S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8611
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced by M. of A. REYES, GOTTFRIED -- read once and referred to the
   Committee on Health
 
 AN  ACT  to  amend  the public health law, in relation to establishing a
   voluntary statewide newborn home nurse visitation program
 
   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
 2529 to read as follows:
   § 2529. NEWBORN HOME NURSE VISITATION PROGRAM. 1.  THE  DEPARTMENT  IS
 AUTHORIZED  TO  DESIGN,  IMPLEMENT  AND  MAINTAIN  A VOLUNTARY STATEWIDE
 PROGRAM TO PROVIDE UNIVERSAL NEWBORN HOME VISITING SERVICES TO ALL FAMI-
 LIES WITH NEWBORNS RESIDING IN THE STATE. THE SERVICES PROVIDED  BY  THE
 NEWBORN HOME NURSE VISITATION PROGRAM SHALL:
   (A) BE VOLUNTARY AND SHALL NOT CARRY NEGATIVE CONSEQUENCES FOR A FAMI-
 LY THAT DECLINES TO PARTICIPATE;
   (B)  BE  OFFERED  IN  EVERY  COMMUNITY IN THE STATE AND OFFERED TO ALL
 FAMILIES WITH NEWBORN INFANTS RESIDING IN SUCH COMMUNITY INCLUDING ADOP-
 TIVE AND FOSTER PARENTS AND PARENTS EXPERIENCING A STILLBIRTH;
   (C) INCLUDE ONE HOME NURSE VISIT IN A PARENT'S HOME WITHIN SEVEN  DAYS
 AFTER THE BIRTH OR STILLBIRTH OF AN INFANT;
   (D)  BE PROVIDED BY A LICENSED PHYSICIAN, MIDWIFE, NURSE PRACTITIONER,
 OR PHYSICIAN ASSISTANT, OR OTHER HEALTH CARE PRACTITIONER ACTING  WITHIN
 HIS OR HER LAWFUL SCOPE OF PRACTICE;
   (E)  INCLUDE  AN EVIDENCE-BASED ASSESSMENT OF THE PHYSICAL, SOCIAL AND
 EMOTIONAL FACTORS AFFECTING A PARENT AND THE  PARENT'S  NEWBORN  INFANT,
 INCLUDING,  BUT  NOT  LIMITED  TO,  A  HEALTH  AND WELLNESS CHECK OF THE
 NEWBORN INFANT AND AN ASSESSMENT OF THE PHYSICAL AND MENTAL HEALTH OF  A
 PERSON WHO HAS GIVEN BIRTH;
   (F) INCLUDE BUT NOT BE LIMITED TO, BREASTFEEDING EDUCATION, ASSISTANCE
 IDENTIFYING  AND COPING WITH POSTPARTUM DEPRESSION, PATERNAL MOOD DISOR-
 DER OR OTHER BEHAVIORAL HEALTH CONCERNS; AND
   (G) INCLUDE INFORMATION AND REFERRALS TO ADDRESS EACH  FAMILY'S  NEEDS
 INCLUDING  SUPPORT  SERVICES,  COMMUNITY-BASED  ORGANIZATIONS AND SOCIAL
 SERVICE AGENCY PROGRAMS AVAILABLE  TO  PERSONS  WHO  HAVE  GIVEN  BIRTH,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13055-01-1
 A. 8611                             2
 
 NEWBORN  INFANTS  AND  PARENTS OF NEWBORN INFANTS INCLUDING ADOPTIVE AND
 FOSTER PARENTS OF NEWBORN INFANTS.
   2. EACH HOSPITAL AND BIRTH CENTER SHALL:
   (A) SCHEDULE A POSTPARTUM HOME VISIT FOR PARENTS WHO GIVE BIRTH AT THE
 HOSPITAL OR BIRTH CENTER, FOLLOWING THE BIRTH OF THE INFANT AND PRIOR TO
 THE  PATIENT'S  OR FAMILY'S DISCHARGE FROM THE HOSPITAL OR BIRTH CENTER.
 THE POSTPARTUM HOME VISIT SHALL BE SCHEDULED FOR A DATE THAT  IS  WITHIN
 SEVEN DAYS OF THE PATIENT'S OR FAMILY'S DISCHARGE;
   (B)  PROVIDE  ONE  POSTPARTUM  HOME VISIT TO ANY FAMILY WITH A NEWBORN
 INFANT DISCHARGED FROM THE HOSPITAL OR BIRTH CENTER FOLLOWING THE  BIRTH
 OF  THE  INFANT,  AS  SCHEDULED  BY THE HOSPITAL OR FACILITY PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (C) ENSURE THAT A PERSON WHO HAS GIVEN BIRTH IS ADVISED OF  THE  BENE-
 FITS  OF  RECEIVING A HOME NURSE VISIT WITHIN SEVEN DAYS AFTER THE BIRTH
 AN INFANT.
   3. A HOSPITAL OR BIRTH CENTER SHALL WAIVE THE RECEIPT  OF  ANY  COPAY-
 MENT,  COINSURANCE,  OR  DEDUCTIBLE THAT MAY BE REQUIRED FROM A PATIENT,
 PURSUANT TO THE PATIENT'S CONTRACT,  AGREEMENT  OR  ARRANGEMENT  WITH  A
 THIRD-PARTY  HEALTH  CARE  PAYER FOR SERVICES PROVIDED PURSUANT TO PARA-
 GRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
   4. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, A HOSPITAL OR  BIRTH
 CENTER  SHALL  NOT  SEEK  PAYMENT  FROM  A PATIENT FOR SERVICES PROVIDED
 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION,  INCLUDING
 ANY  REMAINING  BALANCES  FOLLOWING PAYMENT BY AN APPLICABLE THIRD-PARTY
 PAYER.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  IF  THE  PARENT  OR
 PARENTS  OF  THE INFANT OBJECTS TO RECEIVING A POSTPARTUM HOME VISIT FOR
 ANY REASON.
   6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE PARENTS OF  A
 NEWBORN  INFANT  TO  PARTICIPATE  IN  THE  NEWBORN HOME NURSE VISITATION
 PROGRAM.
   7. THE DEPARTMENT SHALL COLLECT AND  ANALYZE  DATA  GENERATED  BY  THE
 NEWBORN  HOME  NURSE  VISITATION  PROGRAM TO ASSESS THE EFFECTIVENESS OF
 SUCH PROGRAM IN MEETING THE AIMS OF THIS SECTION. THE  DEPARTMENT  SHALL
 WORK  WITH  OTHER  STATE AGENCIES TO DEVELOP PROTOCOLS FOR SHARING DATA,
 INCLUDING BUT NOT LIMITED TO, THE TIMELY SHARING OF  DATA  WITH  PRIMARY
 CARE  PROVIDERS  OF  CARE TO THE FAMILIES WITH NEWBORN INFANTS RECEIVING
 THE SERVICES PROVIDED BY SUCH PROGRAM.
   8. THE DEPARTMENT SHALL CREATE AND PROVIDE FOR THE DISTRIBUTION  OF  A
 RESOURCE  GUIDE THAT OUTLINES THE NEWBORN HOME NURSE VISITATION PROGRAM.
 SUCH RESOURCE GUIDE SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE  AND  BE
 PROVIDED  BY  THE  HOSPITAL  OR  BIRTH  CENTER  TO ALL PREGNANT PERSONS,
 PERSONS GIVING BIRTH, PARENTS OF A NEWBORN INFANT AND PARENTS EXPERIENC-
 ING A STILLBIRTH.
   9. AS USED IN THIS SECTION "POSTPARTUM HOME VISIT" MEANS A HOME  VISIT
 TO  A  PARENT  AND NEWBORN INFANT, WITHIN THE FIRST SEVEN DAYS FOLLOWING
 DELIVERY OR STILLBIRTH TO ENSURE PROPER  RECOVERY  FROM  CHILDBIRTH  AND
 SHALL INCLUDE ADOPTIVE AND FOSTER PARENTS AND NEWBORN INFANTS.
   10. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.