BILL NUMBER:S1891

TITLE OF BILL:

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

PURPOSE:

To require Medicaid to provide coverage for maternity patients and
their newborns for hospital stays of at least 48 hours for natural
delivery and 96 hours following caesarean section as is currently
provided by private insurers and HMO's.

SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 6-a to Social services Law § 365-a to
require Medicaid to provide coverage for maternity patients and their
newborns for hospital stays of at least 48 hours for natural delivery
and 96 hours following caesarean section. It also provides that
coverage may be provided for a shorter period of time under certain
circumstances outlined in the bill.

Section 2 provides that the act shall take effect 180 days after
becoming law.
              

EXISTING LAW:

Chapter 56 of 1996 established mandatory minimum periods of coverage
by insurers and HMO's and care by hospitals for maternity stays
following childbirth.

JUSTIFICATION:

In 1996 the legislature addressed the growing trend of "Revolving Door
Deliveries," in which HMOs, insurance companies and hospitals were
restricting the length of maternity stay for mothers and newborns
following childbirth to 24 hours or less, based upon financial rather
than public health considerations. Such early discharges can be
detrimental to the health of both mother and newborn, particularly
because many conditions which affect newborns, such as jaundice, do
not manifest themselves during the first 24 hours of life.

The legislation adopted in 1996 established mandatory minimum periods
of coverage for maternity stays following childbirth, however it did
not include the same protections for those whose care is paid for
through Medicaid. This bill insurers that those covered by Medicaid
are not treated differently than those covered by private insurance.
It establishes the same mandatory minimum periods of coverage under
Medicaid that private insurers are bound to provide.

LEGISLATIVE HISTORY:

2013-14: S.1335/A2424 - Died in Health
2011-12: S.2556/A.6983 - Died in Rules
2007-08: A.3716


2005-06: A.2801 A.1061
2003-04: A.867 S.651
2001-02: A.751 S.4077
1999-00: A.7025 S.2801

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.