S. 3257--A 4
S 5. The social services law is amended by adding a new section 365-k
to read as follows:
S 365-K. PROVISION OF PRENATAL CARE SERVICES. 1. THE COMMISSIONER
SHALL ESTABLISH STANDARDS AND GUIDELINES FOR THE PROVISION OF PRENATAL
CARE SERVICES UNDER THE MEDICAL ASSISTANCE PROGRAM. IN ESTABLISHING SUCH
STANDARDS AND GUIDELINES, THE COMMISSIONER SHALL CONSIDER GENERALLY
ACCEPTED STANDARDS OF PROFESSIONAL PRACTICE, INCLUDING, BUT NOT LIMITED
TO, STANDARDS ISSUED BY THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNE-
COLOGISTS AND THE AMERICAN ACADEMY OF PEDIATRICS, AND SHALL CONSULT WITH
PRENATAL CARE PROVIDERS AND OTHER INTERESTED PARTIES.
2. FOR PURPOSES OF THIS TITLE, "PRENATAL CARE PROVIDER" MEANS A
MEDICAL CARE FACILITY OR PUBLIC OR PRIVATE NOT-FOR-PROFIT AGENCY OR
ORGANIZATION, PHYSICIAN, LICENSED NURSE PRACTITIONER, OR LICENSED
MIDWIFE PRACTICING ON AN INDIVIDUAL OR GROUP BASIS THAT PROVIDES PRENA-
TAL CARE OR MANAGED CARE PLAN THAT CONTRACTS WITH PRENATAL PROVIDERS.
S 6. Section 364-i of the social services law is amended by adding a
new subdivision 6 to read as follows:
6. (A) A PREGNANT WOMAN SHALL BE PRESUMED TO BE ELIGIBLE FOR COVERAGE
OF SERVICES DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION BEGINNING ON
THE DATE THAT A PRENATAL CARE PROVIDER, LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR OTHER PRENATAL CARE PROVIDER
APPROVED BY THE DEPARTMENT OF HEALTH DETERMINES, ON THE BASIS OF PRELIM-
INARY INFORMATION, THAT THE PREGNANT WOMAN'S FAMILY HAS: (I) SUBJECT TO
THE APPROVAL OF THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES,
GROSS INCOME THAT DOES NOT EXCEED TWO HUNDRED THIRTY PERCENT OF THE
FEDERAL POVERTY LINE (AS DEFINED AND ANNUALLY REVISED BY THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES) FOR A FAMILY OF THE SAME
SIZE, OR (II) IN THE ABSENCE OF SUCH APPROVAL, NET INCOME THAT DOES NOT
EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE (AS DEFINED AND
ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES) FOR A FAMILY OF THE SAME SIZE.
(B) SUCH PRESUMPTIVE ELIGIBILITY SHALL CONTINUE THROUGH THE EARLIER
OF: THE DAY ON WHICH ELIGIBILITY IS DETERMINED PURSUANT TO THIS TITLE;
OR THE LAST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE PROVIDER
MAKES PRELIMINARY DETERMINATION, IN THE CASE OF A PREGNANT WOMAN WHO
DOES NOT FILE AN APPLICATION FOR MEDICAL ASSISTANCE ON OR BEFORE SUCH
DAY.
(C) A PRESUMPTIVELY ELIGIBLE PREGNANT WOMAN IS ELIGIBLE FOR COVERAGE
OF:
(I) ALL MEDICAL CARE, SERVICES, AND SUPPLIES AVAILABLE UNDER THE
MEDICAL ASSISTANCE PROGRAM, EXCLUDING INPATIENT SERVICES AND INSTITU-
TIONAL LONG TERM CARE, IF THE WOMAN'S FAMILY HAS: (A) SUBJECT TO THE
APPROVAL OF THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES,
GROSS INCOME THAT DOES NOT EXCEED ONE HUNDRED TWENTY PERCENT OF THE
FEDERAL POVERTY LINE (AS DEFINED AND ANNUALLY REVISED BY THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES) FOR A FAMILY OF THE SAME
SIZE, OR (B) IN THE ABSENCE OF SUCH APPROVAL, NET INCOME THAT DOES NOT
EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LINE (AS DEFINED AND
ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES) FOR A FAMILY OF THE SAME SIZE; OR
(II) PRENATAL CARE SERVICES AS DESCRIBED IN SUBPARAGRAPH FOUR OF PARA-
GRAPH (O) OF SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-SIX OF THIS
TITLE, IF THE WOMAN'S FAMILY HAS: (A) SUBJECT TO THE APPROVAL OF THE
FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES, GROSS INCOME THAT
EXCEEDS ONE HUNDRED TWENTY PERCENT OF THE FEDERAL POVERTY LINE (AS
DEFINED AND ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH
S. 3257--A 5
AND HUMAN SERVICES) FOR FAMILIES OF THE SAME SIZE, BUT DOES NOT EXCEED
TWO HUNDRED THIRTY PERCENT OF SUCH FEDERAL POVERTY LINE, OR (B) IN THE
ABSENCE OF SUCH APPROVAL, NET INCOME THAT EXCEEDS ONE HUNDRED PERCENT
BUT DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE (AS
DEFINED AND ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH
AND HUMAN SERVICES) FOR A FAMILY OF THE SAME SIZE.
(D) THE DEPARTMENT OF HEALTH SHALL PROVIDE PRENATAL CARE PROVIDERS
LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND OTHER
APPROVED PRENATAL CARE PROVIDERS WITH SUCH FORMS AS ARE NECESSARY FOR A
PREGNANT WOMAN TO APPLY AND INFORMATION ON HOW TO ASSIST SUCH WOMEN IN
COMPLETING AND FILING SUCH FORMS. A QUALIFIED PROVIDER WHICH DETERMINES
THAT A PREGNANT WOMAN IS PRESUMPTIVELY ELIGIBLE SHALL NOTIFY THE SOCIAL
SERVICES DISTRICT IN WHICH THE PREGNANT WOMAN RESIDES OF THE DETERMI-
NATION WITHIN FIVE WORKING DAYS AFTER THE DATE ON WHICH SUCH DETERMI-
NATION IS MADE AND SHALL INFORM THE WOMAN AT THE TIME THE DETERMINATION
IS MADE THAT SHE IS REQUIRED TO MAKE APPLICATION BY THE LAST DAY OF THE
MONTH FOLLOWING THE MONTH IN WHICH THE DETERMINATION IS MADE.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CARE THAT IS FURNISHED
TO A PREGNANT WOMAN PURSUANT TO THIS SUBDIVISION DURING A PRESUMPTIVE
ELIGIBILITY PERIOD SHALL BE DEEMED AS MEDICAL ASSISTANCE FOR PURPOSES OF
PAYMENT AND STATE REIMBURSEMENT.
(F) FACILITIES LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC
HEALTH LAW PROVIDING PRENATAL CARE SERVICES SHALL PERFORM PRESUMPTIVE
ELIGIBILITY DETERMINATIONS AND ASSIST WOMEN IN SUBMITTING APPROPRIATE
DOCUMENTATION TO THE SOCIAL SERVICES DISTRICT AS REQUIRED BY THE COMMIS-
SIONER; PROVIDED, HOWEVER, THAT A FACILITY MAY APPLY TO THE COMMISSIONER
FOR EXEMPTION FROM THIS REQUIREMENT ON THE BASIS OF UNDUE HARDSHIP.
(G) ALL PRENATAL CARE PROVIDERS ENROLLED IN THE MEDICAID PROGRAM MUST
PROVIDE PRENATAL CARE SERVICES TO ELIGIBLE SERVICE RECIPIENTS DETERMINED
PRESUMPTIVELY ELIGIBLE FOR MEDICAL ASSISTANCE BUT NOT YET ENROLLED IN
THE MEDICAL ASSISTANCE PROGRAM, AND ASSIST WOMEN IN SUBMITTING APPROPRI-
ATE DOCUMENTATION TO THE SOCIAL SERVICES DISTRICT AS REQUIRED BY THE
COMMISSIONER.
S 7. Paragraph (b) of subdivision 8 of section 2803 of the public
health law, as added by section 2 of part G of chapter 412 of the laws
of 1999, is amended to read as follows:
(b) Notwithstanding any inconsistent provision of section twelve of
this chapter or any other law, the commissioner may impose a civil
penalty of up to three thousand five hundred dollars for each violation
of the requirements of subdivision one of section three hundred sixty-
six-g of the social services law or the rules and regulations promulgat-
ed pursuant to such section, pertaining to reporting to the department,
or such other entity designated by the department, of each live birth to
a woman receiving medical assistance [or services under the prenatal
care assistance program under title two of article twenty-five of this
chapter]. Any such civil penalties shall be assessed subject to the
applicable provisions of sections twelve and twelve-a of this chapter.
S 8. Paragraph (e) of subdivision 16 of section 2807-c of the public
health law, as amended by chapter 731 of the laws of 1993, is amended to
read as follows:
(e) In order for a general hospital to be eligible for distribution of
funds from the pools, such general hospital if it provides obstetrical
care and services must agree to participate in a program approved by the
department for the provision of prenatal care to persons eligible for
medical assistance or medically indigent persons if requested by such a
program. [The department shall write a standardized contract which may
S. 3257--A 6
be used by an approved program for purposes of obtaining the partic-
ipation of such hospitals in the program.] Nothing stated herein shall
require a hospital to grant admitting privileges to a physician solely
because such person is part of an approved program. The participation of
hospitals in an approved program shall include, but not be limited to:
(i) arrangements with designated prenatal care providers for prebook-
ing pregnant women for approximate delivery time, and provision of staff
and facilities for the delivery and necessary postpartum care for women
and infants involved in such programs;
(ii) a system for medical record transfer from a prenatal care provid-
er to hospital staff participating in delivery and for the transfer of
information regarding hospital delivery and care back to the prenatal
care provider for postpartum follow-up; and
(iii) an agreement with designated prenatal care providers to accept
the care of high risk patients on a referral basis and/or to provide
special tests and procedures which are not ordinarily available to
prenatal care clinics if such hospital is capable of caring for high
risk patients and/or providing special tests and procedures.
S 9. Paragraph d of subdivision 2 of section 3607 of the public health
law, as added by chapter 891 of the laws of 1990, is amended to read as
follows:
d. Certified home health agencies which provide home care volunteer
programs for maternal and child health shall establish provisions for
referral and case coordination with PRENATAL CARE providers [of prenatal
care assistance services as defined in section twenty-five hundred twen-
ty-one of this chapter] AS DEFINED IN SECTION THREE HUNDRED SIXTY-FIVE-K
OF THE SOCIAL SERVICES LAW.
S 10. Paragraph (h) of subdivision 8 of section 4403-c of the public
health law, as added by chapter 649 of the laws of 1996, is amended to
read as follows:
(h) direct provision of or arrangement for the provision of comprehen-
sive prenatal care services to all pregnant participants [including all
services enumerated in subdivision one of section twenty-five hundred
twenty-two of this chapter] in accordance with standards adopted by the
department of health [pursuant to such section] and with statute and
regulations governing HIV testing of pregnant women and newborns;
S 11. Subparagraph (ii) of paragraph (b) of subdivision 3 of section
364-j of the social services law, as amended by section 13 of part C of
chapter 58 of the laws of 2004, is amended to read as follows:
(ii) a pregnant woman with an established relationship, as defined by
the commissioner of health, with a [comprehensive prenatal primary care
provider, including a prenatal care assistance program as defined in
title two of article twenty-five of the public health law] PRENATAL CARE
PROVIDER, that is not associated with a managed care provider in the
participant's social services district, may defer participation in the
managed care program while pregnant and for sixty days post-partum;
S 12. Paragraph (n) of subdivision 4 of section 364-j of the social
services law, as added by chapter 649 of the laws of 1996, is amended to
read as follows:
(n) A managed care provider shall provide or arrange, directly or
indirectly (including by referral) for the provision of comprehensive
prenatal care services to all pregnant participants [including all
services enumerated in subdivision one of section twenty-five hundred
twenty-two of the public health law] in accordance with standards
adopted by the department of health [pursuant to such section].
S. 3257--A 7
S 13. Subdivisions 1 and 3 and paragraph (a) of subdivision 4 of
section 366-g of the social services law, as added by section 1 of part
G of chapter 412 of the laws of 1999, are amended to read as follows:
1. Each hospital licensed under article twenty-eight of the public
health law shall report to the department of health, or such other enti-
ty designated by the department of health, in such format as the depart-
ment of health shall provide, each live birth of a child to a woman
receiving medical assistance[, or services under the prenatal care
assistance program under title two of article twenty-five of the public
health law,] on the date of the birth. Such reports shall be made within
five business days of the birth and shall include data identifying the
mother and child.
3. The commissioner of health shall establish a procedure to ensure
that every child born to a mother who is receiving medical assistance[,
or services under the prenatal care assistance program under title two
of article twenty-five of the public health law,] on the date of the
child's birth is automatically enrolled in the medical assistance
program, assigned a client identification number, and issued an active
medical assistance identification card, as soon as possible, but in no
event later than ten business days from the receipt of the report
required pursuant to subdivision one of this section.
(a) Consistent with the provisions of section three hundred sixty-six
of this title, a child under the age of one year whose mother is receiv-
ing medical assistance[, or services under the prenatal care assistance
program under title two of article twenty-five of the public health
law], or whose mother was receiving [such assistance or services]
MEDICAL ASSISTANCE on the date of the child's birth, who is presented to
a medical assistance provider, as defined in section three hundred
sixty-six-d of this title, for care, shall be deemed to be enrolled in
the medical assistance program regardless of the issuance of a medical
assistance identification card or client identification number to such
child or other proof of the child's eligibility.
S 14. Paragraph (a) of subdivision 4 and subdivision 7 of section 374
of the social services law, paragraph (a) of subdivision 4 as amended by
chapter 239 of the laws of 1954 and subdivision 7 as amended by chapter
655 of the laws of 1978, are amended to read as follows:
(a) No hospital or lying-in asylum whether incorporated or unincorpo-
rated where women or girls may be received, cared for or treated during
pregnancy or during or after delivery except as hereinafter provided and
no person licensed to carry on like work under the provisions of
[sections twenty-five hundred twenty to twenty-five hundred twenty-
three, inclusive,] ARTICLE TWENTY-EIGHT of the public health law shall
be an authorized agency for placing out or boarding out children or
place out any child in a foster home whether for adoption or otherwise
either directly or indirectly or as agent or representative of the moth-
er or parents of such child.
7. After receipt of notice from the state commissioner of health or
the department of health of the city of New York, as the case may be,
that an application has been received by such commissioner or department
for a license or for the renewal of a license to conduct a maternity
hospital or lying-in asylum, pursuant to the provisions of [sections
twenty-five hundred twenty to twenty-five hundred twenty-three, inclu-
sive,] ARTICLE TWENTY-EIGHT of the public health law, the department
shall, after notice to the applicant and opportunity for him to be
heard, certify in writing to such commissioner or city department that
the department has reasonable cause to believe that the applicant is
S. 3257--A 8
violating or has violated the provisions of this section, if such be the
case. The department shall so certify within thirty days of the date it
received notice, or within such additional period, not to exceed thirty
days, as the department may request in writing addressed to the commis-
sioner or administration giving notice.
S 15. Section 381 of the social services law, as amended by chapter
555 of the laws of 1978, is amended to read as follows:
S 381. Maternity homes; records and reports. Every hospital or
lying-in asylum whether incorporated or unincorporated where women or
girls may be received, cared for or treated during pregnancy or during
or after delivery and every person licensed to carry on like work under
the provisions of [sections twenty-five hundred twenty to twenty-five
hundred twenty-three, inclusive,] ARTICLE TWENTY-EIGHT of the public
health law shall keep a record showing the full and true name and
address including street and number, if any, of every such woman or girl
and of each child of such woman or girl received, admitted or born on
the premises, the full and true names and addresses and the religious
faith of the parents of every such child, the dates of reception, admis-
sion or birth and of discharge or departure of each such woman, girl or
child, the full and true names and addresses of the person or persons by
whom any such child is removed or taken away, the amount paid for the
care of any such woman, girl or child and the full and true names and
addresses of the person or persons making such payment or payments; and
shall keep such further record as may be required by regulations of the
department. The department may, through its authorized agents and
employees, at all reasonable times, inspect and examine such records and
may require from such licensed person or from such hospital and its
directors, officers, trustees, employees, manager, superintendent, owner
or other person responsible for its operation, all information in their
possession with reference to any such child not taken away or removed
from such hospital by his parents or parent.
S 16. This act shall take effect immediately; provided that:
(a) the amendments to subdivision eight of section 4403-c of the
public health law made by section ten of this act shall be subject to
the repeal of such section and shall be deemed repealed therewith;
(b) the amendments to subdivisions three and four of section 364-j of
the social services law made by sections eleven and twelve, respective-
ly, of this act shall be subject to the repeal of such section and shall
be deemed repealed therewith; and
(c) effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and completed
on or before such effective date.
