S T A T E O F N E W Y O R K
________________________________________________________________________
1303
2021-2022 Regular Sessions
I N S E N A T E
January 11, 2021
___________
Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to pre-term labor
care and directing the commissioner of health to require hospitals to
provide pre-term labor patients with information regarding the poten-
tial health effects of pre-term labor and pre-term delivery on an
expectant mother and on her fetus; to amend a chapter of the laws of
2020, amending the public health law relating to enacting the Jonah
Bichotte Cowan law, as proposed in legislative bills numbers S.8525
and A.2770-C, in relation to the effectiveness thereof; and to repeal
certain provisions of the public health law related thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2509-b of the public health law as added by a chap-
ter of the laws of 2020, amending the public health law relating to
enacting the Jonah Bichotte Cowan law, as proposed in legislative bills
numbers S.8525 and A.2770-C is REPEALED.
§ 2. Subdivisions 1 and 1-a of section 2803-j of the public health
law, as amended by a chapter of the laws of 2020, amending the public
health law relating to enacting the Jonah Bichotte Cowan law, as
proposed in legislative bills numbers S.8525 and A.2770-C, are amended
to read as follows:
1. The commissioner shall require that every hospital and birth center
shall prepare in printed or photocopied form and distribute at the time
of pre-booking directly to each prospective maternity patient and, upon
request, to the general public an informational leaflet. [Such leaflet
shall also be distributed to any expectant mother who presents at the
hospital during pregnancy.] Such leaflet shall be designed by the
commissioner and shall contain brief definitions of maternity related
procedures and practices as specified in subdivision two of this section
and such other material as deemed appropriate by the commissioner.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07165-01-1
S. 1303 2
Hospitals and birth centers may also elect to distribute additional
explanatory material along with the maternity patients informational
leaflet. The commissioner shall make the information contained in the
leaflet available on the department's website.
1-a. The informational leaflet shall also include[:
(a)] an explanation of the special provisions relating to maternity
care and coverage under the insurance law and section twenty-eight
hundred three-n of this article, and suggest that expectant parents
check their insurance policies for the details of their maternity cover-
age[; and
(b) a statement that the medical assistance program provides coverage
for all income-eligible pregnant women and children residing in the
state regardless of immigration status].
§ 3. Subdivision 1-f of section 2803-j of the public health law as
added by a chapter of the laws of 2020, amending the public health law
relating to enacting the Jonah Bichotte Cowan law, as proposed by legis-
lative bills numbers S.8525 and A.2770-C is REPEALED.
§ 4. Section 2803-n of the public health law is amended by adding a
new subdivision 4 to read as follows:
4. THE HOSPITAL SHALL ADOPT, IMPLEMENT AND PERIODICALLY UPDATE STAND-
ARD PROTOCOLS FOR MANAGEMENT OF OTHER EMERGENCY MEDICAL CONDITIONS
RELATED TO PREGNANCY FOR EXPECTANT MOTHERS BEING ADMITTED TO THE HOSPI-
TAL OR PRESENTING TO THE EMERGENCY DEPARTMENT, INCLUDING BUT NOT LIMITED
TO PRE-TERM LABOR. SUCH PROTOCOLS SHALL REQUIRE THE HOSPITAL TO DETER-
MINE WHETHER AN EXPECTANT MOTHER IS EXPERIENCING AN EMERGENCY MEDICAL
CONDITION, AND UPON MAKING A DIAGNOSIS OF AN EMERGENCY MEDICAL CONDI-
TION, ADMIT THE EXPECTANT MOTHER TO THE HOSPITAL OR TREAT THEM IN THE
EMERGENCY ROOM FOR CLOSE OBSERVATION AND CONTINUOUS MONITORING UNTIL IT
IS DEEMED MEDICALLY SAFE FOR DISCHARGE OR TRANSFER IN ACCORDANCE WITH
STATE AND FEDERAL REQUIREMENTS INCLUDING THE FEDERAL EMERGENCY MEDICAL
TREATMENT AND LABOR ACT (EMTALA).
§ 5. Section 266 of the public health law as added by chapter 342 of
the laws of 2014, is amended by adding two new subdivisions 4 and 5 to
read as follows:
4. INFORMATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL
INCLUDE INFORMATION RELATED TO PRE-TERM LABOR AND PREMATURE BIRTH,
INCLUDING BUT NOT LIMITED TO DEFINITIONS AND INFORMATION ON THE RISKS OF
PRE-TERM LABOR AND PREMATURE BIRTH TO THE EXPECTANT MOTHER AND FETUS, AS
WELL AS SIGNS AND SYMPTOMS OF PRE-TERM LABOR. THE INFORMATION SHALL ALSO
INCLUDE:
(A) A STATEMENT THAT THE MEDICAL ASSISTANCE PROGRAM PROVIDES COVERAGE
FOR ALL INCOME-ELIGIBLE PREGNANT WOMEN RESIDING IN THE STATE REGARDLESS
OF IMMIGRATION STATUS; AND
(B) A STATEMENT INFORMING INDIVIDUALS OF THEIR RIGHT TO REQUEST A
HOSPITAL DISCHARGE REVIEW IN ACCORDANCE WITH SECTION TWENTY-EIGHT
HUNDRED THREE-I OF THIS ARTICLE IF THEY BELIEVE THEY ARE BEING ASKED TO
LEAVE A HOSPITAL TOO SOON; AND
(C) A STATEMENT INFORMING INDIVIDUALS THAT HOSPITALS MUST DETERMINE
WHETHER AN EXPECTANT MOTHER IS EXPERIENCING AN EMERGENCY MEDICAL CONDI-
TION, AND UPON MAKING A DIAGNOSIS OF AN EMERGENCY MEDICAL CONDITION,
ADMIT THE EXPECTANT MOTHER TO THE GENERAL HOSPITAL OR TREAT THEM IN THE
EMERGENCY ROOM FOR CLOSE OBSERVATION AND CONTINUOUS MONITORING UNTIL IT
IS DEEMED MEDICALLY SAFE FOR DISCHARGE OR TRANSFER IN ACCORDANCE WITH
STATE AND FEDERAL REQUIREMENTS INCLUDING THE FEDERAL EMERGENCY MEDICAL
TREATMENT AND LABOR ACT (EMTALA).
S. 1303 3
5. THE DEPARTMENT SHALL DEVELOP EDUCATIONAL MATERIALS TO BE PROVIDED
TO EMERGENCY ROOM MEDICAL STAFF REGARDING THE STATE AND FEDERAL
DISCHARGE AND TRANSFER REQUIREMENTS.
§ 6. Section 2803-w of the public health law, as added by chapter 76
of the laws of 2020, is amended to read as follows:
§ 2803-w. Disclosure of information concerning pregnancy compli-
cations. Every hospital offering maternity or women's wellness services
shall provide the information developed pursuant to SUBDIVISIONS TWO AND
FOUR OF section two hundred sixty-six of this chapter, as added by chap-
ter 342 of the laws of 2014, to pregnant patients as clinically appro-
priate, but prior to discharge. IN ADDITION, SUCH INFORMATION SHALL BE
PROVIDED AT THE TIME OF PRE-BOOKING TO EACH PROSPECTIVE MATERNITY
PATIENT AND, UPON REQUEST, TO THE GENERAL PUBLIC. Such information shall
also be provided by every diagnostic and treatment center offering
prenatal care services upon the initial prenatal care visit.
§ 7. Section 4 of a chapter of the laws of 2020, amending the public
health law relating to enacting the Jonah Bichotte Cowan law, as
proposed in legislative bills numbers S.8525 and A.2770-C, is amended to
read as follows:
§ 4. This act shall take effect [on the sixtieth day] ONE YEAR 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 date.
§ 8. This act shall take effect immediately; provided, however, that
sections one, two, three, five and six, shall take effect on the same
date and in the same manner as a chapter of the laws of 2020, amending
the public health law relating to enacting the Jonah Bichotte Cowan law,
as proposed in legislative bills numbers S.8525 and A.2770-C, takes
effect; provided, further, that section four of this act shall take
effect on the one hundred eightieth day after a chapter of the laws of
2020, amending the public health law relating to enacting the Jonah
Bichotte Cowan law, as proposed in legislative bills numbers S.8525 and
A.2770-C, takes effect.