BILL NUMBER: S362

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the social services law, in relation to including doulas
as medical services providers for Medicaid recipients; directing the
commissioner of health to submit an application for amendments and waiv-
ers to add doulas to state Medicaid coverage; and directing the commis-
sioner of health and the commissioner of the office of children and
family services to add, amend and/or repeal any rule or regulation
necessary for the implementation of this act

 
PURPOSE OR GENERAL IDEA OF BILL:

To include doulas as medical service providers for Medicaid recipients.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Paragraph (d) of subdivision 1 of section 364-J of the social
services law, as amended by chapter 653 of the laws of 1997, is amended
              

to read as follows:

(d) "Medical Services provider". A physician, nurse, nurse practitioner,
physician assistant, licensed midwife, doula, dentist, optometrist, or
other licensed health care practitioner authorized to provide medical
assistance services.

Section 2. The commissioner of health is directed to apply for state
Medicaid Plan amendments of waivers as may be necessary to implement the
provisions of this act and include doula care as a covered service under
the state Medicaid plan, and to secure federal financial participation
for state Medicaid expenditures for doula care under the federal Medi-
caid program.

Section 3. The commissioner of health and the commissioner of social
services shall assess, amend, and/or repeal any rule or regulation
necessary for implementation of this act.

 
JUSTIFICATION:

This bill provides for the expansion of the State Medicaid program to
include coverage for doula care.

A doula is a trained professional who provides continued, physical,
emotional and informational support to a mother before, during and
shortly after childbirth to help her achieve the healthiest, most satis-
fying experience possible.

Countless scientific trials examining doula care demonstrate improved
physical and psychological outcomes for both mother and child. For exam-
ple, a Cochrane Review, Continuous Support for Women Childbirth, found
an unusually high number of positive births when a doula was present.
With the support of a doula, women are less likely to have pain-relief
medications administered or have a cesarean birth.

In addition, consider the sobering data that shows black women in NYC
are 12 times as likely to die from child-birth related causes as white
women. According to the New York Times, black women experience severe,
life-threatening complications from pregnancy and childbirth in about
387 out of every 10,000 births, according to city data. That is triple
the rate of white New Yorkers.

Some states have provided Medicaid coverage for doula services, includ-
ing Minnesota and Oregon, with some demonstrable success. According to
one study in Minnesota, patients with doulas are 22 percent less likely
to have a premature birth and 56 percent less likely to have a C-sec-
tion, compared to Medicaid beneficiaries without a doula. As of 2019, NY
is piloting a program that provides Medicaid re-imbursement for doulas,
under the direction of the Governor. Barring negative results from that
pilot, the program should be expanded statewide.

It is vital that we help women receive proper attention and care during
and after pregnancy. Regardless of the socioeconomic status, a woman
should not be subject to limited birthing support. This legislation will
offer low-income mothers the opportunity to be cared for by licensed
doulas.

 
PRIOR LEGISLATIVE HISTORY:

2020: Referred to health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately. Providing that section one of
this act shall take effect upon receipt by the commissioner of health of
approval from the federal Centers for Medicare and Medicaid Services to
include doula care as a covered service under the state Medicaid plan;
provided, further, that the amendments to section 364-j of the social
services law made by section one of this act shall not affect the repeal
of such section and shall be deemed repealed therewith. The commissioner
of health shall notify the legislative bill drafting commission upon the
occurrence of the receipt of such approval in order that the commission
may maintain an accurate and timely effective data base of the official
text of the laws of the state of New York in furtherance of effectuating
the provision of section 44 of the Legislative law and section 70-b of
the public officers law.