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

                                 4488--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 24, 2015
                               ___________

Introduced by Sens. MURPHY, ESPAILLAT -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Health -- recom-
  mitted to the Committee on Health in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public health law and the insurance law, in relation
  to premium reduction for obstetric practitioners who complete  a  risk
  management strategies course

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

  Section 1. The public health law is amended by adding  a  new  section
2506-a to read as follows:
  S  2506-A.  RISK  MANAGEMENT  STRATEGIES  IN  OBSTETRICS AND MIDWIFERY
COURSES. 1. IN ORDER TO IMPROVE PATIENT SAFETY, BIRTH  OUTCOMES  AND  TO
PROMOTE  INFORMED  CONSULTATION  BY  PATIENTS  WITH THEIR PHYSICIANS AND
LICENSED MIDWIVES DURING THE PRENATAL THROUGH INTRAPARTUM AND POSTPARTUM
PERIODS, THE COMMISSIONER SHALL APPROVE PROFESSIONAL  EDUCATION  COURSES
FOR ELIGIBLE PHYSICIANS AND LICENSED MIDWIVES AS PROVIDED IN SUBDIVISION
FOUR  OF  THIS SECTION THAT COVERS RISK MANAGEMENT STRATEGIES IN OBSTET-
RICS AND MIDWIFERY AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUCH
RISK MANAGEMENT STRATEGIES COURSES SHALL BE SUBJECT TO SUCH STANDARDS AS
THE COMMISSIONER MAY PRESCRIBE BY REGULATION. IN PRESCRIBING SUCH  REGU-
LATIONS,  THE  COMMISSIONER  MAY  CONSULT  WITH THE AMERICAN CONGRESS OF
OBSTETRICIANS AND GYNECOLOGISTS, NEW YORK STATE ASSOCIATION OF  LICENSED
MIDWIVES  AND  OTHER HEALTH CARE ORGANIZATIONS. AN ELIGIBLE PHYSICIAN OR
LICENSED MIDWIFE WHO SUCCESSFULLY COMPLETES SUCH RISK MANAGEMENT STRATE-
GIES COURSE PURSUANT TO THIS SECTION SHALL  RECEIVE  CONTINUING  MEDICAL
EDUCATION CREDIT AND A CERTIFICATE OF COMPLETION.
  2.   COURSES ON RISK MANAGEMENT STRATEGIES DURING THE PRENATAL THROUGH
INTRAPARTUM AND POSTPARTUM PERIODS SHALL PROMOTE EVIDENCE-BASED CLINICAL
GUIDELINES AND PATIENT SAFETY PROTOCOLS  FROM  BOTH  THE  MIDWIFERY  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00091-03-6
              

S. 4488--A                          2

OBSTETRICAL  PERSPECTIVES. OPTIONS FOR COURSES SHOULD BE APPROPRIATE FOR
THE RESPECTIVE PROFESSION AND  MAY  INCLUDE  INFORMATION  AND  EDUCATION
ADDRESSING  RISKS ASSOCIATED WITH THE PRACTICE OF OBSTETRICS AND MIDWIF-
ERY.  COURSE  OPTIONS  MAY  INCLUDE ISSUES SUCH AS: METHODS TO ELIMINATE
NON-MEDICALLY INDICATED (ELECTIVE) DELIVERIES PRIOR TO THIRTY-NINE WEEKS
GESTATION INCLUDING THE NEONATAL IMPACT OF LATE PRETERM BIRTHS;  VAGINAL
BIRTHS  AFTER CESAREAN BIRTHS AND THE APPLICABILITY TO A TRIAL OF LABOR;
REDUCTIONS IN CESAREAN BIRTHS; MONITORING OF FETAL  WELL-BEING;  MANAGE-
MENT  OF  PAIN  IN  LABOR;  MANAGEMENT OF MATERNAL HEMORRHAGE, INCLUDING
PLACENTA ACCRETA, HYPERTENSION IN PREGNANCY, INCLUDING PRE-ECLAMPSIA AND
ECLAMPSIA, VAGINAL BREECH AND PREVENTION OF SHOULDER DYSTOCIA; AND OTHER
EVIDENCE-BASED GUIDELINE DETERMINED ISSUES THAT  IMPROVE  THE  CARE  AND
OUTCOMES OF WOMEN.
  3.  ATTENDANCE  AT ANY COURSE APPROVED BY THE COMMISSIONER PURSUANT TO
THIS SECTION MAY BE IN PERSON OR THROUGH DISTANCE LEARNING METHODS WHICH
EVINCE THAT ALL PARTICIPANTS ARE IN ATTENDANCE FOR THE DURATION  OF  THE
COURSE AND ABLE TO ASK QUESTIONS OF THE INSTRUCTOR.
  4.  PHYSICIANS  WHO  ARE  BOARD CERTIFIED OR ARE ACTIVE CANDIDATES FOR
BOARD CERTIFICATION IN OBSTETRICS AND PHYSICIANS WHO ARE BOARD CERTIFIED
OR ARE ELIGIBLE FOR BOARD CERTIFICATION IN FAMILY PRACTICE  AND  PROVIDE
OBSTETRIC SERVICES AND MIDWIVES WHO ARE LICENSED IN THE STATE ARE ELIGI-
BLE FOR A RISK MANAGEMENT STRATEGIES COURSE.
  5.  THE  COMMISSIONER  IS  AUTHORIZED TO PRESCRIBE ANY RULES AND REGU-
LATIONS NECESSARY TO IMPLEMENT THIS SECTION. IN PRESCRIBING  SUCH  RULES
AND  REGULATIONS,  THE  COMMISSIONER  SHALL CONSIDER THE RULES AND REGU-
LATIONS PROMULGATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT
TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED  FORTY-THREE  OF
THE  INSURANCE  LAW AND MAY CONSULT WITH THE SUPERINTENDENT OF FINANCIAL
SERVICES.
  S 2. Subsection (e) of section 2343 of the insurance law, as added  by
chapter 642 of the laws of 1990, is amended to read as follows:
  (e)  The superintendent may approve an ACTUARIALLY appropriate premium
reduction for an insured physician OR LICENSED MIDWIFE who  successfully
completes a risk management course OR A COURSE AUTHORIZED BY THE COMMIS-
SIONER  OF  HEALTH  UNDER SECTION TWO THOUSAND FIVE HUNDRED SIX-A OF THE
PUBLIC HEALTH LAW, which must be approved by the superintendent  subject
to  such standards as the superintendent may prescribe by regulation. In
prescribing such regulation the  superintendent  may  consult  with  the
commissioner of health.
  S  3. This act shall take effect one year after it shall have become a
law and shall apply to all  insurance  policies  and  contracts  issued,
renewed,  modified  or  altered  on  and  after such effective date. The
commissioner of health and the superintendent of financial services  are
authorized  and  directed to adopt, amend, suspend or repeal regulations
and take other actions necessary for  the  implementation  of  this  act
prior  to  such  effective  date; provided, however, that such adoption,
amendment, suspension or repeal of  regulations  shall  not  have  legal
effect until this act takes effect.