BILL NUMBER: S5290

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing
mandatory minimum medicaid coverage for hospital confinement for child-
birth

 
PURPOSE:

To require Medicaid to provide coverage for maternity patients and their
newborns for hospital stays of at least 48 hours for natural delivery
and 96 hours following caesarean section as is currently provided by
private insurers and HMO's.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 6-a to Social services Law § 365-a to
require Medicaid to provide coverage for maternity patients and their
newborns for hospital stays of at least 48 hours for natural delivery
              

and 96 hours following caesarean section. It also provides that coverage
may be provided for a shorter period of time under certain circumstances
outlined in the bill.

Section 2 provides that the act shall take effect 180 days after becom-
ing law.

 
EXISTING LAW:

Chapter 56 of 1996 established mandatory minimum periods of coverage by
insurers and HMO's and care by hospitals for maternity stays following
childbirth.

 
JUSTIFICATION:

In 1996 the legislature addressed the growing trend of "Revolving Door
Deliveries," in which HMOs, insurance companies and hospitals were
restricting the length of maternity stay for mothers and newborns
following childbirth to 24 hours or less, based upon financial rather
than public health considerations. Such early discharges can be detri-
mental to the health of both mother and newborn, particularly because
many conditions which affect newborns, such as jaundice, do not manifest
themselves during the first 24 hours of life.

The legislation adopted in 1996 established mandatory minimum periods of
coverage for maternity stays following childbirth, however it did not
include the same protections for those whose care is paid for through
Medicaid. This bill insurers that those covered by Medicaid are not
treated differently than those covered by private insurance. It estab-
lishes the same mandatory minimum periods of coverage under Medicaid
that private insurers are bound to provide.

 
LEGISLATIVE HISTORY:

2019-20: S.4795 - Referred to Health
2017-18: S.3288 - REFERRED TO HEALTH
2015-16: S.1891/A.7110 - Referred to Health
2013-14: S.1335/A.2424 - Died in Health
2011-12: S.2556/A.6983 - Died in Rules
2009-10: S.3117A/A.5047A - Passed Senate
2007-08: S.4106/A.3716 - Referred to Social Services, Children & Fami-
lies
2005-06: S.1061/A.2801 - Referred to Social Services, Children & Fami-
lies
2003-04: S.651/A.867 - Referred to Social Services
2001-02: S.4077/A.751 - Referred to Social Services
1999-00: S.2801/A.7025 - Referred to Social Services

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.