S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    275
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, GUNTHER, KAVANAGH, ROSENTHAL, JAFFEE,
   ENGLEBRIGHT, GOTTFRIED, WOERNER, SKOUFIS, FAHY --  Multi-Sponsored  by
   --  M. of A.  GALEF, LIFTON, LUPARDO, McDONOUGH, PERRY, TITONE -- read
   once and referred to the Committee on Health
 
 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:
   §  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
 OBSTETRICAL  PERSPECTIVES. OPTIONS FOR COURSES SHOULD BE APPROPRIATE FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01063-01-7

 A. 275                              2
 
 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.
   §  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.
   § 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.